Emergencies
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:
Vehicles used in connection with emergency or rescue operations would be exempt from the EU rules for the duration of the emergency. However, drivers who have interrupted a rest period to attend an emergency would be required to commence/ complete a qualifying rest period before recommencing work.
Emergency doors on buses and coaches
When the emergency doors on buses and coaches (PSVs) are not functioning correctly, there is a risk that passengers may:
Both situations present clear risks to passengers – not being able to exit the vehicle in the event of an accident and falling out of the vehicle into oncoming traffic.
Check your emergency doors
In partnership with the Confederation for Passenger Transport (CPT), DVSA are asking vehicle operators to ensure their drivers are performing checks on emergency doors – so you and they know the doors are working, as they should be.
Other doors and exits, including service doors used by passengers in normal circumstances, should also be subject to driver checks to make sure they are working correctly.
Some vehicle operators choose to install additional systems, which further prevent unintentional operation of the emergency door, such as motion sensed locking systems, which activate at a predetermined speed.
Further guidance
Section 16 of the PSV inspection manual covers emergency exits and service doors.
Some items associated with emergency doors are classed as ‘major’ deficiencies at annual test.
Find out more about the use of the emergency exemption.
Unforeseen Events
In order to deal with exceptional circumstances that cause unavoidable delays during the course of a journey, a driver may deviate from:
When utilising either concession road safety must not be jeopardised.
A 1995 judgment by the Court of Justice of the European Union provides a useful guide to how this provision should be interpreted. It can apply only in cases where it unexpectedly becomes impossible to comply with the rules on drivers’ hours during the course of a journey. In other words, planned breaches of the rules are not allowed. This means that when an unforeseen event occurs, it is for the driver to decide whether it is necessary to depart from the rules. In doing so, a driver will have to take into account the need to ensure road safety in the process and any instruction that maybe given by an enforcement officer (eg when under police escort).
Some examples of such events are delays caused by severe weather, road traffic accidents, mechanical breakdowns or interruptions of ferry services, and any event that causes or is likely to cause danger to the life or health of people or animals.
Repeated and regular occurrences, however, might indicate to enforcement officers that employers have not in fact been scheduling work to enable compliance with the applicable rules.
Reaching a suitable stopping place
Provided that road safety is not jeopardised, in exceptional circumstances, it is permitted to depart from the EU or AETR driving limits, breaks and rest requirements but only to the extent necessary to ensure the safety of persons (including passengers), the vehicle or its load, in order to reach a suitable stopping place.
Drivers must note all the reasons for deviating from the rules on the back of their tachograph record sheets (if using an analogue tachograph) or on a printout or temporary sheet (if using a digital or smart tachograph), at the latest on reaching the suitable stopping place (see relevant pages within this section concerning analogue, digital and smart tachographs).
Drivers and operators are expected to reschedule any disrupted work to remain in compliance with the EU rules. Drivers must take 11 hours daily rest, or 9 hours if that concession is open to them, even when the rest period cannot be completed within the 24-hour period (or 30-hour period if multi-manned).
Operators should endeavour to adjust the driver’s schedule to ensure they do not exceed the weekly and fortnightly driving limits.
Any period of extension must be compensated by an equivalent period of rest taken in one block added to any rest period, by the end of the third week following the week in which the extension takes place.
Reaching the employer’s operational centre or driver’s home
Note: This section (on reaching employer’s operational centre or driver’s home) does not apply to AETR regulated journeys, as the AETR Agreement has not yet been aligned with Regulation (EC) 561/2006.
Provided that road safety is not jeopardised, in exceptional circumstances, it is permitted to depart from the EU daily and weekly driving time limits and the requirement to start a weekly rest period no later than 6 x 24 hour periods from the end of the previous weekly rest, in order to reach the employer’s operational centre or the driver’s home:
It is not permitted to exceed the fortnightly driving limit of 90 hours.
It is not permitted to interrupt the additional driving with other work unless it is necessary to ensure the safety of persons, the vehicle or its load.
Any period of extension must be compensated by an equivalent period of rest taken in one block added to any rest period, by the end of the third week following the week in which the extension takes place.
Limits following an unforeseen event – to reach normal base or home to take weekly rest period can be seen below.
*The period of extension must be compensated for by adding an equivalent period to any other rest period, by the end of the third week following the week in which the extension takes place.
Drivers must note all the reasons for deviating from the rules on the back of their tachograph record sheet (if using an analogue tachograph) or on a printout or temporary sheet (if using a digital or smart tachograph) at the latest at the latest on reaching the destination (see relevant pages within this section concerning analogue, digital and smart tachographs).
When this concession has been used, the employer must adjust the driver’s schedule to ensure that the driver does not exceed the 90-hour driving limit in the fortnight.
Source – DVSA
