Module. Drivers Hours 1 4-1

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1 Module Drivers Hours 01/10 FTA national CPC notes 1 4-1

2 -1 MAIN PROVISIONS OF THE ROAD TRANSPORT (WORKING TIME) REGULATIONS 2005 From 23 March 2005 this has applied: an average 48 hour week, averaged over a reference period, with no opt-out; a maximum of 60 hours worked time in any week; a maximum 10 hour night work limit (night time is between hrs and hrs for drivers and crew of goods vehicles); a requirement to take a break after no more than 6 hours work. A total break of at least 30 minutes must be taken if working time totals bewteen 6 and 9 hours, or 45 minutes if over 9 hours (breaks can be a minimum of 15 minutes). -2 DEFINITION OF MOBILE WORKERS The legislation defines a mobile worker as any worker forming part of the travelling staff, who is in the service of an undertaking which operates transport services for passengers or goods by road for hire or reward or on its own account. -3 DEFINITION OF WORKING TIME Working time is defined as the time from the beginning to the end of work during which the mobile worker is at their workstation, at the disposal of the employer and exercising their functions or activities. Working time includes: driving a vehicle; vehicle loading and unloading; vehicle cleaning and maintenance; daily defect checks and report writing; waiting time where the duration is not known in advance; other work, including administration; overtime; training that is a part of normal work; time worked for another road transport employer. Working time does not include: periods of availability; breaks during a shift; evening classes and day-release courses; daily and weekly rest; voluntary work, such as working for a charity, as a special constable, time spent on duty with the territorial army or work as a retained firefighter. -4 DEFINITION OF NIGHT-TIME AND NIGHT-WORK Night-time, for drivers and crew, is defined as the period between and hours for goods vehicles. Workers are regarded as night-workers if any work is undertaken during night-time, when such workers are restricted to 10 hours working time in a 24 hour period. Under the Road Transport Directive, this can be varied by a collective or workforce agreement. -5 BREAKS UNDER WORKING TIME Break requirements depend on the length of the working time and this must not exceed 6 hours without a break. Additionally, drivers and crew are required to have a total break of 30 minutes if working time totals between 6 and 9 hours, or 45 minutes if over 9 hours (breaks can be a minimum of 15 minutes). Such breaks could be used to satisfy a break as required by EU Regulation 561/ PERIODS OF AVAILABILITY (POA) These are defined as time where the mobile worker is available for work but not required to undertake any. In order to utilise a PoA, certain criteria must be met so the driver must: not be required to remain at the workstation ie, vehicle. However, if a driver must stay with the vehicle because of reasons of safety or security, the time may still be classed as a POA. Also, a driver may choose to stay in the cab during a PoA; be available to answers calls; be available to start work; be available to resume driving or other work; know the duration in advance. If a driver expects to be delayed for a certain amount of time, a PoA is established. However, if the wait goes beyond that expected, the additional time becomes working time. Provided the above conditions are met, a PoA can include: working in a team as a second man ie, on a multimanned journey; accompanying a vehicle on a ferry; -2 FTA national CPC notes 01/10

3 waiting at national borders; delays due to traffic prohibitions; waiting for someone else to load or unload; delays at customers premises; time required to be spent on site with no duties having reported for work; staying at a breakdown awaiting vehicle repair/ recovery. -7 REFERENCE PERIODS UNDER WORKING TIME A reference period is the period over which working time is averaged. This should normally be 17 weeks but can be extended to a maximum of 26 weeks by collective or workforce agreement. The start and end dates of fixed reference periods may also be set by collective or workforce agreements. Such agreements must be in place before any changes take effect. In the UK, the Government has defined the 17 (or occasional 18) week periods which will automatically apply for any company which does not change to a rolling or fixed period by a collective or workforce agreement. This default period will begin at hours on the Monday on or immediately after 1 April, 1 August and 1 December each year. A worker whose conditions are agreed by a collective agreement cannot be subject to a workforce agreement. -8 TREATMENT OF HOLIDAYS AND OTHER LEAVE UNDER WORKING TIME Time spent on statutory annual leave, paternity leave, paternity