vosa.gov.uk/vosacorp/reposit … 0Hours.pdf
Can Domestic hours be mixed with EC hours?
On the surface one would come to a conclusion that it cannot be legally done if one exceeds the legal driving hours in a week/fortnight. So,for example if I had driven the maximum of 90 hours over a fortnight under EC rules,as we know the second week I would only be entitled to drive 34 hours. In this second week,would I be legally ok to drive on Domestic Regs?
Bear in mind the 90 hours applies under EC Regs,and therefore switching to Domestic is feasible,perhaps there is a loophole.
thanks
Paul
K27:
Can Domestic hours be mixed with EC hours?
Yes, they can be mixed on a daily or weekly basis.
K27:
On the surface one would come to a conclusion that it cannot be legally done
One would be wrong. 
K27:
So,for example if I had driven the maximum of 90 hours over a fortnight under EC rules,as we know the second week I would only be entitled to drive 34 hours.
Not necessarily 34 hours, it would depend on who many hours you had driven in week 2 of that fortnight. If you had only driven 45 hours you could then do 45 hours in week 3
K27:
In this second week,would I be legally ok to drive on Domestic Regs?
I presume you mean week 3, because after a fortnight it would be week 3? Yes you could drive under domestic regulations, provided the vehicle and work you were doing falls under them, you can’t just decide to operate under domestic rules one week and EU the next doing the same type of work in the same vehicle.
K27:
Bear in mind the 90 hours applies under EC Regs,and therefore switching to Domestic is feasible,perhaps there is a loophole.
Driving under EU rules counts as driving and duty limits under GB domestic rules. Driving and duty under domestic rules count as other work under the EU rules. If you do any driving in a week under EU rules you are subject to the daily rest requirements on the days you drive under EU rules and the weekly rest requirements. In a week where you only drive under domestic rules you are not subject to the EU weekly rest requirements.
The domestic rules are a bit more restrictive than the EU ones, 10 hours driving per day and 11 hours duty max - unless you drive for less than 4 hours when the duty limit doesn’t apply… A day under domestic rules is the 24-hour period beginning with the start of duty time so you have to be careful if you have done 11 hours duty not to resume work until the 24 hours has elapsed. If you do you will have more than 11 hours duty in the ‘day’.
Domestic driving limits
Driving is defined as being at the controls of a vehicle for the purposes of controlling its movement,
whether it is moving or stationary with the engine running, even for a short period of time.
Daily driving
In any working day the maximum amount of driving permitted is 10 hours. The daily driving limit applies
to driving on and off the public road. Off-road driving for the purposes of agriculture, quarrying, forestry,
building work or civil engineering counts as duty rather than driving time.
Daily duty
In any working day the maximum amount of duty permitted is 11 hours. A driver is exempt from the
daily duty limit (11 hours) on any working day when he does not drive.
A driver who does not drive for more than 4 hours on each day of the week is exempt from the daily
duty limit.
Drivers of certain vehicles are exempt from the duty but not the driving limit, namely — goods vehicles,
including dual purpose vehicles, not exceeding a maximum permitted gross weight of 3.5 tonnes,
when used:
- by doctors, dentists, nurses, midwives or vets;
- for any service of inspection, cleaning, maintenance, repair, installation or fitting;
- by commercial travellers;
Duty: In the case of an employee driver, this means being on duty (whether driving or otherwise)
for anyone who employs him as a driver. This includes all periods of work and driving, but does not
include rest or breaks. Employers should also remember that they have additional obligations to
ensure that drivers receive adequate rest under health and safety legislation.
For owner drivers, this means driving a vehicle connected with their business, or doing any other
work connected with the vehicle and its load.