From April 11, 2007, changes to EC regulations mean changes to drivers’ hours.

Breaks from driving will need to be taken more frequently. The aim behind this change in legislation is to simplify and clarify the existing rules governing drivers’ hours, to improve the driving times and rest periods for drivers, and to ensure the enforcement of the regulations on commercial drivers throughout the European Union.

The new regulations

Changes have been enforced in the following areas:

• a weekly limit of 56 hours

• accumulated time during two consecutive weeks shall not exceed 90 hours

• more frequent breaks - a 15-minute break followed by at least a 30 minute break must be taken before 4.5 hours driving time has been completed

• weekly rest rules - a driver can take two regular rests of 45 hours or one regular rest and one reduced rest of no less than 24 hours. Minimum daily rest will remain at nine hours, regular daily rest at 11 hours, but split rest can only be taken in two periods of three and nine hours respectively.

Enforcement

Previously enforcing officers could only take action against offences committed within their territory, or by their own nationals abroad if the offence continued into UK territory. From April, if a vehicle is stopped by a roadside inspector, they can prosecute.

The obligations attached to all operators licences are wide ranging. Broadly, they are to:

• observe the laws relating to the driving and operation of vehicles

• observe drivers’ hours and tachograph requirements and keep proper records

• ensure vehicles and trailers are not overloaded

• ensure vehicles operate within speed limits

• make sure vehicles and trailers are kept in a fit and serviceable condition

• ensure drivers report defects to vehicles and trailers and that defects are recorded in writing

• ensure that records are kept for 15 months of all defects, safety inspections, routine maintenance and repairs to vehicles

• make sure that the number of vehicles and trailers at operating centres do not exceed the maximum numbers authorised, and that unauthorised operating centres will not be used

• notify the traffic commissioner of any convictions against the company, the company directors or employees or agents, and

• notify the traffic commissioner within 28 days of any changes, for example, to proposed maintenance arrangements, or the status of the company.

Compliance

Having a driver stopped at a roadside inspection can lead to a business’s compliance with operator licence conditions being thoroughly examined, if the inspector believes there has been some breach by the driver. This could lead to a thorough investigation of a business’s records if there is a suspicion of a systematic underlying fault with procedures.

There is no way to be sure that systems are comprehensive and sufficient unless tested and audited by a third-party reliable source, but things that can easily be checked are:

• check all records, for example those on drivers’ hours, vehicle maintenance and repairs, are up to date and completed frequently

• audit systems

• regularly remind drivers of their responsibilities and document their training

• undertake random checks of drivers to ensure they are staying within their driving limits, speed limits and remain conviction-free

• keep in touch with the traffic commissioner for your area, write to them as soon as necessary and keep them up to date

• keep copies of any correspondence sent to the traffic commissioner.

Non-compliance could lead to serious problems for a business in the long-run.