The Department for Transport (DfT) has temporarily relaxed the enforcement of retained EU drivers’ hours rules for those involved in the delivery of Operation London Bridge during the national mourning period following the death of Her Majesty Queen Elizabeth II.
Operators and drivers may utilise the relaxation from 1600hrs on Friday 9 September to 2359hrs on Thursday 22 September. It should only be used where necessary, DfT says in guidance on its website.
That document states that the relaxation of enforcement has been introduced to reflect the need “for substantial amounts of goods and numbers of personnel to be moved at short notice to support the main official ceremonial events taking place across Great Britain (for example, but not restricted to, Her Majesty’s State Funeral).”
Under the relaxation, the retained EU drivers’ hours rules may be temporarily changed as follows:
- Replacement of the normally permitted increase in daily driving limits from nine to 10 hours up to twice in a week with a permitted increase to 11 hours up to twice in a week. All other daily driving limits remain at nine hours
- Replacement of the requirement to take at least two weekly rest periods, including one regular weekly rest period of at least 45 hours, in a two-week period with an alternative pattern of weekly rest periods as laid out below, and an increase in the fortnightly driving limit from 90 hours to 99 hours.
When the latter scope for drivers’ hours to be relaxed is utilised, the alternative pattern of weekly rest periods is:
- A regular weekly rest period is not required in the two-week period provided that two reduced weekly rest periods of at least 24 hours are taken
- Following that, two regular weekly rest periods must be taken. Any reduction in weekly rest shall be compensated for in the normal way by an equivalent period of rest taken before the end of the third week following the week in question
- In addition, any rest taken as compensation for a reduced weekly rest period shall be attached to a regular weekly rest period of at least 45 hours, which can be split over two regular weekly rest periods.
The relaxation may not be used in combination with existing provision for two consecutive reduced weekly rest periods on international driving under certain circumstances. Indeed, DfT recommends that it not be used at all by drivers engaged partly in international journeys, suggesting that doing so could lead to difficulties if stopped by enforcement authorities in other countries.
Where an operator and driver have agreed to utilise the relaxation, the operator should notify DfT by completing an initial notification of relaxation form and submitting it via email. A completed follow-up notification of relaxation form must then be emailed by 29 September.
The guidance adds that failure to adhere to the notification requirement would be taken as “an indication to enforcement authorities that the relaxation had been used inappropriately.” When normally permitted limits are exceeded, the driver must note the reason why on the rear of a digital tachograph printout or an analogue chart.
Requirements of the Working Time Directive remain in force and have not altered.
