Review of the UK Domestic Drivers Hours Rules -

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CWU.org
22 September 2009

LTB 822/09 Review of the UK Domestic Drivers Hours Rules - DOT Consultation looking at the Protection Road Safety and Driver Safeguards
Rules - DOT Consultation looking at the Protection Road Safety and Driver SafeguardsTo view this download, please click here
No. 822/09
Ref: V4
Date: 22nd September 2009

To: All Branches

Dear Colleagues

Review of the UK Domestic Drivers Hours Rules - DOT Consultation looking at the Protection Road Safety and Driver Safeguards

Review and Consultation Document (CD) Background

The Department for Transport (DfT) has launched a national review of the UK Domestic Drivers Hours Rules which apply to most light goods and passenger vehicles driven in the UK that are not covered by the EU drivers' hours rules. Many CWU members who drive light commercial vehicles under 3.5 tonnes at work are governed by these rules. The rules have remained unchanged for nearly 40 years.

The DfT state in the Consultation Document (CD) that the Domestic Drivers Hours Rules were introduced to support road safety by ensuring that drivers of commercial vehicles were not driving too long without a break or rest and to safeguard the health and safety of drivers. These policies remain important and the review is considering the extent to which the Domestic Rules are an effective mechanism to address these policies.

The Domestic Drivers Hours Rules set daily driving and duty limits, and in some instances break and rest requirements for Vans not exceeding 3.5 tonnes in GB (not in NI). Also included are local Passenger transport, Tradesmen's vans, NHS vehicles, Refuse collection trucks, Local authority services for the elderly & disabled vehicles, Milk delivery vehicles, Utilities & road maintenance vehicles(e.g. gas/water), Breakdown vehicles, Agricultural, fishing and forestry vehicles, Charity vehicles, and some Special vehicles.

The Consultation Document (CD) sets out the rules and seeks consultees' views on these rules.. It questions the extent to which other regulatory safeguards support the protection of road safety and driver safeguards. It also includes a review of the research into what links exist between long driving/working hours and fatigue, a review of the rules in other countries to see if the UK could learn from international experience and a driver & operator survey to review the use and awareness of the rules.

Enforcement

The CD raises a number of questions regarding enforcement and looks at all existing Laws - Road Traffic and Driving Laws, Working Time Laws and also refers to the New Highway Code and its enforcement plus the CD considers the Health and Safety at Work Act 1974 and the new Corporate

Manslaughter & Corporate Homicide Act in respect of impact of road safety and drivers hours. It has been the long held and strongly argued view of the CWU, TUC and all major trade unions that to improve road and vehicle safety work related RTAs should become reportable under RIDDOR and then investigated by the HSE and the HSE Enforcement Policy should change in order that the HSE should enforce Health and Safety At Work Act Offences in connection with RTAs. This is something that the Law says HSE should do but the HSE Enforcement Policy says they won't do!

The CD points out that Fatigue is one of many risks that employers should consider and others include driver competence and vehicle suitability. The DfT Driving for Work site contains good advice on combating the effects of fatigue when driving at work. General advice on managing risks at work can be found on the Health and Safety Executive (HSE) site and specific guidance on managing Work-Related Road Safety is available in the joint DfT/HSE publication "Driving at Work".

These are key issues for CWU. We've certainly raised the issue of the Highway Code's recommended 15 minute break after every 2 hours driving and we've recently raised 'driver competence' not least during the Royal Mail dispute where several serious accidents have occurred when Royal Mail have utilised Managers and Agency Staff to drive LGVs - several of whom were not competent resulting in a number of very serious RTAs and incidents plus a number of less serious accidents and incidents.

CWU would say that the Domestic Drivers Hours rules are not generally well enforced and there' certainly a need for the Police and VOSA to tighten up.

The DfT wishes to examine whether the Domestic Drivers Hours Rules remain relevant and effective and through input and evidence identify any options for change and enforcement. The review is being carried out through a staged process of evidence gathering and policy options development. The Transport Research Laboratory (TRL) have carried out research to determine what links exist between long driving/working hours and fatigue in order to understand better what underlying factors should be considered when drawing up regulations designed to prevent fatigue.

Drivers Knowledge of DDR

AECOM carried out a independent survey across a wide section of industry and operators to review the use and awareness of the Domestic Drivers Hours Rules. Nearly two thirds of the light goods vehicle drivers surveyed had not seen any guidance explaining the Domestic Drivers Rules.

