Exemptions & National Derogations | EU Rules

There are a number of specific exemptions and national derogations from the EU rules. Exemptions apply regardless of where the vehicle is driven within the EU; whilst national derogations only apply on journeys wholly within the UK. The following information lists the exemptions and national derogations from the EU rules, which might apply to passenger-carrying vehicles.

This is a list of the exemptions from the EU rules, which might apply to passenger-carrying vehicles regardless of where they are driven within the EU see also the page on unforeseen events within this section.

Note: In some cases, it may be necessary to refer to case law for definitive interpretations.

Exemptions

Vehicles used for the carriage of passengers on regular services with a route that does not exceed 50 km.

A regular service is a service, which provides for the carriage of passengers at specified intervals along a specified route and where passengers are taken up and set down at predetermined stopping points.

Journeys involving the carriage of specified categories of passengers are also classed as regular services, provided they are operated under the same conditions. They are known as a “special regular service”. Typical examples would be the carriage of workers between home and work and the carriage of school pupils and students to and from educational establishments.

‘Specified intervals’ means the frequency of the service must be specified and be characterised by a degree of regularity. The existence of a timetable available to potential users of the service is indicative of a specified frequency.

‘Specified route’ means a precisely defined route, which has predetermined stopping points at which passengers may be taken up or set down. The passengers must be in a position to know the route to be taken and the stopping points. In addition to the start and finish points of the route there must be at least one other stopping point.

This is the length of the route along which the vehicle travels, it does not include backtracking along the same route, or distance spent going to and from the depot from the start or end of the route.

A route would be regarded as a separate route if:

the route is individually registered with the relevant traffic commissioner (this does not apply to services operated in Greater London under stewardship of Transport for London)
the route ends at a recognised terminus (i.e. a destination in its own right, an established transport interchange or a garage); and either:
the same vehicle is not subsequently used on another route, or
there is a change of driver before the vehicle is used on another route in which case the two routes may be advertised as a through service, or
the same vehicle is subsequently used on another route with the same driver provided the two routes are not advertised as a through service (they may be advertised as connecting services and passengers wishing to continue on the connecting service may do so without leaving the vehicle if they wish and through tickets may be issued)

Vehicles not capable of exceeding 40 km/ h.

Includes vehicles incapable of exceeding 40 km/ h by virtue of a set speed limiter.

Vehicles owned or hired without a driver by the Armed Services, civil defence services, fire services and forces responsible for maintaining public order, when the carriage is undertaken because of the tasks assigned to these services and is under their control.

Does not apply to commercial operators contracted by these bodies.

Vehicles undergoing road tests for technical development, repair or maintenance purposes, and new or rebuilt vehicles that have not yet been put into service.

It does not apply to vehicles going to or from testing stations for the purposes of an annual test.

Vehicles, including vehicles used in the non-commercial transport of humanitarian aid, used in emergencies or rescue operations.

The EU rules do not define an ‘emergency’ but we consider this would certainly include any of the situations that would be considered an emergency for the purposes of the GB domestic drivers’ hours legislation, namely a situation where immediate preventative action is needed to avoid:

danger to the life or health of people or animals
serious interruption of essential public services (gas, water, electricity or drainage), of electronic communications and postal services, or in the use of roads, railways, ports or airports
serious interruption in private or public transport (not including trade disputes) involving carriage of passengers for hire or reward
serious damage to property

Vehicles used in connection with emergency or rescue operations would be exempt from the EU rules for the duration of the emergency.

Non-commercial carriage means any carriage by road, other than carriage for hire or reward or on own account, for which no direct or indirect remuneration is received and which does not directly or indirectly generate any income for the driver of the vehicle or for others and which is not linked to professional or commercial activity.

Find out more about the emergency exemption.

Specialised vehicles used for medical purposes.

Commercial vehicles that have a historic status according to the legislation of the member state in which they are driven and are used for the non-commercial carriage of passengers or goods.

In GB, a vehicle is considered historic if it was manufactured more than 25 years before the occasion on which it is being driven.

National derogations

The following national derogations apply to further specific uses of vehicles but only while on journeys wholly within the UK.

In some cases, it may be necessary to refer to case law for definitive interpretations.

Vehicles with between 10 and 17 seats used exclusively for the non-commercial carriage of passengers.

The term “exclusively” is applied to the use of a vehicle only by that operator so, where a vehicle changes ownership or is hired in; any previous use by another operator will have no bearing on the application of the derogation to the operator using the vehicle. For the derogation to apply an operator can’t switch between commercial and non-commercial use, as once commercial use takes place by that operator then it ceases to be “exclusively non-commercial” use and from that point forward, regardless of further non-commercial use of the vehicle by the same operator, it can’t fall within this derogation. EU/ AETR rules will apply and it then needs to be determined whether one of the exemptions is applicable.