leave, maternity leave, adoption leave or sickness should be neutral in the calculation of working time. This is achieved by adding a notional 48 hours for a full week of absence, or 8 hours for each individual day of absence. Holidays that are additional to the statutory weeks can reduce the average working time, as no hours are added in to the calculation for such time. It is possible for a worker to take additional leave before their full entitlement to statutory leave has been taken. Additionally, the following points should be noted. There is currently no legal entitlement to time off on bank holidays, therefore paid annual leave can include them. Employers can continue to stipulate when leave is taken. Statutory annual leave may not be carried forward into the next calendar year. Workers cannot volunteer to work during statutory holidays for payment in lieu. Workers must be notified before leave is taken as to whether it is statutory leave or additional leave. -9 CALCULATING WORKING TIME In calculating the time worked, it is important to agree the length of the reference period and then establish the total number of hours worked in the period. In simple calculations, the total hours worked is then divided by the number of weeks in the reference period thus: 816 hours 17 weeks = 48 hours average -10 OTHER ISSUES Occasional drivers It is common for non-mobile and other workers to occasionally drive vehicles subject to EU drivers hours legislation. Where such workers drive in scope on no more than 15 days in a reference period of at least 26 weeks, or on more than 10 days in a reference period which is less than 26 weeks, they will not be subject to any conditions applied by the Road Transport Directive. However, they will be subject to the provisions of either the main directive or the horizontal amending directive. Agency drivers Agency drivers subject to normal terms and conditions of employment under contract to a driver agency or agencies and not party to the commercial contract between an agency and its client(s) will be regarded as being employed by that agency. Where no contract of employment exists, whoever pays the agency worker for their work will be regarded as the employer for the purposes of the road transport working time regulations. Change of employer during the reference period Where a mobile worker ends employment with one employer, who operates road transport services for passengers or the movement of goods, during a reference period, and commences work for another, all relevant hours worked for the previous employer should be included in the calculation of working time for the reference period in question. In such instances employers must ask the new mobile worker in writing for an account of time spent working elsewhere. The mobile worker must declare this information in writing. -11 COLLECTIVE AND WORKFORCE AGREEMENTS There are two types of agreement. 1 Collective agreements, which are made between the employer and an independent trade union. 01/10 FTA national CPC notes 1 4-3

4 2 Workforce agreements, which are made between an employer and a group of employees representing the workforce. If a worker has their conditions determined by a collective agreement, they cannot also be subject to a workforce agreement. If there are 20 or fewer employees, a workforce agreement can be made either by the appropriate representatives or by the majority of the workers. A collective or workforce agreement can be used to: extend the reference period up to a maximum of 26 weeks; set the reference periods by calendar disapply the night work limit; define a fixed or rolling reference period for calculating average working time, to suit the needs of the business. -12 EMPLOYER AND EMPLOYEE OBLIGATIONS Employers are obliged to: notify workers of the provisions of the legislation; provide workers with details of any collective or workforce agreement; request from each worker details of any time worked for another employer; take all reasonable steps to ensure compliance with the rules; keep working time records to show compliance with the rules for two years after the period covered; provide on request a record of working time performed by employees to them; produce on request a record of working time and any other books, records or documents necessary for the purposes of examination or investigation to an authorised enforcement officer. Employees are obliged to: inform employers in writing of all working time undertaken for any other employer. -13 RECORDS OF WORKING TIME There is no prescribed format for this record, but it must demonstrate compliance with the rules. Information likely to be required for this includes: a daily record of time counted as working time; a daily record of breaks and periods of availability; a daily record of night work undertaken; a record of sickness