Policy Options

In determining future policy options within the review, the DfT is considering a number of key themes.
These are:
n How far are the Domestic Drivers Hours Rules known and understood by those who are required to adhere to them?
n How clear is the evidence that the Domestic Drivers Hours Rules are effective and enforceable?
n What would happen if the Domestic Drivers Hours Rules were strengthened, left un-modified or taken away?
n Is there a case for continued regulatory intervention by some means - are there sufficient alternative safeguards in place or would additional measures (including voluntary measures) be required?
n Can the UK learn from international experience in this area?
n To what extent do the varying operational conditions justify different rules for the passenger vehicle and goods vehicle sectors?

Voluntary Approaches

The DfT are interested in how far voluntary approaches may deliver the safeguards the existing Domestic Drivers Rules are intended to secure. That is a proposal that will be strongly opposed by the CWU, TUC and other Trade Unions and Road Safety Organisations like ROSPA, BRAKE, AIRSO etc.

CD Chapters

The DfT wishes to capture views and experiences that will further inform the evidence gathering phase of the review process and the initial consideration of potential policy options. This consultation document invites comments throughout the following chapters as follows:
n Chapter 3 sets out the details of the current Domestic Rules (and the NI regime where that differs). The paper asks a series of questions to help the DfT understand whether the Domestic Rules are clear to understand, practicable and easy to apply, and seen as beneficial (or not) by industry (including drivers);
n Chapter 4 asks a number of questions about other existing regulatory safeguards that may support road safety objectives in terms of tackling the risks that driver fatigue can bring. This chapter also includes information on the regulatory safeguards in place for other transport modes;
n Chapter 5 summarises the regulatory approaches taken in other countries and invites views on whether any approaches may be usefully adopted in the UK, either in addition to existing measures or as alternative approaches. Of particular interest is the approach adopted by Australia which allows greater flexibility where improved fatigue management systems are put in place;
n Chapter 6 summarises the research undertaken for the DfT into fatigue and drivers' hours and seeks views on the extent to which the findings should inform any possible changes to the Domestic Rules. This chapter also presents a summary of the results of the driver & operator survey;
n Chapter 7 outlines the next steps after this consultation paper closes.

Scotland and Wales

Drivers' hours legislation is a reserved matter in respect of Scotland and Wales. This consultation is being carried out on behalf of England and NI. The devolved administrations of Scotland and Wales are aware of the proposals and will have the opportunity to comment on the detail as part of the consultation exercise.

CD Questions

There are 36 questions in the CD. Responses can add to the questions. When responding to the questions, you should keep in mind the issues of road safety, decent working conditions and protection for drivers and effective road safety and health and safety law enforcement.

Queries and responses go to: Steve Oliver, Department for Transport, 2/14 Great Minster House, 76 Marsham Street, London. SW1P 4DR Tel: 0207 944 2756 Fax: 0207 944 9631 Email address: steve.oliver@dft.gsi.gov.uk. When responding state whether you are responding as an individual or representing the views of an organisation.

Closing Date

The consultation will run until 13 October 2009. Branches and Safety Representatives may wish to respond. The CWU Health, Safety and Environment Department is considering its response and is discussing the matter with the TUC where the National Health, Safety & Environment Officer sits on the TUC Union Health and Safety Specialists Committee and sub-groups.

Attachments:-

Copy of the CD attached. Closing date: 13 October 2009

Also attached for Branches and Reps information:
Appendix 1: Summary of the UK Domestic Drivers' Hours Rules
Appendix 2: Other EU and UK Legislation Relating to Driving and Working Time.

Yours Sincerely

Dave Joyce
CWU National Health, Safety & Environment Officer.

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Appendix 1..
Summary of the UK Domestic Drivers' Hours Rules
Application

* The Domestic Drivers Hours Rules apply to most goods and passenger vehicles driven in the UK that are not covered by the EU Rules. [Vans not exceeding 3.5 tonnes in GB (not in NI). Also included are local Passenger transport, Tradesmen's vans, NHS vehicles, Refuse collection trucks, Local authority services for the elderly & disabled vehicles, Milk delivery vehicles, Utilities & road maintenance vehicles(e.g. gas/water), Breakdown vehicles, Agricultural, fishing and forestry]. vehicles, Charity vehicles, and some Special vehicles.

Exemptions

* Exemptions from the Domestic Rules exist for certain vehicles and operations. Where the EU Rules do not cover these exemptions the vehicles in question are not covered by any drivers' hours rules.
* The most notable exemption is for all goods vehicles not exceeding 3.5 tonnes in NI (i.e. most vans) and, in GB, all passenger vehicles with 8 or less passenger seats where passengers are not been carried as separate fares (i.e. most taxis).
* Other exemptions include: Drivers of vehicles used by the armed forces, police and fire brigade; Drivers who always drive off the public road system; Private driving (i.e. not in connection with a job or in any way to earn a living).

