
Tacho Time.......
Since the “B” word – the one that rhymes with “Brexit”, people have been talking about the possible sea change in good old drivers’ hours rules here in the UK. As time has progressed the likelihood of any changes happening is now less probable and certainly not any time soon.
So, despite our severance with the Euro lot, we are stuck with their rules. That’s not the problem though as we are also stuck with two other sets of rules all working together to form one confusing mess of regulations about how a drivers’ day works. These rules are:
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EU Rules
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GB Domestic Rules
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Working Time Directive
Most drivers’ in the UK are still governed by the first one, EU Rules, just as they were prior to the “B” word.
The second set of rules, GB Domestic, apply to very specific job roles and duties. That being said both sets of rules are still also governed by the Working Time Directive.
Confused – well let’s try and break this down.

GB Domestic Rules
Let’s put the big one, EU Rules, to one side for a moment and look at our lovely GB Domestic Rules.
So, the main area covered by these rules applies to truck drivers in a vehicle over 3.5 tonnes GVW (Gross Vehicle Weight) and:
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Collecting non-trade waste from clients’ premises
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Collecting milk from farms and it’s return as animal feed
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Highway maintenance tasks such as snow clearance and salt spreading
These exceptions are rigidly defined and enforced so by way of example:
“the transport of waste between a sortation facility and a recycling plant” OR “the transfer of liquid milk from a dairy to a creamery” MUST be carried out under EU Rules.
For those drivers who’s work fits the GB Domestic Rules criteria, all the time and for which they get paid – this time is called “duty time”.
RULE ALERT: Duty time under GB Domestic Rules must not exceed 11 hours on any working day when a vehicle is driven.
RULE ALERT: Driving time under GB Domestic Rules is also limited to 10 hours – this applies if driving on a public road.
There are exceptions – off road driving is counted as duty time not driving when used in connection with agricultural, quarry, forestry, building or civil engineering reasons.
Further exceptions apply for drivers of vehicles under 3.5t GVW. For example, they are exempt from daily duty limits if the driver using the vehicle is a doctor, dentist, nurse, midwife or vet. Also, if the vehicle is being used for inspection, maintenance or cleaning work or being used by a commercial driver when carrying goods for use as samples.
Also working for the AA, RAC or RSAC or for cinematography or broadcasting.
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Drivers’ can ignore UK Domestic rules in the following areas also:
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Dealing with an emergency (threat to life or major disruption)
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Using the vehicle for private purposes
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Driving on private land during duty time
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Driving a vehicle used by the Police, Fire Service or Armed Forces
RULE ALERT: Hours must be recorded by the driver either using a Tachograph or a weekly record sheet.
EU Rules
Okay the big one…..
Most truck drivers are regulated by EU Hours Rules. Limited exemptions to these rules include:
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Delivery or collection of a hire vehicle
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A vehicle driven to or collected from an annual test (MOT) or a place where a repair has been carried out
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Transferring a vehicle between depots
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Delivering or collecting a demonstrator or new vehicle
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Taking a vehicle to be scrapped

EU Rules also do not apply to:
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specialist medical vehicles such as mobile scanners
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breakdown vehicles operating within 100km radius of their base depot
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vehicles undergoing technical development or road testing
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vehicles under 7.5 tonnes carrying equipment for the driver’s use in the course of performing his/her work (a scaffolding truck or builders’ vehicle in way of example)
There are also further national exemptions for vehicles operating (journeys) entirely within the UK. These include:
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vehicles owned by, or hired without a driver
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or by public authorities that such work undertaken does not compete with private transport companies. Eligible private authorities include NHS, HM Coastguard, Rail Networks and Local Authorities.
Wait there’s more, exemptions also apply for vehicles used for:
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agriculture
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horticulture
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forestry
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fishery businesses operating on their own account within a 100km radius of the base
And just to top off the list:
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vehicles used for licence/CPC instruction and testing and NOT for the carriage of goods
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vehicles used to maintain sewerage or flood protection, utility and road maintenance
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vehicles used for domestic waste collection
…may also be exempt from EU Hours Laws. However, these exemptions apply only to the maintenance of existing facilities and not to the construction of new ones.

