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Lesley Cairns
Member - 1 post
We have a fleet of drivers using vehicles from small to 10 tonne maximum. They fall under other legislation than Working Time Regs, I think it is the Transport Act. I am struggling to find details of this legislation, especially the details related to the driving hours and how this affects them if they have a second (non related) job. I need to ensure that one of our drivers is not infringing his driving hours by working part time in the evenings at a garage. He obviously needs a certain number of hours rest between driving.
Would you be able to point me in the right direction to purchase the copy of the legislation and also give me some easy english advice on the actual hours etc.
Many thanks
Lesley Cairns
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Smita Jamdar - Martineau Johnson
Online advisor - 17 posts
Dear Lesley
Thank you for your enquiry regarding driver hours for vehicles from small to 10 tonnes. The Working Time legislation only applies in four respects:-
1. A requirement to limit hours to an average of 48 per week
2. Drivers have an entitlement to 4 weeks paid leave
3. Health checks must be arranged for night workers
4. There is an entitlement to adequate rest.
If a vehicle is over 3 and a half tonnes it will also be subject to the tachograph legislation (although there are some limited exemptions). Under these regulations a driver can only drive for 4 and a half hours. After this they must have a break of 45 minutes. The maximum driving time allowed is 9 hours a day (but this can be extended to ten hours twice a week). A driver must have 11 hours rest a day (and a weekly rest period of 45 hours). Any driver with a second job must notify both yourself and his other employer of the extra hours he works and the amount of rest he has.
I suggest you ask the driver to sign a written declaration stating the amount of hours he works for the other company and the amount of daily and weekly rest he gets (as he may still be able to satisfy the regulations) and this will need to updated if the information changes.
If a driver exceeds the amount of driving time or does not get enough rest, then the driver will be committing a criminal offence. Your company would also be committing an offence for causing and/or permitting a breach of the regulations. The penalty (as well as a criminal record) is a fine of up to £2,5000 for each offence committed. Any prosecution could involve several offences and the fines would accumulate accordingly.
As the operator you are under a legal duty to ensure drivers do not exceed the prescribed driving hours and that they get enough rest. There are also offences for failing to install or use a tachograph. These offences carry a maximum penalty of a £5,000 fine and/or two years imprisonment. In addition convictions can be taken into account by Licensing Authorities when they decide whether or not to renew an operator?s licence or a HGV driver?s licence.
For vehicles not covered under the tachograph rules, a Risk Assessment should be carried out to assess risks, hazards and solutions.
The HSE and the Department of Transport have formed a designated Workplace Transport Advice Line. (0870 099 0099) which may be useful. In addition, a free leaflet produced by the Department of Transport called ?Drivers Hours and Tachograph Rules for Goods Vehicles in the UK and Europe? can be downloaded from their website. To access the leaflet log on to www.vosa.gov.uk. Click on ?Vehicle Inspectorate?. Then click on ?About VI?, ?publications? and then on ?manuals?.
Kind regards
Smita
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