On  11^th April 2007 the implementation of the new EC Drivers’ Hours Regulation EC Reg. 561 of 2006 was complete.

Several seemingly minor provisions were included to ensure that it is possible to enforce the rules regarding weekly and daily rest at the roadside without recourse to ‘seizure’ of tachograph charts and make possible the use of fixed penalty notices.

Firstly, the requirement to carry tachograph charts for the current week and those used during the previous fifteen calendar days.

Secondly, the requirement to record all ‘other work’ for any employer, since the end of the person’s last weekly or daily rest period, on the tachograph chart.

The simplest way of achieving this is to mark the limits of ‘rest periods’ on the tachograph chart.

Example —

‘EDR 1115’ meaning ‘end of daily rest 1115’

‘SDR 1630’ meaning ‘start of daily rest 1630’

This can be done by drawing a radial line across the speed trace area of the chart and writing in a comment stating the time and event. Any ‘blank’ space between the drawn line and the start of recordings will be treated as ‘other work’. Other activities not recorded automatically should be entered manually on the reverse of the chart in the space provided.

Elsewhere the regulation requires that tachograph charts are stored in chronological order.

Enforcement authorities have also gained powers to penalise drivers, the offender, and any other person to whom the offender is answerable for failure to comply with the regulations.

The regulations additionally require that operators ensure that persons covered by the regulations are instructed as to how to comply with the regulations.

Failure to comply with any of the rules will make the operator vulnerable to enforcement action and possible sanctions against the operator’s licence.

Date : 05-09-2007