In Scope - What Do We Mean
A driver who drives a vehicle that is subject to EU Rules at any point in a day brings the whole day in to “scope” of the EU Rules. This means that for that day all the rules governing driving time, breaks and rests and weekly rests come in to force.
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Further driving in the same day but in a vehicle not subject to EU Rules, a small van for example, must be recorded on the driver’s tacho card as “other work” under EU Rules.
Entry facilities are available on a digital tachograph head by means of a “manual entry” but failing this, notes must be made on the back of an analogue tachograph disc or on the back of a print out from a digital tachograph head.
Duty Time
This encompasses pretty much everything you do in a working day including:
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driving
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vehicle checks
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loading and unloading
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other work (regardless of type)
This includes self employed duties and community service.

It also includes all “Periods of Availability” – see the Working Time Directive section for more information on PoA – unless the driver is able to use PoA to cover a break or rest period that complies with the EU Rules.
NOTE: Break periods and Rest periods are two different things. A break is exactly that, a break from work where the driver is free to do whatever he/she wants to do away from work. A break, breaks up the working day. A rest is a prolonged period away from work such a daily rest between working days or a weekly rest between working weeks.
What to Record CPC Training (35 Hours Periodic Training) as?
Two rules here – if you are training off your own back, arranged by yourself and NOT at the instruction of your employer and you take the training during a rest period – YOU DO NOT need to record this as “other work” – your rest period remains intact.
However, if the training was requested by your employer then this training must be recorded as “other work” and not a rest period.


Drive Time Breaks
So, you can drive for up to 4.5 hours (4 hours and 30 minutes) before needing a break or to start a rest period. This break must total 45 minutes of uninterrupted break. If by example you perform a vehicle check (other work) or move the vehicle(driving) the break will be interrupted and will not count.
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Breaks can be taken in a moving vehicle so long as the vehicle is “double manned”.
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The 45-minute break can be split. One 15-minute break and one 30-minute break totalling 45 minutes so long as the 45 minutes is taken before running out of 4.5 hours of drive time.
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So, if your break gets interrupted, so long as you have had more than 15 minutes it will count as a 15-minute break. Note though that if you stop working for 30 minutes and then are forced to work or move the vehicle – in the split break rule the 30 minutes will only count as 15 minutes. You will need to record a further 30-minute break to complete the 45 minutes.
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Once a recorded break of no less than 45 minutes has been completed (split or not) – this is referred to as “wiping the slate clean”. You are now free to drive for another 4.5 hours period (or work for a further 6 hours dependent on daily working time limits).
Chill Time – Take a Rest (Period)
Drivers must be free to do anything they like (except work or drive in another job) as part of their rest period. Remember, a rest period is the rest not at work between working days. Any form of work, for another employer for example) does not count as rest.
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A driver must take a daily rest period within each period of 24 hours after the end of the previous daily or weekly rest period.
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There are two types of daily rest period, regular daily rest and reduced daily rest:
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A regular daily rest must equal or exceed 11 continuous hours of rest
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A reduced daily rest must equal or exceed 9 continuous hours of rest but not equal or exceed 11 hours (as this would become a regular daily rest period)
You may take a reduced daily rest period (9 hours) 3 times in any working week defined as between two weekly rest periods.
Drivers can split a regular daily rest period in to two periods – the first being of no less than 3 hours of continuous uninterrupted rest and this can be taken at any point in the day. The second period must be of no less than 9 hours giving a total daily rest period of 12 hours.
Remember, you can reduce your daily rest from 11 hours to 9 no more than 3 times between weekly rest periods. No compensation is required for the reduction to 9 hours (you do not need to pay back the 2 hours on another rest period).

