Help company told me i,m exempt from tacho & domestic hours

Hi All,
First Post but you have to start somewhere
I work for a company driving C and C+E tankers
As the contents of load is raw sewage the company maintain that we ( the drivers ) are exempt from any
Tacho & Domestic hours and EU Working time directive.
Most of the drivers are working 70 hrs a week
Can someone please clarify
It does say in the tacho regs that there are certain exemptions but there has to be a limit regarding hrs and rest ect
thanks in advance for your help.

If it is exempt from the EU rules due to the provisions listed in the regulations; as sewerage is then the vehicle will usually be in scope of the GB domestic rules when travelling in GB

The only exemptions are:-

Drivers of vehicles used by the Armed Forces, the police and fire brigade;
Drivers who always drive off the public road system; and
Private driving, i.e. not in connection with a job or in any way to earn a living.

You can find all the relevent regulations you need here

businesslink.gov.uk/Transpor … 0511_2.pdf

Where does it say sewage tanker work is exempt domestic regs?
online.businesslink.gov.uk/Tran … s_0511.pdf

Domestic rules exemptions
The following groups are exempt from the domestic drivers’ hours rules:
drivers of vehicles used by the Armed Forces, the police and fire brigade;
drivers who always drive off the public road system; and
private driving, i.e. not in connection with a job or in any way to earn a living.

I would say you are on domestic regs and limited in any 24 hour period to 10 hours driving and 11 hours duty (not shift) time but that can be 7 days a week

Domestic does not have compulsory daily or weekly rest periods nor compulsory breaks during a shift

Page 16 says that sewerage vehicles have an exemption from EU regulation, so as I said in the first post they should come under domestic regulations.

The only exemptions from any regulations are:-

Drivers of vehicles used by the Armed Forces, the police and fire brigade;
Drivers who always drive off the public road system; and
Private driving, i.e. not in connection with a job or in any way to earn a living.

So as sewerage dose not fit any of the above 3 criteria I would presume they are under domestic regulations

I don’t see why you would be exempt from the Domestic rules but perhaps as importantly from your point of view is that you’re probably not exempt from the Working time regulations unless you’ve opted out of them.

As far as I can see you should be on domestic rules so you will be exempt for the WTD for mobile workers, but not exempt from the general WTD, so you may have a case for reducing your hours with that if that’s what you want to do :wink:

ROG:
Domestic does not have compulsory daily or weekly rest periods nor compulsory breaks during a shift

You should really have a look at the rules instead of repeating a snippet you read here or there and interpreting it how you want it to read.
No compulsory daily rest period?
Infact….A driver must have a period of rest of at least 10 hours between each working day.

No compulsory weekly rest periods?
infact….A driver must have a period of at least 24 hours off duty every 2 weeks, ie each fortnight.
It must be contained wholly within the two-week period or must have started before the end of the second of the
two fixed weeks. Note that under domestic rules, the working week normally starts at midnight on Sunday,
although an operator can seek permission from the Traffic Commissioner to apply a different start day.

No compulsory breaks during a shift?
Infact…A driver cannot exceed a maximum continuous or accumulated driving period of 51⁄2 hours, after which a break
of at least 30 minutes must be taken.

Also note (regarding breaks) that when driving under GB domestic rules that you are affected by the provisions of the Working Time Regulations 1998. You can google that yourself and see its rest provisions.
The Transport Act 1968 and its ammendments is what you need to be googling, saves you guessing, wrongly.

Mike-C:
You should really have a look at the rules instead of repeating a snippet you read here or there and interpreting it how you want it to read.

Back at you -
Me thinks you are reading the PCV domestic regs :unamused: :wink: :laughing:

ROG:

Mike-C:
You should really have a look at the rules instead of repeating a snippet you read here or there and interpreting it how you want it to read.

Back at you -
Me thinks you are reading the PCV domestic regs :unamused: :wink: :laughing:

Yeah, there’s always that possibility. Check this and tells me if it says goods vehicles or PCV , my eyesights crap…
cics.dept.shef.ac.uk/transport/D … ations.pdf

Thats just one source.

(2)This Part of this Act applies to–
(a)passenger vehicles, that is to say–
(i)public service vehicles; and
(ii)motor vehicles (other than public service vehicles) constructed or adapted to carry more than twelve passengers;
(b)goods vehicles, that is to say–
(i)heavy locomotives, light locomotives, motor tractors and any motor vehicle so constructed that a trailer may by partial superimposition be attached to the vehicle in such a manner as to cause a substantial part of the weight of the trailer to be borne by the vehicle; and

legislation.gov.uk/ukpga/1968/73

mikelivingthedream:
Hi All,
First Post but you have to start somewhere
I work for a company driving C and C+E tankers
As the contents of load is raw sewage the company maintain that we ( the drivers ) are exempt from any
Tacho & Domestic hours and EU Working time directive.
Most of the drivers are working 70 hrs a week
Can someone please clarify
It does say in the tacho regs that there are certain exemptions but there has to be a limit regarding hrs and rest ect
thanks in advance for your help.

As others have said, i can;t see how you’d be exempt from them all. It looks like you qualify for domestic rules.

Mike-C:

ROG:

Mike-C:
You should really have a look at the rules instead of repeating a snippet you read here or there and interpreting it how you want it to read.

Back at you -
Me thinks you are reading the PCV domestic regs :unamused: :wink: :laughing:

Yeah, there’s always that possibility. Check this and tells me if it says goods vehicles or PCV , my eyesights crap…
cics.dept.shef.ac.uk/transport/D … ations.pdf

Thats just one source.

Here’s another one :wink:

Mike-C:

ROG:

Mike-C:
You should really have a look at the rules instead of repeating a snippet you read here or there and interpreting it how you want it to read.

Back at you -
Me thinks you are reading the PCV domestic regs :unamused: :wink: :laughing:

Yeah, there’s always that possibility. Check this and tells me if it says goods vehicles or PCV , my eyesights crap…
cics.dept.shef.ac.uk/transport/D … ations.pdf

Thats just one source.

The rest rules start at the minibus section in that link

Mike-C:
You should really have a look at the rules instead of repeating a snippet you read here or there and interpreting it how you want it to read.