absence; a record of holidays (statutory and additional leave taken). - TACHOGRAPH RECORDS FOR WORKING TIME There is no mandatory requirement to keep a tachograph as a formal record of working time. However, if it recorded a full 24 hour record, it could then provide sufficient information, backed up by additional records on days where no tachograph is required to be completed. -15 WORKING TIME ENFORCEMENT AND PENALTIES Mobile workers VOSA is responsible for enforcement of working time regulations for mobile workers and may prosecute before a magistrate s court (in Scotland they may submit a report to the Procurator Fiscal). Non-mobile workers Contravention of working time regulations could result in an inspector from HSE serving the employer with an Improvement Notice or, where the inspector believes there is a serious risk of personal injury, a Prohibition Notice. The penalty for failing to comply with the terms of a notice or failure to provide information or obstructing an inspector depends upon the nature of the offence. Fines can range from 5,000 to an unlimited fine on conviction. Additionally, offences can also lead to imprisonment ranging from three months to two years. Traffic Commissioners may take account of any information they receive to consider good repute in respect of operator licensing. -16 INTRODUCTION TO DRIVERS HOURS AND RECORDS Drivers of most goods vehicles are limited in the number of hours they may spend driving or working in a day and in a week. These restrictions apply in general to driving on public roads and regardless of whether the vehicle is laden or empty. Drivers of vehicles on journeys within the UK fall into three categories. 1 Drivers subject to the EU regulations. 2 Drivers exempt from the EU regulations and therefore subject to the British domestic rules. -4 FTA national CPC notes 01/10

5 3 Drivers exempt from both the EU and the UK regulations and subject to no restrictions. If the vehicle being driven is over 3.5 tonnes gross vehicle weight (gvw) the driver will be subject to the EU rules unless exempt. The exemptions are listed later. Drivers of smaller vehicles and other vehicles exempt from the EU rules will be subject to the domestic rules unless also exempt. These exemptions are explained later. The hours rules with which drivers must comply stem from one of three main sources. The Transport Act Regulation (EU) No 561/06 (this repeals EU Regulation 3820/85 from 11 April 2007). The Working Time (Road Transport) Regulations 2005 (known as RTR 2005). The EU rules apply to any person who drives a goods vehicle which comes within the scope of the regulations (generally goods vehicles exceeding 3.5 tonnes maximum permissible weight). In the case of a vehicle combination, this means either the maximum permissible gross weight of the towing vehicle plus the mpw of any trailer which is being towed; or the towing vehicle s maximum permissible train weight, whichever is less. The rules cover vehicles used in connection with a business. However, they now also extend to the driver of a vehicle which is used for purely private purposes and not in the course of a business or commercial activity, when the vehicle concerned exceeds 7.5 tonnes maximum permissible mass. This may now cover, for example, carrying out your own house move using a vehicle larger than 7.5 tonnes. The EU rules apply to any person who drives a vehicle covered by the rules, even for a short period, or who is carried in the vehicle as part of their duties in order to be available for driving. Additionally, transport undertakings are obliged to properly instruct drivers, organise the drivers work and make regular checks to ensure the rules are being complied with. -17 DEFINING ACTIVITY IN DRIVERS HOURS RULES The following definitions of activity are set out in EU Regulation 561/06. Driving time The duration of driving activity recorded, whether wholly or partly on roads open to the public, either: automatically or semi-automatically by a tachograph (analogue or digital); or by a manual entry to the tachograph chart or digital printout. Where drivers also drive vehicles out of scope of the EU rules, this time counts as other work. On a digital tachograph, the duration of such activities could be recorded in real time as out of scope. Other work All activities which are defined as working time excluding driving. This now includes any work for the same or another employer, within or outside of the transport sector. Rest Any uninterrupted period during which a driver may freely dispose of their time. Where a driver chooses to do this, daily and reduced weekly rest periods away from base may be taken in a vehicle provided it has suitable sleeping facilities for each driver and is stationary. Break Any period during which a driver may not carry out any driving or any other work and which is