Maximum driving time

* In any working day the maximum amount of driving permitted for goods and passenger vehicles throughout the UK is 10 hours. This also includes any time spent driving under the EU or AETR rules.

Maximum duty time

* Duty time includes all periods of work and driving, but does not include rest or breaks.
* For drivers of goods vehicles in GB, in any working day the maximum amount of duty permitted is 11 hours. A goods vehicle driver is exempt from this daily duty limit on any working day when he does not drive. A goods driver who drives for less than 4 hours on every day of the working week is exempt from the duty limits for that working week. Other than a longer maximum duty limit of 14 hours, the NI Domestic Rules are the same as in GB.
* For drivers of passenger vehicles in GB, a driver cannot work for more than 16 hours between the times of starting and finishing work (including work other than driving and off-duty periods during the working day). In NI, the duty limit for drivers of passenger vehicles is 14 hours (extendable to 15 hours and 30 minutes up to 3 times a week).

Breaks

* For drivers of goods vehicles, there are no break requirements in GB. In NI, after 5 hours of continuous driving a break of at least 30 minutes must be taken.
* For drivers of passenger vehicles in the UK, after 5 hours and 30 minutes of driving a break of at least 30 minutes must be taken in which the driver is able to obtain rest and refreshment. Alternatively, within any period of 8 hours and 30 minutes in the working day, total breaks amounting to at least 45 minutes must be taken so that the driver does not drive for more than 7 hours and 45 minutes. As the legislation stands, it is possible to take this in 45 one minute breaks. The driver must in addition have a break of at least 30 minutes to obtain rest and refreshment at the end of this period, unless it is the end of the working day.

Daily Rest

* For drivers of goods vehicles, there are no daily rest requirements in GB. In NI, in any period of 24 hours, the period for rest is 10 consecutive hours.
* For drivers of passenger vehicles, a continuous daily rest of 10 hours must be taken between two consecutive working days (note: this will not necessarily be contained within a 24 hour period). This can be reduced to 8 hours and 30 minutes up to three times a week.

Weekly/Fortnightly Rest

* For drivers of goods vehicles, there are no weekly or fortnightly rest requirements.
* For drivers of passenger vehicles in GB, in any two consecutive weeks (Monday to Sunday), there must be at least one period of 24 hours off duty. In NI, there is no such requirement.

Record Keeping Requirements

* Unlike the EU Rules, the Domestic Rules do not require the use of a tachograph to record the driver's activity.
* There is a manual record keeping requirement for in-scope goods vehicles that require an Operator Licence (i.e. most vehicles over 3.5 tonnes). Drivers are required to record their hours of work manually on a weekly record sheet (in a log book kept in their vehicle) which operators are expected to check and sign each week. Alternatively, an EU-approved and sealed tachograph may be used. When recording in this manner, and where domestic records are legally required, all the EU Rules on the fitment and use of the tachograph must be complied with.
* There is no record keeping requirements for those not requiring an Operator Licence or for drivers of passenger vehicles.

Enforcement

* The Vehicle and Operator Services Agency (VOSA) has responsibility for enforcing the Domestic Rules in GB and the Driver and Vehicle Agency (DVA) has responsibility for enforcing the NI Domestic Rules. The Police also have the power to prosecute where the Domestic Rules have been breached.


Obligations and penalties

* Operators of transport undertakings have legal responsibilities and liabilities for their own compliance with the Domestic Rules and that of the drivers under their control. Individual drivers are also responsible for ensuring they adhere to the Domestic Rules.
* If any of the requirements are contravened the driver and any other person (an employer or person to whose orders that driver was subject) who caused or permitted the contravention is liable to a fine. Breaches of the Domestic Rules can also be referred to the Traffic Commissioner in GB and to the Department of the Environment in NI who could consider whether or not the driver/operator should be considered fit to hold an appropriate licence to drive/operate.
* The law protects from conviction those drivers who can prove that, because of unforeseen difficulties, they were unavoidably delayed in finishing a journey and breached the Domestic Rules as a result. It also protects employers if any driver was involved in other driving jobs that the employer could not have known about.

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Appendix 2.
Other EU and UK Legislation Relating to Driving and Working Time.

