Extension of temporary and limited relaxation in enforcement of drivers' hours rules for drivers involved in the distribution of heating oil, gas oil and liquid petroleum gas

Extension of temporary and limited relaxation in enforcement of drivers' hours rules for drivers involved in the distribution of heating oil, gas oil and liquid petroleum gas

Further to the notifications that were made by the Department for Transport between 7 and 11 January 2010, the Department has agreed to amend and extend the temporary, and limited, emergency relaxation (not suspension) of the enforcement of EU drivers' hours and working-time rules for drivers involved in the distribution of gas/heating oil and liquid petroleum gas (LPG). It should be noted that this relaxation now applies to drivers involved in the distribution of gas oil, and is no longer restricted to drivers involved in the distribution of heating oil and LPG.

This further temporary relaxation of enforcement will take effect at 23:59 hours on Monday 18 January and will cease to have effect at 23:59 hours on Monday 25 January 2010.

For the drivers and work in question, the enforcement of EU drivers' hours rules is now temporarily relaxed as follows.

 *   Replacement of the EU daily driving limit of 9 hours with one of 10 hours

 *   Reduction of the daily rest requirements from 11 to 9 hours

 *   Lifting the weekly (56 hours) and fortnightly driving limit (90 hours)

 *   Further postponing the weekly rest requirement until 23:59 Monday 25 January 2010, at which stage a driver has to take a minimum rest of 24 hours (with no compensatory rest required)

 *   Notwithstanding the postponement of the weekly rest requirement (see preceding bullet point), a driver must take a minimum rest of 24 hours beginning no later than the end of the eleventh day after the end of his last weekly rest period

This means that at 23.59 on the 25 January 2010 anyone who has driven up to the limits of the normal EU driver's hours rules will be required to take a minimum rest of 24 hours (with no compensatory rest required). However, until 23.59 Monday 25 January 2010, a driver will be able to drive up to 11 days before being required to take a rest period of at least 24 hours.

The requirement to take a 45 minute break after 4.5 hours' driving remains and will continue to be rigorously enforced.

The enforcement of working time rules has also been relaxed for this period to allow drivers to work hours in excess of the usual 60 hour weekly maximum. This extra time should be recorded, but does not count for the purposes of determining average working time.

The practical implementation of the temporary relaxation of enforcement should be through agreement between employers and employees and/or driver representatives.

The Department also wishes to make clear that driver safety must not be jeopardised. Drivers should not be expected to drive whilst tired - employers remain responsible for the safety of their employees and other road users.

The drivers in question must note on the back of their tachograph charts or printouts the reasons why they are exceeding the normally permitted limits on each day where the rules are exceeded. This is usual practice in emergencies and is, of course, essential for enforcement purposes. It will also be taken into account in the compliance analysis of drivers' hours by FTA's Tachograph Inspection Service.

The Department will keep these temporary arrangements under review.

Members with questions regarding the relaxation should contact FTA's Member Advice Centre on 0870 60 50 000.