Daily Rest - In Cab or Out?
You may complete a daily rest in your vehicle so long as it is fitted with adequate rest facilities such as a bunk. You cannot rest in a vehicle seat or in a vehicle not fitted with a bunk bed. The vehicle must also be stationary for the duration of the rest period.
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If the vehicle does not have a bunk bed then alternative arrangements must be made for the driver.
These include:
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Hotel
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Hostel
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Guest or boarding house
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Chalet
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Static caravan
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Rental accommodation
A driver can obviously sleep at home too…
Weekly Rest-ing
A driver must take a Weekly Rest Period at the end of their working week. Guess what, there are again two types of weekly rest too. A regular weekly rest or a reduced weekly rest.
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During a weekly rest, just like a daily rest the driver must be free to dispose of their time freely.
A regular weekly rest period is a rest of no less than 45 hours – so to achieve this you will only be able to work at most for five 24-hour periods from the end of the last weekly rest period.

A reduced weekly rest is a period of rest lasting between 24 and 45 hours. Only reduced weekly rests can be taken in the vehicle on national journeys. Regular weekly rests (45 hours or more) must be taken away from the vehicle.
A reduced weekly rest can be taken ONLY within two consecutive “fixed” weeks.
So, for example this scenario is fine:
Regular >> Reduced >> Regular >> Reduced (as within any two weeks a regular and reduced rest has been taken).
This is not fine:
WK1:Regular >> WK2:Reduced >> WK3:Reduced >> WK4:Regular (despite weeks 1 and 2, and 3 and 4 having a regular rest in them, the two weeks in the middle, 2 and 3, are both reduced).
This is not permitted.

Pay Back Time - Reduced Weekly Rests
Unlike reduced daily rests – a reduced weekly rest must be paid back or “compensated”.
To compensate for any reduced weekly rest an additional and equivalent period of rest must be taken before the end of the third week following the week with the lost “reduced” rest.
This must be added to a rest period of at least 9 hours.
The Working Week
A driver’s week starts at the end of one weekly rest and ends at the start of the next weekly rest. A “fixed” week is a week starting at 00:00 on a Monday and ending at 24:00 on a Sunday however a driver’s week may not coincide with a “fixed” week.
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So, a weekly rest can end up being taken in the middle of a “fixed” week for example. Where a weekly rest lands across two weeks, it may count for one or the other but not for both weeks.

RULE ALERT: However, no more than 56 hours can be spent driving in any fixed week and there can be no more than 6 driving duties in a fixed week. No more than 90 hours can be used for driving in any two consecutive weeks.

Driving Abroad
Under EU Rules when driving abroad the weekly rest rules change slightly. Unlike in the UK two reduced weekly rests can be taken back to back provided that,
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in any four consecutive fixed weeks at least four weekly rest periods are taken of which at least two are regular weekly rest periods and,
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the driver takes two consecutive reduced weekly rests periods outside the UK and the drivers country of residence.
These reduced EU weekly rest periods can be interrupted with a ferry or train journey as long as the whole of the rest period is taken outside of the employers country of establishment and the drivers country of residence.
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What about compensating?
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When two consecutive reduced weekly rest periods are used, the compensation for both reductions must precede and be attached to the next weekly rest period – this has to be a regular weekly rest period.
Coming Home to Roost
Within each period of four consecutive weeks the vehicle operator must ensure under EU rules that the driver returns home to his/her operating centre where the driver is normally based in order to spend one regular weekly rest period at home.
This must be of at least 45 hours including any compensation for a reduced weekly rest period.
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That being said, as long as the driver has returned for the weekly rest period back to the origin of the vehicle within the

UK, the driver can choose to stay with friends or in a hotel etc. to satisfy the weekly rest period resetting the drivers ability to then return to EU driving out of the country.

