Temporary Relaxation of the EU and GB Drivers’ Hours Rules – Update

07 April 2020

In response to unprecedented pressures on local and national supply chains as a result of the COVID-19 outbreak, the Department for Transport (DfT) introduced temporary and limited urgent relaxations of the enforcement of EU and GB drivers’ hours rules in England, Scotland and Wales for anyone undertaking carriage of goods by road. 

A specific review of the continuation of the relaxations past Sunday 5 April 2020 has now been conducted by the DfT and a decision has been made to continue with the relaxations – they will apply until 23:59 on Tuesday 21 April 2020 (this will be kept under review and the DfT reserves the right to withdraw the relaxations or extend the relaxations if circumstances change). 

In addition, due to stakeholder feedback, a further relaxation has been included, allowing drivers to use the ferry/train derogation whilst taking a reduced daily rest of 9 hours. 

The DfT announcement reminds operators (and customers who influence their practices) that: 

• the standard drivers’ hours rules are important safety-related rules. They are in place to improve road safety and the working conditions of drivers and reduce the risk of drivers being involved in fatigue-related accidents 
• therefore, these temporary relaxations should only be used where absolutely necessary. Operators should, wherever possible, attempt to recruit additional drivers from other sectors who are out of work or facing being furloughed 
• the temporary relaxations are designed to support the transport of vital goods, including the supply chains related to medicines, health, fuel, food and other necessities 
• the use of the relaxations to 21 April remains under review and no decision has been made about extending them beyond this date. Operators should use this period to increase resilience 
• if any drivers or operators consider that they are being asked to use the relaxation without correct justification then they can email their concerns to: supply-chain-engagement@dft.gov.uk  

Retrospective checking of the use of these relaxations will take place (including by the DVSA).  Operators whose drivers make use of the relaxations must therefore adapt their existing drivers’ hours and tachograph analysis systems to manage this additional compliance obligation.  Current tachograph analysis software will not be configured to take account of the relaxations and will instead report wholesale infringements where the relaxations are relied on.  Operators and transport managers must therefore conduct a detailed review of every infringement to establish whether in fact it is an infringement or whether one of the relaxations applies (and, if it does, has the driver complied with the relaxed rules and produced/handed in the required records).  This is a labour intensive and time–consuming process but it is vital for enforcement purposes.  For further advice or assistance (including support whereby for a fixed price we, in conjunction with Foster Tachographs and Transport Compliance, will undertake this analysis exercise for you) contact a member of the Regulatory team on 01254 828300.