used exclusively for recuperation. -18 THE BASIC EU DRIVERS HOURS RULES Maximum driving time Maximum daily driving Maximum weekly driving Maximum fortnightly driving Breaks from driving/other 4.5 hours (continuous or accumulated) 9 hours (10 hours twice a week) 56 hours in a week 90 hours in any two consecutive weeks 45 minutes (or two separate breaks, the first at least 15 minutes, the second at least 30 minutes) Regular daily rest 11 hours (reducible to 9 hours 3 times a week) Weekly rest in any two consecutive weeks a driver must take at least: two regular weekly rests (at least 45 hours), OR one regular and one reduced weekly rest (at least 24 hours). The reduction must be compensated en block by the end of the third following week A week covers the period from 0.00 hours Monday to hours on the following Sunday. -19 DRIVING (ACCUMULATED) UNDER EU The maximum amount of driving that can be undertaken before a statutory break must be taken is 4.5 hours. This may be one single period of driving or two or more shorter periods totalling 4.5 hours. 01/10 FTA national CPC notes 1 4-5

6 When 4.5 hours driving has been accumulated a driver must take a statutory break immediately, unless, at this moment, they starts a daily or weekly rest. -20 DAILY DRIVING UNDER EU The total daily driving between two consecutive daily rest periods must not exceed nine hours. However, it is permissible to extend this to 10 hours on not more than two days in a week without compensation. -21 WEEKLY DRIVING UNDER EU The EU drivers hours rules now specify a limit of 56 hours that a driver may drive in a fixed week. Drivers must remember that they are limited to 60 hours of working time in a fixed week and in seeking to drive for the maximum duration, this should not compromise the working time limit. -22 FORTNIGHTLY DRIVING UNDER EU The total driving time permitted in any two consecutive weeks is 90 hours. -23 BREAKS UNDER EU DRIVING RULES A statutory break must be taken by a driver when (or before) they have accumulated 4.5 hours of driving since either coming on duty for the day or since their last statutory break. Along with this 4.5 hours of driving a driver may have undertaken a considerable amount of other work during this period, for example, delivery work on a multi-drop operation or checking or loading vehicles. This other work has no relevance in assessing when a statutory break from driving must be taken. Everything depends on when the 4.5 hours of actual driving is accumulated. Some drivers may not reach this point in a day of mixed duties. However, a break from work is required after no more than 6 hours work under the Road Transport (Working Time) Regulations see section C113. A break may be split into two periods. The first break must be at least 15 minutes and the second break, must be at least 30 minutes. Such breaks must be taken before a 4.5 hour accumulated period of driving is exceeded. After the statutory break requirement has been met, the slate is wiped clean. Further time spent driving accumulates again and when it reaches 4.5 hours a second 45 minute break is necessary before any more driving or other work is undertaken. Where a vehicle is manned by two drivers, one may take a statutory break (but not daily rest) on the moving vehicle whilst the other is driving. It should be noted, however, that the digital tachograph and some models of the analogue tachograph will record this time as a Period of Availability. Drivers who wish to record a break on a vehicle which is moving are therefore required to adjust the record manually. -24 DAILY REST UNDER EU A driver must have a regular daily rest period of at least 11 consecutive hours during the 24 hour period commencing at the end of the last daily or weekly rest. This period may be reduced to not less than nine hours up to three times between any two weekly rest periods. Drivers are not required to compensate for these reductions. This reduced daily rest will normally result from an increase in the working day normally 13 hours (24 minus 11). -25 SPLIT DAILY REST UNDER EU A driver may split their daily rest into two periods. However certain conditions must be met. The two separate periods must be taken during a consecutive 24 hour period. The first period must be at least three hours long. The second period must be of at least nine hours. Therefore, the total of the rest periods is at least 12 hours. -26 MULTI-MANNED REST UNDER EU Each driver on a multi- (or double-manned) vehicle must have a rest period of at least nine consecutive hours during a period of 30 hours since the end of the previous daily or weekly rest. Daily rest may again be taken in the vehicle as long as it is fitted with a bunk and is stationary. This means drivers can alternate driving and breaks for up to 20 hours, as the maximum daily driving limit is up to 10 hours each. The requirement for nine hours rest in a period of 30 hours leaves 21 hours (30 minus 9) available for driving plus other work. For the first hour of a multi-manned journey, only one driver is required to be present. However, both drivers must be present for the remainder of the journey. -6 FTA national CPC notes 01/10

