SJD Computers-Keko Tachograph Charts and Chart Analysis Bureau

Drivers’ records amendments

The regulation brings into force the following from 1 May 2006

Digital tachograph introduction

Mandatory fitment of digital tachographs in new vehicles (registered from 1 May).

Member states must be in a position to issue driver cards

Recording drivers’ hours

The option to record other work under the packing case symbol is removed when using both analogue and digital equipment. Other work must be recorded under crossed hammers only. The packing case symbol can only be used to record periods of availability

Where a driver card is damaged, malfunctions or is lost or stolen, the driver must produce two printouts one at the start of his journey and another at the end. Both printouts must be marked with:

The driver’s name or driver card/driver licence number in order to identify himself

Any manual entries required to show periods of: other work; availability; and rest or break, and the driver’s signature

Where the driver is away from the vehicle and unable to use the tachograph, manual entries must be entered on the driver card by using the digital tachograph

Both drivers of a double-manned operation must ensure their driver cards are inserted into the correct slot

Definitions of ‘other work’ and ‘availability’ are cross referenced to those in the Road Transport Working Time Directive

Production of information, downloading and storage

When driving a vehicle fitted with an analogue or digital tachograph drivers must be able to produce:

• Their driver’s smart card (if they hold one)

• Where they have driven a vehicle fitted with an analogue tachograph, charts for the whole of the current fixed week and for the previous 15 calendar days

• Any manual records or legally required printouts kept in relation to the current fixed week and the previous 15 calendar days

• Mandatory downloading from digital tachograph vehicle units and driver cards at least at the frequency stipulated by member states (DfT will consult on this), or more often to ensure data is not lost

• Downloaded digital data must be kept for at least 12 months following its recording

• All data downloaded from both the VU and the driver card must be accessible either directly or remotely from the premises of the undertaking to an inspecting officer

• Copies of downloaded data from the drivers’ cards and the printed papers of these copies must be given to the drivers concerned who request them

• Analogue charts and legally required printouts must be kept in chronological order for at least 12 months after their use

• Copies of analogue charts and legally required printouts must be given to the drivers concerned who request them

• Record sheets, printouts and downloaded data must be produced or handed over at the request of any authorized inspecting officer

• An authorized inspecting officer may check compliance with the rules by analysis of records sheets, displayed or printed data or other supporting documentation

Records changes from 1 January 2008

When driving a vehicle fitted with an analogue or digital tachograph drivers must be able to produce:

• Their driver’s smart card (if they hold one)

• where they drove a vehicle fitted with an analogue tachograph, charts for the current day and the previous 28 calendar days

• Any manual records or legally required printouts kept in relation to the current day and the previous 28 calendar days

• Mandatory fitment of digital tachographs in vehicles, which lost exemption from the EU rules in April 2007

Drivers’ hours amendments from 11 April 2007

The existing regulation which contains the scope and detail of the drivers’ hours rules will be replaced from 11 April 2007. The new regulation introduces changes as outlined in the following tables.

Drivers’ hours’ rules goods vehicles

Current Rules

New Rules from 11 April

Daily Driving

Nine hours extendable to 10 hours twice a week

No change

Weekly Driving

A weekly limit is currently not specified in law, but in practice it is 56 hours

Weekly limit of 56 hours is specified in the new rules

Fortnightly Driving

Maximum of 90 hours driving per fortnight

Maximum of 90 hours driving during any two consecutive weeks

Breaks from Driving

Total of 45 minutes at or before the end of 4.5 hours continuous or cumulative driving. The 45-minute break may be split into breaks of at least 15 minutes each

Total of 45 minutes at or before the end of 4.5 hours continuous or cumulative driving. The 45-minute break may be split into two breaks, the first being at least 15 minutes long and the second at least 30 minutes

Daily Rest

11 hours in the 24-hour period commencing at the end of the last daily or weekly rest.
May be reduced to a minimum of nine hours no more than three times per fixed week.
Daily rest may be taken in a vehicle as long as it is fitted with a bunk and is stationary.
Reductions must be compensated before the end of the following week and attached to another rest period of at least eight hours long. Compensation shall be taken at the vehicle or driver’s base at the driver’s request

