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New driversā hours rules
There have been many years of difficult debate on amendments to EU driversā hours regulations. The conciliation process, between the European Parliament and the Transport Council of Ministers, resulted in a final agreement and ended on 6 December. From its Brussels office FTA has fought to offset the worst of the damaging proposals and can report success on a substantial number of issues for the road freight industry. However, while FTA convinced the Parliament that industry needed the flexibility to reduce weekly rest on consecutive weeks MEPs failed to convince the Transport Council of this.
FTA is currently undertaking a full analysis of the changes. In the meantime, the following is a breakdown of some of the main rules that will take effect in Spring 2007:
Weekly rest
The requirement for a full 45 hours weekly rest remains. However, while rest can continue to be reduced provided compensation is made, there is a new requirement to take a regular full 45 hours weekly rest in any two weeks. This effectively means a five day working week on alternate weeks.
Daily rest
The 11 hour daily rest requirement remains. This can be reduced to a minimum of 9 hours three times per week. Compensation for reductions in daily rest is no longer required.
Weekly driving
A new 56 hour driving limit is formally introduced. However, this should not impact on the freight industry as in practice driving is already limited to 56 hours per week because of the daily driving limits.
Weekly rest taken in cab
Currently, drivers may take daily rest in a stationary vehicle provided it is fitted with a bunk. This provision has been extended to allow a āreducedā weekly rest to also be taken in a vehicle fitted with a bunk.
Breaks from driving
A 45 minute break continues to be required after a maximum of four and a half hours driving. However, the pattern for spreading breaks over the driving period has changed. The three minimum 15 minute breaks have been replaced by two breaks, the first of which must be a minimum of 15 minutes with the second break being a minimum of 30 minutes.
Exemptions/derogations
A number of exemptions and derogations were under threat. However, FTA successfully argued the case to retain at least some of these essential concessions. In particular, the exemption for transport of milk has been retained and the national exemption for essential services such as gas, electricity and telecommunications and a limited postal services derogation have also been saved. DfT will be responsible for decisions on implementing national derogations.
Liability
Contractual responsibility for compliance has been extended to include consignors, freight forwarders, goods vehicle operators and their sub-contractors.
Timing
The conciliation agreement will be ratified by the Parliament and Transport Council in January and changes will take effect 12 months following publication in the EU Official Journal. This means that drivers will require training on new driversā hours rules before May 2007.