As from April 11 this year, changes to EC Regulations will 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
As from April 11 2007, changes to the regulations will mean changes in the following areas:
a weekly driving limit of 56 hours will be the maximum permitted;
accumulated driving time during two consecutive weeks shall not exceed 90 hours;
more frequent breaks in driving will be required - a 15minute break followed by at least a 30minute break must be taken before 4½ hours driving time has been completed;
weekly rest rules will mean that 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 11hours, 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. As from this April, no matter where an offence is committed, if a vehicle is stopped by a roadside inspector, they can prosecute.
With the aim behind the change in legislation being enforcement, compliance with the new legislation, and indeed all operator licensing conditions, is crucial.
The obligations attached to all operators licences are wide ranging and all encompassing. Broadly, they are to:
observe the laws relating to the driving and operation of vehicles (including ensuring compliance with any new legislation: ignorance of the law is no defence);
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 15months 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 28days of any changes, for example, to proposed maintenance arrangements, or the status of the company.
Compliance
We have all seen how frequently roadside inspections take place, and with this change to EC regulations, undoubtedly all member states will increase their numbers of roadside checks, and use their authority to prosecute wherever the offence was committed.
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 their audit and compliance 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 to make sure they are effective;
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.
The nature of legislation is that there are always new pieces being drafted, or amends made to existing legislation. However, a condition of holding an operator’s licence is to ensure compliance with all legislation - and ignorance is no defence. It is vital to be continuously aware and up to date regarding changes, such as these fundamental changes to drivers’ hours as of April 2007. Non-compliance could lead to serious problems for a business in the long-run.
Richard Smyth is a partner, and Nicola Close is a solicitor in the Corporate Crime and Investigations team of international law firm DLA Piper.
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