The GB domestic hours rules, as contained in the Transport Act 1968 as amended, apply to most goods vehicles that are exempt from the EU rules. Separate rules apply to Northern Ireland.
Domestic rules exemptions
The following groups are exempt from the domestic drivers’ hours’ rules:
Domestic driving limits
Driving is defined as being at the controls of a vehicle for the purposes of controlling its movement, whether it is moving or stationary with the engine running, even for a short period.
Daily driving
In any working day, the maximum amount of driving permitted is 10 hours. The daily driving limit applies to driving on and off the public road. Off-road driving for the purposes of agriculture, quarrying, forestry, building work or civil engineering counts as duty rather than driving time.
Day: The day is the 24-hour period beginning with the start of duty time.
Daily duty
In any working day, the maximum amount of duty permitted is 11 hours. A driver is exempt from the daily duty limit (11 hours) on any working day when they do not drive.
A driver who does not drive for more than 4 hours on each day of the week is exempt from the daily duty limit for the whole week.
Week: Is the period from 0000 hrs on a Monday to 2400 hrs the following Sunday.
Duty: In the case of an employee driver, this means being on duty (whether driving or otherwise) for anyone who employs them as a driver. This includes all periods of work and driving, but does not include rest or breaks. Employers should also remember that they have additional obligations to ensure that drivers receive adequate rest under health and safety legislation. See Annex 2 for more details.
For owner-drivers, this means driving a vehicle connected with their business, or doing any other work connected with the vehicle and its load.
Drivers of certain vehicles are exempt from the duty but not the driving limit, namely – goods vehicles, including dual-purpose vehicles, not exceeding a maximum permitted gross weight of 3.5 tonnes, when used:
Rest and breaks
Whilst the GB domestic rules make no specific provision for rest periods or breaks, employers are required, under The Working Time Regulations 1998, to ensure that drivers have ‘adequate rest’ (which includes adequate breaks). Adequate rest is defined as being long and continuous enough to ensure that a driver does not harm themselves, fellow workers or others and that they do not damage their health in the long or short term.
Taking “adequate rest” means a driver’s personal circumstances need be considered when scheduling duty and driving periods. See the information in Annex 2 at ‘Driving under the GB domestic drivers’ hours rules (or are an occasional mobile worker)’.
2.3. Record keeping
Drivers must keep written records of their hours of work on a weekly record sheet for vehicles used for the carriage of goods that require an Operator Licence and driving exceeds 4 hours in that day.
An example of a weekly record sheet can be found below. Operators are expected to check and sign each weekly record sheet.
Suppliers of record books (also known as logbooks) containing weekly record sheets can be found on the internet.
Alternatively, an EU-approved and sealed tachograph may be used to record a driver’s activities while they are subject to domestic drivers’ hours rules. When recording in this manner, and where domestic records are legally required (see flowchart below), all rules on the fitment and use of the tachograph must be complied with see Section 4
Where a tachograph is fitted to a vehicle subject to the domestic rules but is not used to produce a legally required record, the operator and driver should nevertheless ensure that the tachograph is properly calibrated and sealed. The tachograph does not have to be recalibrated provided the seals remain intact and the vehicle remains out of scope of the EU rules.
Emergencies
The GB domestic rules are relaxed in cases where immediate preventative action is needed to avoid:
In these cases, the driving and duty limits are suspended for the duration of the emergency.
More information on use of the emergency exemption can be found at the link below
2.5. Records for vehicles carrying postal articles
Tachographs must be fitted and used on all vehicles with a permissible maximum weight in excess of 3.5 tonnes that are used to carry parcels and letters on postal services. Drivers of such vehicles may be exempt from the EU rules on drivers’ hours (see Exemptions and Derogations within this section) but, if so, must still comply with the GB domestic rules and keep a written record of their work.
2.6. Travelling abroad
The GB domestic rules apply only in GB, but drivers must observe the national rules of the countries in which they travel. The embassies of these countries will be able to assist in establishing the rules that might apply.
For example, German national rules require drivers of goods vehicles between 2.8 and 3.5 tonnes to record details of their journeys in an AETR-style logbook. This means that UK drivers have to use the logbook when they set out and while driving through the countries on journeys to or through Germany. Copies of these logbooks can be obtained from the Road Haulage Association (Tel: 01733 263434).
Mixed vehicle types
Where a driver divides their time between driving vehicles used for the carriage of goods and passengers under the GB domestic rules, then in any working day or week, if they spend most of their time driving passenger vehicles then the appropriate GB rules for passenger vehicles apply for that day or week.
Working Time Regulations
Drivers who are subject to the GB domestic rules on drivers’ hours are affected by four provisions under GB Working Time Regulations 1998 (as amended) – see below
Driving under the GB domestic drivers’ hours rules or are an occasional mobile worker
Drivers of vehicles subject to the GB domestic drivers’ hours’ rules or who are an occasional mobile worker (see text box for definition below), are affected by four provisions of the
Working Time Regulations 1998
These are:
The reference period for calculating the 48-hour average week is normally a rolling 17-week period. However, this reference period can be extended up to 52 weeks, if this is permitted under a collective or workforce agreement.
Adequate rest
Adequate rest is defined as being long and continuous enough to ensure that workers do not harm themselves, fellow workers or others and that they do not damage their health in the short or long term.
When considering the requirement for ‘adequate rest’ under the 1998 Regulations, employers need to take into account, not only the GB domestic drivers’ hours rules (which set maximum limits; which are only intended to give the industry some flexibility and should not be regarded as normal working patterns), but also the duty on employers, under health and safety at work legislation, to manage the risks of fatigue.
The Health and Safety Executive (HSE) has published guidance on this issue, as per the links below to further relevant guidance on their website:
Whilst mobile workers regulated by the 1998 Regulations can opt out of the 48-hour weekly average working limit, an employer cannot opt out of the requirement that workers get adequate rest. Therefore, employers are required to ensure that workers who have opted out of the 48-hour weekly average do not work excessively long hours and take regular breaks.
Employers might also want to take into account; as best practice, the break and rest requirements in the sector specific working time legislation, which is applicable to drivers in scope of the EU drivers’ hours rules see Driving under the EU/ AETR drivers’ hours rules in this annex.
Employers must take responsibility for determining what constitutes ‘adequate rest’ for each of their workers, which can differ dependent on a number of factors, such as: their age; health; personal circumstances; outside influences; type of work (mentally or physically strenuous) etc. to determine all the potential risks and impacts on that worker’s fatigue level. Compliance with the drivers’ hours and working time rules alone is insufficient to manage the risks of fatigue.
The 1998 Regulations do not apply to self-employed drivers (see below for definition). Please note that this definition is different to the one used under the 2005 Regulations.
DVSA enforces the working time limits and the requirement for health checks for night workers under the 1998 Regulations for drivers operating under the GB domestic drivers’ hours’ rules (and occasional mobile workers). Any questions about matters relating to rest or annual leave, call the ACAS national helpline on 0300 123 1100, for free support and advice.
Definition of self-employed under the 1998 Regulations
You are self-employed if you are running your own business and are free to work for different clients and customers.
Source – DVSA
