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Vehicle & Operator Services Agency

Hamilton House Foster Road Parkestotii Harwich G0124QA
Tel: 01255603792 Fax: 01255 240586 Date: 4* June 2007
From:      E F? Watson
To: MR Rose
FaxN&r       01787469577
No Pages:
Subject       New EU Regulations

Dear Mr. Rose,
Following your recent request I should like to try to explain the main changes to driver's hours legislation.

To recap, prior to 11h April all recovery vehicles were exempt from EU legislation on driver's hours and tachograph rules. As such they were controlled by domestic rules which meant that although the hours rules had to be obeyed there was no requirement to keep any records if all work was carded out of scope of Operator Licensing laws, that is to say an Operator License was not required for any of the work carried out by the vehicle, i.e. vehicles were never transported for any reason other than to be recovered.

EU regulation 561/2006 changes certain rules. Now the exemption from EU rules only apply to recovery vehicles operating within 100kms from base (62 miles). If any recovery vehicle only ever operates within 100kms of base then the Operator and driver is governed exactly the same as he was Prior to 11th  April- there is no change whatsoever. 

However the following points must be bourn in mind if the vehicle becomes liable for EU Legislation:

EU rules will apply for the complete day on which any work outside the 1QQKms radius is undertaken. Bear in mind the day commences from the time the driver comes on duty immediately after his last rest period i.e 9 or 11 consecutive hours of rest (whichever applies). Consider the following three examples:

a)  day 1                    A driver works all day under domestic rules 0800 hrs to 1700hrs. at
                                 2300hrs he is called out on another local recovery, finishing at 0200hrs 
     day 2                    He reports for work at 0900hrs arid stands 'on call” until 1100hrs. When 
                                 he is called to a long distance breakdown 65 miles away.
He cannot go - his last rest period finished 0800hrs on day 1 and he has not had 9 consecutive hours of rest since.

B)  day 1                   As above, except he Is not called out for the late duty so he finished at 17OOhrs

      day 2                   He reports at 0800hrs and works around the yard until 1400hrs. Then he goes home.
                                 At 2000hrs he gets a call out request for a destination more than l00kms away. 
                                 Which would entail  him   not getting home until 0100hrs.
                              HE cannot go - his last rest period finished at O8OOhrs so he would need to finish
                                  work by  2100hrs or 2300hrs whichever is applicable. 

C)   day 1                  As above, finishing at 1700hrs.

       day 2                 He reports at 0800hrs and  works until 1300hrs and is then sent home because there is no work,
                                 but he must remain on cail. At  20Qhrs he gets that same call out request
                                He still cannot go for the same reasons.  “On call” is driver availability not 'rest*.

Now consider a further alternative.

       Day 1                 As above, finishing at 1700 hrs .

       Day 2                 He reports at O800 hrs and works around then yard until 17OO hrs and then gets a call out for a 
                                 long   distance recovery. The driver will be back by 2300hrs so he can go on the job.
                                 However, before inserting the tachograph chart into the machine he must make a manual record of  
                                 what he has been doing since he came on duty, Ie. Use the graph on the reverse of the chart to show
                                 his day up to the present time, showing other work under the 'crossed hammers' sign, periods of stand
                                 by (availability) under the 'crossed box, sign and rest or breaks under the 'bed' sign.

                                 Obviously I have not mentioned the working time directive rules yet but these also need to have been 
                                 observed ie. a 30 minute break after no more than 6 hours of work.

                                  Another very important thing to consider is also the question of the Weekly Rest.
                                  During any week when a driver works under EU rules then he must observe the weekly rest 
                                  requirements even if he only drives 1 day that week under the rules. 
                                  Before going out on the long distance recovery therefore the driver must have completed a 45 hour 
                                  continuous rest period within the previous thirteen days.
                                 AND, have had a 24 hour rest period within the last six days. If he had 45 hours off within he last six 
                                 days then that meets both requirements.

                                 Finally, Because of this requirement it is a very good idea for the driver to always keep a record with 
                                 him of what work he has been involved in during the previous three weeks just to be able to prove that
                                 he has had the necessary weekly rests.

                                 If you have any other queries, and I am sure that I have not been able to cover everything here, then 
                                 do not hesitate to ring me.

Ernie Watson 
Traffic Examiner