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.
Find out more about the use of the emergency exemption.
Travelling Time
Drivers are sometimes required to travel to a goods vehicle they are required to drive, or from a vehicle, they have driven.
Where a vehicle which is in scope of the EU rules is neither at the driver’s home nor at the employer’s operational centre where the driver is normally based, but is at a separate location, time spent travelling to or from that location to take charge of the vehicle, regardless of the mode of transport, cannot be counted as a rest or break, unless the driver is on a ferry or train and has access to a sleeper cabin (if interrupting a regular weekly rest period), or a sleeper cabin, bunk or couchette (if interrupting a regular daily rest period or a reduced weekly rest period).
Even if the driver is not paid or makes the decision to travel to or from home/base the travel time cannot be counted as rest or break.
For example: If a driver had to travel for 1 hour by car, on public transport or as a passenger, to pick up a vehicle from a location that was not their home or normal operating base then this time would count as other work. Similarly, if they had to travel back by car, on public transport or as a passenger, from a location that was not their normal operating base, this would count as other work.
A driver who has driven a vehicle in scope of EU rules and has completed their maximum driving time (9 or 10 hours) may be driven back to base or home (e.g. by travelling in a car or as a passenger on a coach), provided they are not required to start a daily rest period or a weekly rest period before reaching base. They should record this activity as other work or availability, depending on whether they undertake additional work, such as navigating, while a passenger.
Unforeseen events
In order to deal with exceptional circumstances that cause unavoidable delays during the course of a journey, a driver may depart from (a) the EU or AETR rules to reach a suitable stopping place to ensure the safety of persons, of the vehicle or its load or (b) the EU rules only to reach his operational base or home in exceptional circumstances. When utilising either concession road safety must not be jeopardised.
A 1995 judgment by the European Court of Justice 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 would be for the driver to decide whether it is necessary to depart from the rules. In doing so, a driver would have to take into account the need to ensure road safety in the process (eg when driving a vehicle carrying an abnormal load under the Special Types regulations) and any instruction that may be 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, 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 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, 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 sheet (if using an analogue tachograph) or on a printout or temporary sheet (if using a digital or smart tachograph). This must be at the latest upon reaching their destination – go to the section Tachographs & Records and visit pages Analogue Tachograph or Digital Tachographs for information on Manual Records.
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
| Rule | Normal limit | To take a regular or reduced weekly rest | To take a regular weekly rest |
| Daily driving limit | 9 or 10 hours | 10 or 11 hours* | 11 or 12 hours* – must be immediately preceded by a 30 minute break |
| Weekly driving limit | 56 hours | 57 hours* | 58 hours* – must be immediately proceeded by a 30 minute break |
| Period between weekly rest periods | 6x 24 hours periods | 6 x 24 hours* + 1 hour | 6 x 24 hours + 2 hours* – must be immediately proceeded by a 30 minute break |
*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). This must be at the latest upon reaching their destination – go to the section Tachographs & Records and visit pages Analogue Tachograph or Digital Tachographs for information on Manual Records.
When this concession has been used due to an emergency, 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
