Driver Hire wins clarity on new driversí hours rules

Transport and logistics sector recruitment specialist Driver Hire has won clarification on vital points in the new driversí hours rules, following a meeting with senior figures at the Department for Transport (DfT) and VOSA.

The company, which has been heavily involved in the consultation process for the new Regulation (EU Regulation EC561/2006), due to come into effect on 11 April, had raised potential dangers of ambiguity in the wording of the legislation, which it feared might jeopardise its aim of establishing clear, common rules across all EU member states on driving times, rest and break periods.

Driver Hire Chief Executive Chris Chidley met with government and industry representatives to seek clear guidance on those issues. He comments:

ìThe new Regulation is all about improving working conditions and safety for all road users by ensuring that rest periods are adequate and properly monitored, something Driver Hire has long championed. There were some points however, which we felt needed further clarification to ensure our industry could fully comply with the new rules.î

On the key issue of what constitutes ìother workî outside driver hours, the DfT confirmed that this applied to both employed and self-employed drivers and would cover any paid activity, including working part-time in a bar or shop, for example. It would not apply to charity work undertaken in a driverís spare time on a truly voluntary basis, or to DIY or gardening during a rest period.

The DfT also clarified the issue of liability with respect to employment businesses. Driver Hire had been concerned that the legislation appeared to indicate that employment businesses would have responsibility for driver hours, without having the right to maintain the relevant tachograph records. Chris adds:

ìWe fully understand and actively support our obligations under the Road Transport Regulations and existing European Working Time Directives and Regulations affecting our industry, with regard to training all our staff and drivers in compliance, but tachograph records are clearly controlled by the operator.î

DfT Senior Policy Adviser Andrew Angel clarified the point by explaining that contracts with customers should include a provision for compliant time schedules. If drivers breached that provision, the employment business would not be liable.

He also emphasised however, that any employment business found to be offering back-to-back jobs to drivers where it would be impossible for the driver to take a daily or weekly rest, would not absolve itself from liability.

Chris Chidley comments: ìWe have always understood and taken seriously our responsibility not to permit or encourage drivers to work beyond permitted hours, but this clarification from the DfT will ensure that everyone is clear about their liabilities.

ìWe provide training for our drivers, franchisees and customers on all relevant legislation and the overriding need is for clearly defined rules, with no woolly words or ambiguities. This is a huge opportunity to give everyone in our industry absolute certainty on compliance and best practice and weíre delighted with the response from the DfT and VOSA.

ìSafety and compliance are always key issues at Driver Hire. We fully support the proposed new rules, because they will ensure that drivers are rested and fully alert when they are behind the wheel.î

Driver Hire has taken an active industry lead on compliance with Road Transport Regulations and driversí hours legislation, issuing guidance and staging briefing seminars across the UK for its customers, staff and drivers.