7 -27 REST ON FERRYBOATS OR TRAINS UNDER EU On journeys where a driver accompanies a vehicle by ferryboat or train, and takes a regular daily rest period, that period may be interrupted no more than twice. Customs formalities would normally be included in this period. However, the following conditions must be met. The activities undertaken during the interruptions must not exceed one hour in total. During all portions of the rest period the driver must have access to a bunk or couchette. -28 WEEKLY REST UNDER EU Legislation now refers to regular and reduced weekly rest. A regular weekly rest is a period of rest of at least 45 hours. A reduced weekly rest is a period of less than 45 hours and at least 24 hours. Whatever the weekly rest taken, it must start no later than six full days (4 hours) from the end of the previous weekly rest period. A weekly rest period that falls in two weeks may be counted in either week, but not in both. In any two consecutive weeks, a driver must take at least: two regular weekly rest periods, or one regular weekly rest period and one reduced weekly rest period. If a driver takes a reduced weekly rest, the reduction must be compensated by an equivalent period of rest taken en bloc, before the end of the third fixed week following the week in which the reduction took place. This compensation must be attached to a period of at least nine hours, and two or more can be added together. -29 TRAVELLING TIME UNDER DRIVERS HOURS RULES On occasions a driver will travel to a location to take charge of a vehicle, or from that location having delivered it, the location being neither their home nor normal operating centre where they are based. Such travelling time will not be counted as a rest or break unless the driver is on a ferry or train and has access to sleeping facilities. -30 BONUS SCHEMES EU Regulation 561/06 stipulates that payments related to distance travelled and/or the amount of goods carried are prohibited, unless the scheme does not prejudice road safety. -31 EU EXEMPTIONS AND DEROGATIONS There are two lists of operations which fall out of scope of the EU rules the first known as exemptions and the second known as derogations. The list of exemptions defines the types of vehicles automatically exempt in each member state of the EU. The list of derogations defines the types of vehicles which member states are permitted to exclude within their territories, ie: for national operations within the UK only. An international journey is one where either the driver, the motor vehicle or the trailer travels outside the UK for part of the journey. The UK leg of such a journey is part of an international journey. It is important to note that exemption from the EU hours rules automatically provides exemption from the EU rules on the compulsory fitting and use of tachographs. -32 EXEMPTIONS FROM EU DRIVERS HOURS RULES Goods vehicles, including any trailer or semi-trailer, with a permissible maximum weight not exceeding 3.5 tonnes. Vehicles with a maximum authorised speed not exceeding 40kph. Vehicles owned or hired without a driver by the armed services, civil defence services, fire services and forces responsible for maintaining public order, when the carriage is undertaken as a consequence of the tasks assigned to these services and is under their control. Vehicles, including vehicles used in the non-commercial transport of humanitarian aid, used in emergencies or rescue operations. Specialised vehicles used for medical purposes. Specialised breakdown vehicles operating within a 100km radius of their base. Vehicles undergoing road tests for technical development, repair or maintenance purposes, and new or rebuilt vehicles which have not yet been put into service. Vehicles or combinations of vehicles with a maximum permissible mass not exceeding 7.5 tonnes used for the non-commercial carriage of goods. Commercial vehicles which have been given historic status and are being used for the non-commercial carriage of goods. 01/10 FTA national CPC notes 1 4-7

