Changes to the EU Drivers’ Hours & Tachograph rules for PSV and HGV operators: What you need to know
01 May 2025
There has been quite a bit of online chatter about the recent legal changes to the EU Drivers’ Hours and Tachographs rules. In some ways, this article has proved more challenging to describe the changes than the changes actually present on the ground. Anyone who has attempted to navigate the official guidance will also likely share this sentiment!
Indeed, one of the most important changes is that the EU tachograph rules will now be known in the official guidance as the “Assimilated Rules”, albeit for the purposes of this article and familiarity, we have kept to the traditional description.
What has changed?
For the legal nerds, the Driver’s Hours and Tachographs (Amendment and Modification) Regulations 2025 came into force on the 21 April 2025, implementing changes to the UK version of the EU driver’s hours rules and record keeping obligations and minor changes to the list of infringements for enforcement purposes under UK version of the EU the O-Licence regulations (1071/2009).
Why were the changes made?
Essentially this is a continuation of changes brought about because of Brexit. When the UK left the EU, we retained most of the EU regulations that were in force immediately prior to Brexit (a vast amount of legislation) and since then, the government have been working to amend and update these in order to reflect the UK domestic requirements and requirements set out in the Trade and Cooperation Agreement (TCA) – in short the Brexit deal.
In practice, what does this mean?
PSV
For UK operations there is no practical change for the position set out earlier this year. The rules are the same; drivers should have 28 days of historic records with them and the detail can be found in the official guide [https://www.gov.uk/guidance/drivers-hours-passenger-vehicles].
For international operations, PSVs were not required as part of the TCA to stay within the EU tachograph rules and therefore UK operators have, instead, to comply with the AETR. These long existing AETR rules are broadly very similar to the EU tachograph rules. However there are some differences which are as a result of the fact that the AETR agreement tends to lag behind the latest version of the EU rules by some years. It is for this reason that the requirements that relate to Smart Tachograph 2 in the EU rules are not the same under AETR provisions. Again, the official guidance sets out the differences and what is required. HGVs on the other hand maintained much closer adherence to the EU member state position post Brexit and these amendments reflect this as well.
What are the practical implications for PSV operators operating in Europe under AETR rules?
The PSV driver does not have to have the additional 56 days records with him in the EU – rather the 28 past days (in addition to the current driving day) they require in the UK will suffice. And some of the rules including relaxations to help drivers return home or to the operational centre of the employer are not implemented in the AETR yet so the older rules must be complied with. Furthermore, weekly rest periods cannot be interrupted on a ferry or train under AETR but they can under the Assimilated Rules / EU rules. So a PSV driver on an international journey which must comply with AETR cannot interrupt their weekly rest.
There has to be a sense of realism here. Enforcement agencies across the EU may well expect, on the ground, coach drivers to comply with the 56-day record keeping requirement and the other requirements of the 20:20 mobility package which has not all been transferred in to the AETR rules. You may prefer to simply train your drivers to carry 56-day records that a European official will be expecting to see in order to avoid arguments at the roadside (between driver and official regarding various European treaties!).
It is also worth noting that some of the relaxations to enable vehicles to get home towards the end of their driving period contained within the mobility package are not available on international journeys under the AETR journeys. This will become important, for example when returning to the UK, for some drivers who have been operating in the EU under AETR rules.
Over time, it is highly likely that those responsible for managing the AETR rules will further harmonise them with the latest set of EU rules, including requirements as to Smart Tachograph 2.
HGV
For operators who operate exclusively within the UK, there is no significant change to the position prior to the amendments. Guidance on the current rules is contained here [https://www.gov.uk/guidance/drivers-hours-goods-vehicles]
For UK / EU international operators, the latest changes essentially harmonise the requirements for operators that are operating in the UK and the EU, with EU requirements. Particularly, the requirement for drivers to have 56 days of historical record (as opposed to 28 days) when they are driving on international work. This will also be required where drivers are on the UK leg of that work. The 56-day requirement will also be required regardless of the EU-nationality of the vehicle or operator.
Full guidance on the impact of the changes is set out well within the official guidance and we urge you to look at this [https://www.gov.uk/guidance/drivers-hours-goods-vehicles]
Final remarks
To conclude, for UK only operators there is very little change. The UK operations only approach to the 28-day record keeping requirement continues to include the more relaxed record keeping approach for drivers who do not undertake any EU driver’s hours driving in a fixed week (Monday to Sunday), and the new guidance for both PSV and HGV operators reflects this.
For international work, there is significant divergence for what is required for PSV operators for UK into EU HGV operators, where compliance with the EU version of the drivers’ hours rules is in effect required. Particularly the requirement for the drivers to carry 56 days historic record rather than the UK 28 days.
Referred to within this article are the two official guides for both sectors and it is strongly recommended that operators who are operating internationally – whether HGV or PSV – read the relevant parts of those guides and familiarise themselves with the expectation under the new regime. Although the changes are not huge, the 56-day record keeping requirement for HGV drivers is potentially a real trap.
As set out above for PSV operators, some pragmatism may be required in this regard.
Need expert advice?
For expert legal guidance or if you have any queries contained within this article, contact Backhouse Jones: 01254 828300 or regulatory@backhouses.co.uk The team specialises in transport law and can provide the support needed to navigate these complex issues effectively.