1. EU drivers' hours rules

* The establishment of the European Community and the growth of international road traffic led to the adoption of EU Rules which are more detailed, generally more restrictive and which now take precedence over the Domestic Rules.
* The EU Rules apply to goods vehicles over 3.5 tonnes and passenger carrying vehicles with 9 or more passenger seats unless covered by a range of specific EU-wide exemptions and national derogations relating to the type of vehicle and/or its use. Drivers in scope of the EU Rules are required to use a tachograph. Drivers of vehicles that operate outside the scope of the EU Rules are, with a limited range of exceptions, covered by the Domestic Rules.
* Although there are many exceptions, in simplified terms the main limits in the EU Rules are:- 9 hours maximum daily driving;

- 56 hours maximum weekly driving;
- 90 hours maximum fortnightly driving;
- 11 hours minimum daily rest;
- 45 hours minimum weekly rest;
- 45 minute breaks for every 4 hours and 30 minutes driving.

Road Transport (Working Time) Regulations 2005 & Road Transport (Working Time) Regulations (Northern Ireland) 2005

* These Regulations implement the sector specific Working Time Directive for Mobile Workers and apply to mobile workers (i.e. drivers and crew) who work on vehicles subject to the EU Rules. The Regulations stipulate a maximum 48 hour average week (there is no opt out). The Regulations also provide minimum levels of breaks and limit night work as follows:

- 30 minutes if daily working totals 6 to 9 hours;
- 45 minutes of breaks (one of which must be of at least 15 minutes long) if working over 9 hours;
- If night work is performed, the daily working time should not exceed 10 hours in the 24-hour period. The night work limit can only be exceeded where this is permitted by a relevant agreement.

Working Time Regulations 1998 & Working Time Regulations (Northern Ireland) 1998

* Night time is defined as being between midnight and 4am for goods vehicles and 1am and 5am for passenger vehicles.
* Workers in the road transport sectors to which the Domestic Rules apply are instead subject to the (main) Working Time Regulations 1998. These Regulations provide for a maximum 48 hour average week, although there is an opt-out if a worker so chooses.
* Such workers are not subject to the break requirements in the 2005 Regulations. Instead, they are entitled to 'adequate rest' which is not defined but is understood to mean that workers should have regular rest periods which should be sufficiently long and continuous to ensure that workers do not injure themselves, fellow workers or others and that they do not damage their health, either in the short term or long term.

Corporate Manslaughter and Corporate Homicide Act 2007
This Act sets out a new offence for prosecuting organisations where gross management failures have led to a death. An organisation is guilty of corporate manslaughter (or 'corporate homicide' in Scotland) if the way in which its activities are managed or organised causes a death and this amounts to a gross breach of a relevant duty of care to the deceased. A substantial part of the failing must have occurred at senior management level.

* An organisation convicted of corporate manslaughter may be fined (there is no upper limit to what this can be) and the court can also set a remedial order requiring the organisation to address the cause of the fatal injury.
* When the necessary provisions are commenced later this year, the court will also be able to impose a publicity order requiring the organisation to publicise the fact of its conviction and certain details of the offence.

Road Traffic Act 1988 / Road Safety Act 2006 & Road Traffic (Northern Ireland) Orders 1981 and 1995 / Road Traffic (Northern Ireland) Order 2007

* These Acts enable the police and the Crown Prosecution Service to prosecute individual drivers for a range of careless or dangerous driving offences. For the most serious offences, such as causing death by dangerous driving, the penalties are substantial i.e. a maximum penalty of 14 years' imprisonment and disqualification from driving for at least two years followed by an extended retest. Courts regard driver sleepiness as an aggravating factor, rather than as a mitigating factor and driving when knowingly deprived of sleep can in itself constitute a form of dangerous driving.

Health and Safety at Work etc Act 1974 & Health and Safety at Work (Northern Ireland) Order 1978

* The Health and Safety at Work Acts in GB and NI place general duties on all employers to protect the health and safety of their employees when at work and of others who may be affected by their work activities.
* There are also similar duties on the self-employed and duties on employees to comply with health and safety policies and procedures. This includes the time spent driving at work, whether in a company/hired vehicle or the employee's own vehicle.
* The Management of Health and Safety at Work Regulations 1999 & The Management of Health and Safety at Work Regulations (NI) 2000
* These laws requires employers to assess risks to the health and safety of employees, when at work, and others who may be affected by their work activities, and to do everything that is reasonably practicable to protect people from harm.

Highway Code
The Highway Code is applicable to England, Scotland, Wales and NI. If the rules of the Code are not followed then drivers could be subject to fines, licence penalty points or disqualification from driving. The Code is primarily aimed at non-professional drivers, although Rule 91 does highlight the risk of driving whilst tired.






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