11 hours in the 24-hour period commencing at the end of the last daily or weekly rest.
May be reduced to a minimum of nine hours no more than three times between any two weekly rest periods.
This removes the potential to take six consecutive reductions during a Friday- Wednesday working week.
Where a driver chooses, reduced daily rest periods may be taken in a vehicle as long as it has suitable sleeping facilities for each driver and is stationary.
Reductions no longer require compensation

Split Daily Rest

12 hours in total in the 24-hour period.
Can be taken in two or three periods, each at least one hour long with the last part at least eight hours

Can be taken in two periods, the first period being at least three hours and the last at least nine hours

Weekly Rest

Must be taken after no more than six
successive periods of 24 hours following the last weekly rest period.
At least 45 consecutive hours, which can be reduced to 36 hours at base or 24 hours away from drivers’ and vehicle’s base
Reductions must be compensated en bloc before the end of the third week following the week of reduction and attached to another rest period of at least eight hours long.
Compensation shall be taken at the vehicle or driver’s base at the driver’s request.
A weekly rest that begins in one week and continues in the following week may be attached to each of these weeks

Must be taken after no more than six
successive periods of 24 hours following the last weekly rest period.
At least 45 hours can be reduced to 24 hours at base or away from base.
A full regular 45 hours rest required in any two weeks
Reductions must be compensated en bloc before the end of the third week following the week of reduction and attached to another rest period of at least nine hours long.
Where a driver chooses, reduced weekly rest periods may be taken in a vehicle as long as it has suitable sleeping facilities for each driver and is stationary.
This gives drivers the right to choose whether or not to take a reduced weekly rest in a vehicle.
However, employers may still decide when reductions are to he taken. And the right for drivers to choose where compensation is taken has been removed.
A weekly rest period that falls in two weeks may be counted in either week, but not in both

Exemptions

The regulation changes the existing list of vehicles automatically exempted from the rules throughout Europe.

	Current rules	New rules from 11 April 2007
Double manning daily rest concession	During each period of 30 hours when a vehicle is manned by at least two drivers, each driver shall have a rest period of not less than eight consecutive hours	The regulations state that within 30 hours o the end of a daily or weekly rest period, a driver engaged in multi-manning must take a daily rest period of at least nine hours. ‘Multi-manning’ is defined as where during each period of driving between any consecutive rest periods, there are at least two drivers in the vehicle but for the first hour the presence of another driver is optional
Ferry/train daily rest concession	Daily rest may be interrupted once provided part of the rest is taken on land, the interruption is no longer than one hour (including customs formalities), the driver has access to a bunk or couchette during both portions of rest, and the rest period is increased by two hours	A regular (at least 11 hour) daily rest may be interrupted not more than twice by other activities not exceeding one hour in total. During that regular daily rest the driver must have access to a bunk or couchette. There is no longer a requirement for part of the rest to he taken on land

Current exemption	Change from 11 April 2007
Vehicles used for the carriage of goods not exceeding 3.5 tonne	This Lc a technical change only. Although the exemption has been removed, the regulation itself only applies to the carriage of goods in vehicles over 3.5 tonne
Vehicles used for the carriage of passengers with no more than nine seats (including the driver’s seat)	This is a technical change only. Although the exemption has been removed, the regulation itself only applies to the carriage of passengers in vehicles with more than nine seats (including the driver’s seat)
Vehicles used for the carriage of passengers on regular services with a route of not more than 50 kilometres	No change
Vehicles with a maximum authorized speed not exceeding 30 kilometres per hour	Vehicles with a maximum authorized speed not exceeding 40 kilometres per hour
Vehicles used by or under the control of the armed services, civil defence, fire services and forces responsible for maintaining public order	Vehicles owned or hired without a driver by the armed services, civil defence, fire services and forces responsible for maintaining public order when the carriage is undertaken as a consequence of the tasks assigned to these services and is under their control
Vehicles used in connection with the sewerage, flood protection, water, gas and electricity services, highway maintenance and control, refuse collection and disposal, telegraph and telephone services, carriage of postal articles, radio and television broadcasting and the detection of radio or television transmitters or receivers	This exemption has been re-worded and moved to the list of derogations (see below,)
Vehicles used in emergencies or rescue operations	Vehicles, including vehicles used in the noncommercial transport of humanitarian aid, used in emergency and rescue operations
Specialised vehicles used for medical purposes	No change
Vehicles transporting circus and fun-fair equipment	This exemption has been re-worded and moved to the list of derogations (see below,)