8 -33 UK NATIONAL DEROGATIONS FROM EU DRIVERS HOURS RULES Vehicles owned or hired, without a driver, by public authorities to undertake carriage by road which do not compete with private transport undertakings. Vehicles used or hired, without a driver, by agricultural, horticultural, forestry, farming or fishery undertakings for carrying goods as part of their own entrepreneurial activity within a radius of up to 100km from the base of the undertaking. Agricultural tractors and forestry tractors used for agricultural or forestry activities, within a radius of up to 100km from the base of the undertaking which owns, hires or leases the vehicle. Vehicles or combinations of vehicles with a maximum permissible mass not exceeding 7.5 tonnes used: by universal service providers of Community postal services used to deliver items as part of the universal service; for carrying materials, equipment or machinery for the driver s use in the course of his work. These vehicles shall be used only within a 50km radius from the base of the undertaking, and on condition that driving the vehicle does not constitute the driver s main activity. Vehicles operating exclusively on islands not exceeding 2,300 sq kms in an area which is not linked to the rest of the national territory by a bridge, ford or tunnel open for use by motor vehicles. Vehicles used for the carriage of goods within a 50km radius from the base of the undertaking and propelled by means of natural or liquefied gas or electricity, the maximum permissible mass of which, including the mass of a trailer or semi-trailer, does not exceed 7.5 tonnes. Vehicles used for driving instruction and examination with a view to obtaining a driving licence or a certificate of professional competence, provided that they are not being used for the commercial carriage of goods. Vehicles used in connection with sewerage, flood protection, water, gas and electricity maintenance services, road maintenance and control, door-to-door household refuse collection and disposal, telegraph and telephone services, radio and television broadcasting and the detection of radio or television transmitters or receivers. Specialised vehicles transporting circus and funfair equipment. Specially fitted mobile project vehicles, the primary purpose of which is use as an educational facility when stationary. Vehicles used for milk collection from farms and the return to farms of milk containers or milk products intended for animal feed. Vehicles used for carrying animal waste or carcasses which are not intended for human consumption. Vehicles used exclusively on roads inside hub facilities such as ports, interports and railway terminals. Vehicles used for the carriage of live animals from farms to local markets and vice versa or from markets to local slaughterhouses within a radius of up to 50km. In urgent cases, EU member states may grant a temporary exception for a period not exceeding 30 days. -34 EMERGENCIES UNDER EU So long as road safety is not jeopardised, and in order to reach a suitable stopping place in an emergency, a driver may breach the regulation to the extent necessary to ensure the safety of persons, of the vehicle or of its load. The driver must indicate the circumstances on his tachograph chart (or on a separate sheet of paper which will be attached to the chart) or on a printout from a digital instrument at the latest when they reach the suitable stopping place. Entries written in this manner form part of the driver s legal record. A European Court ruling in 1996 made it clear that such emergencies must be unforeseen and cannot be worked into a driver s schedule. This provision does not give carte blanche to return to the depot whatever the circumstances. -35 DRIVERS HOURS RULES ENFORCEMENT AND PENALTIES It is an offence for a driver or employer to contravene the rules or for an employer (or anyone else to whose orders the driver is subject) to cause or permit them to do so. The penalty on summary conviction is a Level 4 fine. Also the employer s operator s licence and the driver s vocational licence may be put at risk. Employers must be able to show that they have established procedures for monitoring drivers tachograph charts and digital records and that remedial action is taken if the rules are broken. A High Court ruling has given clear legal backing to this principle. And it is a specific legal requirement that employers must organise drivers work so that they can comply with the rules. -36 THE BASIC TRANSPORT ACT (DOMESTIC) RULES Any driver who is exempt from the EU rules is automatically subject to the domestic hours rules derived from the Transport Act 1968 unless also exempt from them. Maximum driving 10 hours in any day Maximum duty 11 hours in any day -8 FTA national CPC notes 01/10