A vehicle operated under a permit will only be able to use this derogation if the use meets the definition of non-commercial and is used exclusively as such, as detailed above.

Where the normal use of a vehicle is for commercial purposes, this derogation will not apply to journeys by drivers who have been permitted by their employer to borrow a vehicle for the driver’s private use.

Vehicles owned or hired without a driver by public authorities that do not compete with private transport undertakings.

The derogation only applies to vehicles being used:

for the provision of ambulance services by or at the request of an NHS body, including for persons aged 18 or over who have a disability
for the transport of organs, blood, equipment, medical supplies or personnel by or at the request of an NHS body
by a local authority to provide services for old people or for mentally or physically handicapped people
by HM Coastguard or a general or local lighthouse authority
for maintaining railways by:
the British Railways Board
any holder of a network licence which is a company wholly owned by the Crown
Transport for London (or a wholly owned subsidiary)
a Passenger Transport Executive
a local authority
by the British Waterways Board or Canal & River Trust for the purpose of maintaining navigable waterways

Vehicles operated exclusively on islands not exceeding 2,300 square kilometres in area which are not linked to the rest of the national territory by a bridge, ford or tunnel open for use by a motor vehicle

Vehicles used for driving instruction and examination with a view to obtaining a driving licence or a certificate of professional competence, provided that they are not being used for the commercial carriage of goods or passengers.

Including instruction in connection with Driver Certificate of Professional Competence (CPC) renewal.

Vehicles used exclusively on roads inside hub facilities such as ports, airports, interports and railway terminals.

This applies only to those vehicles being used within the perimeter of these areas (rather than those driving to or through the areas), although we accept that these vehicles may occasionally leave the site for vehicle maintenance purposes.

Specially fitted mobile project vehicles, the primary purpose of which is use as an educational facility when stationary.

For example, play buses and mobile libraries and classrooms.

European Commission special authorisation derogations.

The following vehicles are exempt from the EU rules in GB after the European Commission granted a special authorisation for:

any vehicle which is being used by the Royal National Lifeboat Institution
any vehicle that was manufactured before 1 January 1947
any vehicle that is propelled by steam

Concession for members of a volunteer force and instructors in the Cadet Corps.

There is also a concession in place from the daily and weekly rest requirements specified in the EU drivers’ hours regulations (but not from AETR rules) for professional drivers who are also members of a volunteer reserve force (e.g. the Army Reserve) or are an instructor in the Cadet Corps.

The conditions of the concession are:

a suspension of the requirement to take a daily rest period within a period of 24 hours when the driver commenced the weekly training as a reservist or as an instructor in the cadet corps
a suspension of the requirement to take a weekly rest period at the end of the six 24 hour periods from the previous weekly rest period when the driver commences their driving as a reservist or as an instructor in the cadet corps
a regular daily rest must still be taken before they start work for their primary employer and a regular weekly rest must be taken no later than at the end of the sixth day following training
the exception is limited to a maximum of:
10 weekend training sessions
fifteen days’ annual camp training in any year;
drivers must not attend weekend training sessions on any two consecutive weekends
drivers must not attend any annual camp training that takes place over the weekend that immediately follows a weekend training session that the driver has attended
a regular daily rest period of at least 11 hours must be taken immediately following the end of each weekend training session and at the end of each period of annual camp training
a regular weekly rest period of at least 45 hours must be taken no later than the end of the sixth day following the end of the day on which a weekend training session or, as the case may be, a period of annual camp training ends
drivers must not attend a weekend training session on the weekend that immediately follows any annual camp training that the driver has attended
drivers must not attend any annual camp training that takes place over the weekend that immediately follows the end of an earlier period of annual camp training that the driver has attended

No such concessions are available for those undertaking retained fire and rescue work, volunteer police work or voluntary emergency/rescue services (e.g. RNLI, mountain rescue) so activities of that nature can only be undertaken if they do not impact on legally required daily and weekly rest periods or if the situation is deemed to be an emergency as detailed in Emergencies – see Emergencies and Unforeseen Events within this section.

If a vehicle it is exempt from the EU rules due to meeting on of the provisions listed above then the vehicle will usually be in scope of the GB domestic rules when travelling in GB see page on GB Domestic Hours within this section.

Source – DVSA

Exemptions & derogations

Bus & Coach Operations