Temporary relaxation of the enforcement of drivers' hours and working time rules

Temporary relaxation of the enforcement of drivers' hours and working time rules: Distribution of animal feed from animal feed manufacturers to farms

ROAD HAULAGE ASSOCIATION

The Department for Transport has agreed to a temporary, and limited, emergency relaxation (not suspension) of the enforcement of EU drivers' hours and working-time rules for those hauliers involved in the distribution of animal feed from animal feed manufacturers to farms.

This temporary relaxation of enforcement applies immediately and will run until 23:59 Monday 11 January 2010 and will apply only to those drivers involved in the distribution of animal feed from animal feed manufacturers to farms.

For the drivers and work in question, the enforcement of EU drivers' hours rules are 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)
 *   Postponing the weekly rest requirement until 23:59 Monday 11 January 2010, at which stage a driver has to take a minimum rest of 24 hours (with no compensatory rest required)

The requirement to take a 45 minute break after 4½ hours driving remains and will continue to be rigorously enforced.

The enforcement of working time rules have 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. This is usual practice in emergencies and is, of course, essential for enforcement purposes.

The temporary relaxation of the enforcement of the rules described above reflects the exceptional circumstances of the extreme weather conditions. The Department wishes to emphasise that, as a general rule we expect business to plan for and manage the risks of disruption to supply chains.

All enquiries regarding interpretation of these temporary arrangements should, in the first instance, be made to the Vehicle and Operator Services Agency on 0300 1239000 or via email at   enquiries@vosa.gov.uk

We will keep these temporary arrangements under review as the full implications of the extreme weather become apparent.