Reduced Weekly Rest Periods Abroad
These can be in the vehicle. Note, that only reduced weekly rests can be in the vehicle and only then if the vehicle has suitable sleeping facilities such as a bunk bed for each driver. The vehicle must be stationary during the rest period.
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Like the UK element of these rules, should the vehicle not have satisfactory equipment other arrangements must be made for the driver(s) such as:
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Hotel
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Hostel
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Guest or boarding house
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Chalet
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Static caravan
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Rental accommodation
A driver is not permitted to take a regular weekly rest periods or any weekly rest of more than 45 hours which includes compensation for any reduced weekly rest periods in a vehicle.
Costs for sleeping accommodation in any form away from the vehicle must be paid for by the employer. Operators must maintain records and receipts’ at their premises to proof they have stayed compliant of these rules for all drivers.
Delays and Emergencies
There are certain provisions with the EU Rules for driving activities that would otherwise contravene these rules. These are for “emergencies” however, there is no definition within the rules of the word “emergency” which is useful (NOT).
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British law considers the following definitions of emergency:
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Danger to life or health of people or animals
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Serious interruption of essential public services (gas, water, electricity or drainage)
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Serious disruption of electronic communication and postal services
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Or in the use of roads, railways, ports or airports
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Serious damage to property
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Vehicles used in an “emergency” situation are exempt from EU Rules for the duration of the emergency. That being said, drivers who have interrupted a rest period to attend the emergency must commence/complete a qualifying rest period before recommencing duties.

What about Delays
Under exceptional circumstances that result in unavoidable delays during the course of a journey, the driver may deviate away from EU rules to reach a suitable safe stopping place to ensure the safety of persons, or the vehicle or its load or to reach the operational base or home in exceptional circumstances. Road safety must not be jeopardised.
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A 1995 judgment by the European Court of Justice said this provision can only apply in cases where it unexpectedly becomes impossible to comply with the rules on Drivers Hours during the course of a journey.
Planned breaches of the rules are not permitted.
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When an unforeseen event transpires it is up to the driver to decide if it is necessary to break the rules.
Examples of unforeseen events include:
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Severe weather
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Road traffic accidents
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Mechanical breakdowns
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Interruptions of ferry services
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Any event that is likely to cause danger to life or health of people or animals.
If a driver does deviate away from the rules the reasons behind it must be noted on the back of their tachograph chart or printout from a digital tachograph head. This must be done upon reaching a safe place to stop in order to recommence a legal journey – do not wait to do this upon returning to base.
In unforeseen circumstances drivers can deviate away from driving limits:
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Daily limit, max. one hour
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Weekly limit, max. two hours
However, the fortnightly maximum driving limit of 90 hours can never be broken.
Any period of extended driving must be compensated for by adding it to a block of rest by the end of the third week after the incident occurred - just like paying back a reduced weekly rest.
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Working Time Regulations
These are separate and work in addition to the EU Rules so must be followed by al those working under them. They also impact in a lesser extent those individuals following the UK Domestic Rules.
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In a nutshell these rules are:
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Drivers not to exceed an average of 48 hours of weekly working time across a defined “reference period”. This is normally a rolling 17 week period.
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Drivers are entitled to 5.6 weeks paid annual leave in order to have adequate rest (this can be reduced on a pro-rate basis for part time drivers)

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Night workers (between midnight and 4am) are entitled to medical checks and must not work for more than 10 hours in every 24 hours unless there is a workplace agreement in place.
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Breaks must be taken so no more than six consecutive hours are worked and breaks must be of at least 15 minutes.
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If the total working time exceeds 9 hours then breaks must total at least 45 minutes (this in a way replicates the “wiping the slate clean” rules for driving limits so they can be ran together.
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Employers are bound by law to keep accurate records regarding Working Time Regulations.

Know Your Driving Limits
The maximum driving time permitted before starting a rest is 9 hours but this can be extended to 10 hours twice in a fixed week. Driving time is the total time spent driving (i.e. wheels turning) between the end of one rest period and the start of another.
All times spent driving including when the vehicle is not on a public road must be included. Where there is no driving on public roads between two rest period, then the off road driving must be counted as “other work”.
The maximum weekly drive limit is 56 hours from 00:00 on Monday to 24:00 on Sunday. 90 hours is the maximum drive limit across two consecutive fixed weeks.