Aquarius issues EU drivers’ hours advice
Software provider Aquarius IT has warned that the EU Mobility Package introduced last August contains a variety of amendments and derogations concerning EU drivers’ hours that many operators are still unaware of.
With the current driver shortage forcing the use of ‘occasional’ drivers in many cases, it is imperative the industry is made aware of the new rules, says the company, especially around record-keeping.
The changes in the EU Mobility Package contained amendments to how weekly rest can be taken on international journeys, some changes to certain definitions, and a ban on drivers taking regular weekly rests in the cab, amongst other changes including to record-keeping requirements.
“In our daily conversations with operators, it would appear that many are unaware that these changes have been introduced, and although it is fair to say that some of them may be specific to those operations who are running international journeys, the Mobility Package does contain elements that are directly relevant to all operators,” said Marc Caplin, Aquarius IT’s compliance advisor.
“The main one that falls into this category is the amendment made to Article 6(5) of Drivers’ Hours 561/2006 which, through a seemingly minor tweak, has major implications for record keeping,” explained Marc.
Prior to last August, the ‘original’ version of Article 6(5), the part of the regulation relating to drivers needing to record any other duties in addition to EU driving, stated that these records needed to cover the period ‘since his last daily or weekly rest period. This record shall be entered either manually on a record sheet, a printout or by use of manual input facilities on recording equipment.’
“The new amendment contained within the Mobility Package is however, worded differently – it omits the phrase ‘since his daily or weekly rest’,” said Marc.
“This leaves things rather open-ended and, in the absence of the previous timescale, means that all drivers now have to keep records for roadside inspection for a full 28 days.”
For those drivers involved in full-time in-scope driving activities, the impact of this change will be minimal, as the vast majority of their work will already be recorded on a driver card.
However, says Marc, this seemingly minor omission has a major impact on those drivers that can be described as ‘occasional’ – for example, those drivers for whom driving is not their main function, such as relief drivers or office staff called upon to jump in a vehicle when there is a driver shortage.
Prior to last August, drivers in this category needed to carry the current week’s-worth of records with them for the purposes of drivers’ hours enforcement, with other records able to be kept via alternative methods such as a diary, timesheets etc.
This has now changed, confirms Marc; all drivers, be they full-time long-haul freight drivers through to those drivers who might drive an in-scope vehicle once a month, need to carry 28 days’ worth of records with them at the roadside.
This in itself may not sound like such a tall order, but Marc points to the following clause contained in point 4 of Article 1 of the amendment document, which states: “This record shall be entered either manually on a record sheet or printout or by use of manual input facilities on recording equipment.”
Marc explained: “What this means in reality is that a transport manager who jumps in a vehicle to cover sickness absence would need to make sure they have the appropriate records on them for the last 28 days, which can only be recorded as follows: on the reverse of a piece of tachograph printer-roll (one record per 24-hour period); on the reverse of an analogue chart (again, one a day); [or] electronically via a manual entry (this can be a tricky process).
“This leaves those people who do not drive very often, or may be called upon to do so unexpectedly, in the position where they need to be making these records every day in order to manage the situation effectively, creating an additional admin task.”
He continued: “This change has gone largely unnoticed and, in a lot of cases, the first occasion that operators are hearing of this is during a roadside check. But, even though the DVSA have so far approached this pragmatically, opting to educate drivers at the roadside or during site visits, it is expected their focus will soon be shifting to one of enforcement of these amended regulations.
“Shifting the emphasis back towards paper-based records has been viewed by many in the industry as a backward step, given the abundance of technology now available that can assist with all sorts of basic day-to-day functions and, speaking as a software provider, we often get asked the question as to why information concerning work outside of a vehicle can’t be recorded electronically.
“We have passed this question on to both the DVSA and, in turn, the Department for Transport, and as we write we are still awaiting a response; but given the events of the last 18 months and all the current driver shortage issues, we may have to wait for a while longer.”
Aquarius IT’s ClockWatcher Elite is a fully integrated software solution that manages all areas of operator compliance and driver, vehicle and asset management. ClockWatcher Elite also supports the Earned Recognition Scheme; the software’s integrated Tachograph Analysis software and Asset Maintenance portal are accredited by the DVSA.
