Drivers’ hours rules relaxed to keep UK running
Note: This article was accurate as of publication on 9 April, but the DfT relaxations detailed below have since been extended to the end of May, with some exceptions. Please see this article for information on the changes.
The Department for Transport (DfT) has announced temporary relaxations to drivers’ hours rules for HGV drivers across England, Scotland and Wales, “in response to unprecedented pressures on local and national supply chains”.
Initial relaxations announced in mid-March applied only to drivers involved in specific activities, including the supply of food and other essential products. But the measures were rapidly extended, so that any driver operating under EU or GB drivers’ hours rules and undertaking the carriage of goods by road, in any sector, could use the relaxations where necessary until 23:59 on 21 April.
DfT advised that relaxations could be withdrawn or extended as circumstances developed. Therefore, while the information in this article was accurate at the time of publication on 9 April, GB fleet operators should regularly refer to the Department for Transport and DVSA websites for any updates.
According to advice updated on 8 April (see the new point (f) below), the EU drivers’ hours rules can be temporarily relaxed, but “only where necessary,” as follows:
a) Replacement of the EU daily driving limit of 9 hours with one of 11 hours;
b) Reduction of the daily rest requirements from 11 to 9 hours;
c) Lifting the weekly (56 hours) and fortnightly driving limits (90 hours) to 60 and 96 hours respectively;
d) Postponement of the requirement to start a weekly rest period after six 24-hour periods, to after seven 24-hour periods; although two regular weekly rest periods or a regular and a reduced weekly rest period will still be required within a fortnight;
e) The requirements for daily breaks of 45 minutes after 4.5 hours driving replaced with a break of 45 minutes after 5.5 hours of driving.
f) Drivers using the relaxation at ‘b’, reducing their daily rest from 11 hours to 9, can still use the derogation allowing them to interrupt their daily rest, by up to one hour, to embark and disembark from a train or a ferry
However, “Drivers must not use relaxation (a) and (d) at the same time,” said DfT. “This is to ensure drivers are able to get adequate rest.”
Meanwhile, the GB drivers’ hours rules can be temporarily relaxed as follows: a) Replacement of the GB duty time limit of 11 hours with 12 hours;
b) Replacement of the GB daily driving time limit of 10 hours with 11 hours.
However; “Drivers can only take advantage of this temporary relaxation 5 days in any 7 day period, and must take a rest period of 24 hours within the same 7 day period when taking advantage of this relaxation,” the DfT advised.
The department further stated: “Drivers should not be expected to drive whilst tired – employers remain responsible for the health and safety of their employees and other road users.
“The practical implementation of the temporary relaxation should be through agreement between employers and employees and/or driver representatives.”
When driving under the EU drivers’ hours rules, the DfT says, drivers must note on the back of their tachograph charts or printouts the reasons for exceeding the normally permitted limits, as is usual in emergencies.
Likewise for GB drivers’ hours rules, drivers must note these reasons on their record sheet (or tachograph charts or printouts, if applicable).
DfT added that the relaxation of the rules: “must be used only where necessary, otherwise the normal drivers’ hours should be followed.” It encouraged operators facing high work demands or work absences to take urgent measures to secure drivers with limited or no current work, and said it would help facilitate the movement of drivers into priority areas.
“The department wishes to emphasise that, as a general rule, we expect business to plan for and manage the risks of disruption to supply chains,” it said.
In Northern Ireland, the Department for Infrastructure also temporarily relaxed the enforcement of EU and domestic drivers’ hours rules for all sectors handling the carriage of goods by road, also until 21 April. Full details of these relaxations were published by the RHA in a briefing on 24 March.
Given the developing situation, this information may also be subject to change, and Northern Ireland readers are advised to keep apprised of updates via trade groups and the Department for Infrastructure.