9 A day is defined as any period of 24 hours from commencement of work. A week is defined as the period from midnight Sunday/Monday to the same time the following week. Provided the above limits on driving and duty are not exceeded there are no specific legal requirements to take breaks, daily rests or weekly rests. When breaks or rest periods are taken they do not need to be of any specific length of time. Under these rules the permitted maximum working time is less than under the EU rules but seven day working is possible. -37 DUTY UNDER TRANSPORT ACT (DOMESTIC) Duty covers any time spent on duty by any employee in employment which includes driving a vehicle of a type covered by the rules. Driving off road counts as duty time. Duty time is not limited to driving time or to time spent working on or in connection with a vehicle or its load. It includes any other time spent acting under the employer s specific instructions. Duty time does not include: breaks for rest and refreshment if, during such breaks, the driver has no express responsibilities to discharge for his employer; or duties undertaken for an employer for whom no vehicles covered by the rules are driven. In the case of an owner-driver, the duty limit covers only time spent driving a relevant vehicle for the purpose of his trade or business or working in connection with the vehicle or its load for this purpose. The fact that a driver is being paid has no direct bearing on whether they are on or off duty this will be a question of fact. The regulations simply set out the daily limits and it is quite possible for a driver to be paid and still be off duty, in the same way as a salaried driver is paid on his days off. Private driving, not connected with a job or business, is excluded. Partial exemptions On days when no driving is undertaken there is no limit on the amount of time that can be spent on duty. Where goods vehicles of not more than 3.5 tonnes maximum permissible weight or dual purpose vehicles are used in connection with certain services such as repair, maintenance or fitting, or by certain professions eg, doctors the drivers are only bound by the driving limit. Off-road driving in the course of agriculture, forestry, building, civil engineering and quarrying operations counts as duty rather than driving. Thus a driver engaged in any of these activities who never exceeds four hours at the wheel on a public road is completely free from all the drivers hours rules. Where driving on the public road exceeds four hours and the driver is therefore subject to the rules, any time on that day spent driving on site is counted as duty rather than driving. -39 EMERGENCIES UNDER DOMESTIC The domestic rules are relaxed to cover events needing immediate action: to avoid danger to the life or health of people or animals; a serious interruption of public services (water, gas, electricity or drainage) or of telecommunications or postal services; a serious interruption in the use of roads, railways, ports or airports; or serious damage to property. In such cases the driving and duty limits are effectively suspended, but all time in excess of the normal limits must be spent in dealing with the emergency. -38 EXEMPTIONS, CONCESSIONS AND PENALTIES TRANSPORT ACT RULES Total exemptions The rules do not apply to drivers of military, police or fire service vehicles. A driver who drives for no more than four hours each day in a fixed week need not observe the drivers hours rules during that week. Exceeding four hours driving, even on just one occasion, makes the driver subject to the rules for the whole of that particular week. Drivers who always drive off the public road are exempt. -40 STATUTORY DEFENCES IN DRIVING Where the regulations are contravened by a driver or the employer it is a defence to prove: in the case of the driver or employer, that the breach was due to unavoidable delay in completing a journey because of circumstances which could not reasonably have been foreseen; or in the case of an employer or anyone else in charge of the driver, that the contravention was because the driver had also been employed by someone else, and that the first employer was not and could not reasonably have become aware of this. 01/10 FTA national CPC notes 1 4-9

10 -41 DRIVERS HOURS OFFENCES AND PENALTIES It is an offence for a driver to contravene any of the rules or for an employer (or anyone else to whose orders the driver is subject) to cause or permit them to do so. An obligation lies firmly on the employer to ensure that the drivers and managerial staff know the rules and observe them. The penalty on summary conviction is a Level 4 fine and the employer s operator s licence and the driver s vocational driving licence can be at risk. -42 DRIVING JOURNEYS UNDER BOTH RULES Where a driver drives a vehicle which is subject to the EU rules during a day or week in which they also drive a vehicle subject to the domestic rules the following points must be remembered. The time spent driving under EU rules counts as driving and duty under the domestic rules. The time spent working under EU rules counts as duty under the domestic rules. The time spent driving under the domestic rules counts as other work under the EU rules. The driver must take appropriate daily and weekly rest in any week where EU rules driving is undertaken. -10 FTA national CPC notes 01/10

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