Barker Gotelee

The Government has announced yet another consultation on working hours which could affect any driver engaged in goods or passenger operations in many of our region's agricultural, fishing and forestry businesses, in particular small vehicles and others exempt from the use of tachographs - this is a review of so-called Domestic Rules and ends on 13 October.

Not only do businesses need to monitor possible future changes but in fact consider whether they are already complying as in reality many rules are honoured in the breach, rather than the observance.  It may come as a surprise to the reader that such rules exist at all.

Drivers affected by the proposed changes are mainly those using vans up to 3.5.tonnes or over that weight if tachograph-exempt, those in building work, milk or refuse collection, breakdown, agricultural, horticulture fishing and forestry, local authority use etc.  Those currently exempt from the Domestic Rules (e.g. taxi drivers, those driving off-road etc) might be brought into scope of the rules depending on the consultation outcome.

Many drivers and operators may be unaware of their Domestic Rules legal obligations which are, for example, that goods drivers have a maximum daily duty limit of 11 hours and daily driving time of 10 hours.  Goods drivers have no break or rest requirements, though passenger drivers do.  Working records only need to be kept by drivers of vehicles requiring an operator’s licence (i.e. minimum 3.5 tonne weight).

The consultation poses a number of profound questions about the Domestic Rules system, not least whether more categories of vehicles/drivers should be subject to the system, whether minimum breaks or rests should become mandatory, or whether the rules should be abolished, for example.

As the matter stands there is an argument that the overall driver’s hours system is unwieldy and inconsistent - operators and drivers end up juggling and head-scratching in a sea of regulation which lacks simplicity.  To take goods vehicle operations as an example, most journeys in vehicles over 3.5.tonnes require a tachograph and if such use is needed drivers/ operators must also comply with EU working time rules for road transport.  If exempt, the Domestic Rules apply but EU working time rules do not (although UK working time rules do!).  Some drivers carry out work in both sets of rules, often on the same day or within the same week.

An example of arguable unfairness to drivers in the agricultural sector will be seen when the next sugar beet campaign starts next month.  Agricultural undertakings carrying their own produce no more than 50km are tachograph-exempt, often to their great delight - so a driver working in such a business is not subject to the rigors of tachographs though must comply with Domestic Rules; if the beet is transported by a third party haulier, however, then it must use tachographs.  There is no essential difference between the two operations - a clear example of a lack of clear, coherent, simple Driver’s Hours rules.

Tim Ridyard

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