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 New Drivers Hours' Rules

On 11 April 2007, the current Regulations governing drivers’ hours will change, and Council Regulation (EC) No 3820/85 will be replaced by Regulation (EC) No 561/2006. Although some of the rules will be the same, or broadly similar, some changes are due to be implemented .The following tables are designed to give a brief overview in lieu of more detail to be published in the near future.

 
Current Rules
New Rules from 11 April 2007
Daily Driving
9 hours. Can be extended to 10 hours twice a week.
No change.
Weekly Driving
There is currently no weekly driving limit specified in legislation.
A weekly driving time limit of 56 hours is specified in the new rules.
Fortnightly driving
Maximum 90 hours driving per fortnight.
Maximum 90 hours in any two consecutive weeks.
Breaks from driving
45 minutes break on or immediately following 4 ½ hours cumulative driving. The 45 minute breaks can be broken down into breaks of at least 15 minutes each.
After four and a half hours driving, a driver must take a break of at least 45 minutes. The break is a period during which the driver may not perform other work and is exclusively used for recuperation. This break may be split into smaller periods and distributed throughout the 41/2 hour. In this case, the first period must be at lest 15 minutes, and the second period must be at least 30 minutes.
Daily rest
11 hours in the 24 hour period commencing at the end of the last daily or weekly rest period. This may be reduced to a minimum of 9 hours no more than three times per fixed week.
Daily rest may be taken in a vehicle as long as it is fitted with a bunk and is stationary. Reductions must be compensated before the end of the following week and attached to another rest period of at least 8 hours.
11 hours in the 24 hour period commencing at the end of the last daily or weekly rest period. This may be reduced to 9 hours no more than three times between any two weekly rest periods. There is no compensation required.
Where a driver chooses to take daily rest periods away from base, they may be taken in a vehicle provided that there are suitable sleeping facilities for each driver and the vehicle is stationary
Split Daily rest
May be made up of 2 or 3 periods totaling 12 hours. Each period must be no less than 1 hour, with the last period being 8 hours.
The 12 hour rest period can be taken in two periods. The first period must be at least 3 hours, and the second at least 9 hours.
Weekly Rest
At least 45 consecutive hours which can be reduced to 36 hours at base or 24 hours away from base. This must be taken after no more then 6 successive periods of 24 hours following the last weekly rest period (provided the total driving time does not exceed the maximum corresponding to six daily driving periods).
Reductions must be taken en bloc before the end of the third week following the week of reduction, and attached to another rest period of at least 8 hours long. Compensation shall be taken at the vehicle or driver’s base at the driver’s request. A weekly rest that begins in one week and continues in the following week may be attached to either of these weeks.
Within six 24 hour periods from the end of the last weekly rest period, a driver will extend a daily rest period into either; a regular weekly rest period of at least 45 hours, or a reduced weekly rest period of less than 45 hours but at least 24 hours.
In any two consecutive weeks, a driver shall take at least two regular weekly rest periods, or one regular weekly rest period and one reduced weekly rest period of at least 24 hours. However, the reduction shall be compensated by an equivalent period of rest taken en bloc before the end of the third week following the week in question.
Multi-manning
8 hours rest in 30 hours for each driver, with the need for all crew members to be present with the vehicle at all times within that period.
Within 30 hours of the end of a daily or weekly rest period, a driver engaged in multi-manning must have taken a new daily rest period of at least 9 hours.
For the first hour of multi-manning the presence of another driver or drivers is optional, but for the remainder of the period it is compulsory.
Ferry Crossings
Where a driver accompanies a vehicle which is transported by ferry boat or train, daily rest may be interrupted once, provided part of the rest is taken on land, the interruption is no longer than 1 hour (including customs formalities), the driver has access to a bunk or couchette during both portions of rest, and the rest period is increased by 2 hours.
Where a driver accompanies a vehicle which is transported by ferry or train,
and takes a regular (not less than 11 hour) daily rest period, that period may be interrupted not more than twice by other activities not exceeding one hour in total.
During that regular daily rest period the driver shall have access to a bunk or couchette.
Non-Regular National & International carriage of Passengers - Weekly Rest concession
In the case of National and International carriage of passengers, other than on regular services, the driver may postpone weekly rest until the at most the end of the twelfth day when two consecutive weekly rest periods must be taken.
Concession will no longer apply
Carriage of Passengers on National Regular Services
The minimum break at not less than 30 minutes after a driving period not exceeding four hours. Such exceptions may be granted only in cases where breaks in driving of over 30 minutes could hamper the flow of urban traffic and where it is not possible for drivers to take a 15-minute break within four-and-a-half hours of driving prior to a 30-minute break.
Concession will no longer apply
Duty Rosters and Service Timetables
A regular service in a route over 50km in length is subject to EC Rules, but a tachograph is not required as long as;
• The employer draws up a service timetable and duty roster for crew members.
• The driver takes an extract from the duty roster and a copy of the service timetable with him.
• Where requested to do so by the driver, the employer must give him an extract of the duty roster.
This concession will no longer apply

 

 
Those vehicles which were not required to be fitted with tachographs, but will be as of 11 April 2007. will have until 31 December 2007 to ensure vehicles are fitted. A vehicle first registered before 1 May 2006 may be fitted with either an analogue or a digital tachograph. A vehicle first registered on or after 1 May 2006 must only be fitted with a digital tachograph. In the meantime, between 11 April 2007 and the date a tachograph is fitted, drivers must, in the case of passenger vehicles, keep an extract of the duty roster and service timetable, whereas the drivers of goods vehicles will need to keep manual records.

 

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