Derogations

Derogations permit member states of the EU to exempt vehicles from the rules within their own territories.
Each country, therefore, has the choice whether or not to allow the derogation and, if they decide to allow it, also whether to add additional conditions to the concessions.

Further information will be provided as it becomes available.

The derogations contained in the EC regulation are:

• vehicles owned or hired without a driver by public authorities to undertake carriage by road which do not compete with private transport undertakings

• vehicles used or hired without a driver by agricultural, horticultural, forestry, farming or fishery undertakings for carrying goods as part of their own entrepreneurial activity within a radius of up to 100km from the base of the undertaking

• agricultural tractors and forestry tractors used for agricultural or forestry activities within a radius of up to 100km from the base of the undertaking which owns, hires or leases the vehicle

• vehicles or combinations of vehicles not over 7.5 tonne used (within a 50km radius from the base of the undertaking and where driving does not constitute the driver’s main activity):

• by universal service providers of postal services to deliver items as part of the universal service

• for carrying materials, equipment or machinery for the driver’s use in the course of his work

• vehicles operating exclusively on islands not exceeding 2,300 j2 in area which are not linked to the rest of the national territory by a bridge, ford or tunnel open for use by motor vehicles

Current exemption	Change from 11 April 2007
Specialised breakdown vehicles	Specialised breakdown vehicles operating within a 100km radius of their base
Vehicles undergoing road tests for technical development, repair or maintenance purposes, and new or rebuilt vehicles which have not yet been put into service	No change
Vehicles used for non-commercial carriage of goods and personal use	Vehicles or combinations of vehicles with a maximum permissible mass not exceeding 7.5 tonne used for the non-commercial carriage of goods
Vehicles used for milk collection from farms and the return to farms of milk containers or milk products intended for animal feed	This exemption has been moved to the list of derogations (see below)
	New exemption Commercial vehicles, which have a historic status according to the legislation of the member state in which they are being driven and which are used for the non-commercial carriage of passengers

• gas or electric vehicles not over 7.5 tonne used for the carriage of goods within a 50km radius from the base of the undertaking

• vehicles used for driving instruction and examination with a view to obtaining a driving license or certificate of professional competence, provided that they are not being used for the commercial carriage of goods or passengers

• vehicles used in connection with sewerage, flood protection, water, gas and electricity maintenance services, road maintenance and control, door-to-door household refuse collection and disposal, telegraph and telephone services, radio and television broadcasting, and the detection of radio or television transmitters or receivers

• vehicles with between 10 and 17 seats used exclusively for the non-commercial carriage of passengers

• specialised vehicles transporting circus and fun-fair equipment

• specially fitted mobile project vehicles, the primary purpose of which is use as an educational facility when stationary

• vehicles used for milk collection from farms and the return to farms of milk containers or milk products intended for animal feed

• specialised vehicles transporting money and/or valuables

• vehicles used for carrying animal waste or carcasses which are not intended for human consumption

• vehicles used exclusively on roads inside hub facilities such as ports, interports and railway terminals

• vehicles used for the carriage of live animals from farms to local markets and vice versa or from markets to local slaughterhouses within a radius of up to 50km

Other changes

• new liabilities for transport undertakings, consignors, freight forwarders and driver employment agencies

• new responsibilities for transport undertakings and drivers

• new definitions of key terms such as ‘carriage by road’ and activities, including rest, breaks, driving and other work