The GB domestic rules, as contained in the Transport Act 1968 as amended, apply to most vehicles that are exempt from the EU rules. Separate rules apply to Northern Ireland.
Private driving is not subject to GB domestic drivers hours rules. Private driving doesnt include:
The following exemptions apply to drivers who would otherwise be subject to the GB domestic rules:
WeekWeek is the period from 0000 hrs on a Monday to 2400 hrs the following Sunday.
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 ashort period of time.
Breaks are for the driver to use exclusively for rest and refreshment so no work of any type can be undertaken during breaks.A break must be a period of at least 30 minutes. It must be a continuous period and cannot be split up.
The number of breaks required depends on the length of the drivers working day.
In a working day of less than 8 hours 30 minutes duration, a break of at least 30 minutes must be taken at the end of a period of 5 hours 30 minutes of driving, if such a break has not been taken already.
In a working day of 8 hours 30 minutes duration there is no requirement to take 30 minutes break after 5 hours 30 minutes of driving if the driver has spent a period of 45 minutes not driving and the driver does not drive for more than 7 hours and 45 minutes in the 8 hour 30 minute period. The end of the 8 hour 30 minute period must be the end of the drivers working day.
Whilst there is no requirement to also take 30 minutes break after 5 hours 30 minutes of driving in a working day of 8 hours 30 minutes duration, a break can be included within the 45 minutes of non-driving time to ensure drivers get the adequate rest required under the working time rules, to ensure drivers do not pose a risk to themselves or others. More information on adequate rest under working time rules can be found in Annex 2.
In a working day of more than 8 hours 30 minutes duration there is no requirement to take 30 minutes break after 5 hours 30 minutes of driving, provided the driver has not driven for more than 7 hours and 45 minutes within the 8 hour 30 minute period and had at least 45 minutes of non-driving time. However, the driver must take a break of at least 30 minutes at the end of the 8 hour 30 minute period before the driver can continue working. It is recommended that breaks are interspersed across the working day to comply with the requirement under the working time rules that drivers are given adequate rest.
Regardless of the length of the working day, breaks should not be taken immediately prior to the end of a shift so there should always be a period of driving or work between the last break and the end of the shift (for example, a driver should not finish their working day with a break). It is important that drivers take breaks during the working day to ensure they are adequately rested to carry out their duties.
Although the GB drivers hours rules require minimum break and rest periods, this is just a minimum. Operators need to take into account the requirement under the Working Time Regulations 1998 that drivers are provided with adequate rest.
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. This means that when operators are scheduling breaks into a drivers working day they should take into account personal circumstances and the type of driving and duties being carried out by the driver to ensure they are given adequate rest. Adequate rest is a fundamental requirement to ensure drivers remain alert and do not present a danger to other road users or their passengers.
DVSA are responsible for enforcing both the sector specific and general working time requirements. This will be undertaken during operator visits. Examiners will use operator records to establish that the rules, including adequate rest entitlements, have been adhered to.
Failure to ensure that the various regulations are followed could result in enforcement action being taken against both the driver and/or the operator. This could include a prosecution report or a report to the Traffic Commissioner.
In any working day, the maximum amount of driving is 10 hours. The daily driving limit applies to time spent at the wheel, actually driving, and includes any driving done under?EU?or?AETR?rules.
Day:? is the period between two daily rest periods, or a daily rest period and a weekly rest period.
A driver should work no more than 16 hours between the times of starting and finishing work (including work other than driving and off-duty periods during the working day).
A continuous rest of 10 hours must be taken between two consecutive working days. This can be reduced to 8.5 hours up to three times a week.
In addition to the above, employers must also consider the requirement under The Working Time Regulations 1998 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 drivers personal circumstances need be considered when scheduling duty and rest periods and this may mean that duty and rest periods that comply with the?GB?domestic are insufficient. See the information in Annex 2 at Driving under the?GB?domestic drivers hours rules (or are an occasional mobile worker).
In any two consecutive weeks (Monday to Sunday) there must be at least one period of 24 hours off duty.