Vernon1987:
So when does WTD come into it if its not mentioned above ?
its all confusing for a newb mate sorry
WTD = Working Time Directive.
EU Directives tell each Member State what must be done, but leave how it is done to each Member State (paraphrasing Article 288 of the Treaty on the Functioning of the European Union). This means every EU Member State needs to pass its own laws to implement an EU Directive. In the UK, usually powers granted by the European Communities Act 1972 are used to pass a Statutory Instrument to implement a Directive. Just to be confusing, such a Statutory Instrument is typically called “Regulations”. Alternatively, an Act of Parliament is sometimes passed to implement a Directive (the Consumer Protection Act 1987 is one example).
The Working Time Directive was implemented in the UK by Statutory Instrument - that’s the Working Time Regulations 1998 that tachograph refers to. In other words Working Time Directive = The Working Time Regulations 1998. As it says in the explanatory note of The Working Time Regulations 1998, These Regulations implement Council Directive 93/104/EC concerning certain aspects of the organization of working time ….
Another form of EU law is an EU Regulation. EU Regulations are automatically law in every Member State (again paraphrasing Article 288 TFEU) - in EU jargon, they are ‘directly applicable’.
Regulation (EC) 561/2006 is very important to drivers - it’s the EU driving time / break / rest regulations. When driving under EU regulations, the Working Time Directive (Directive 93/104/EC) does not apply. Instead, the road transport provisions of Directive 2002/15/EC apply, which, in the UK, are The Road Transport (Working Time) Regulations 2005.
In other words:
EU Directives have to be transposed into UK law, typically by a form of Statutory Instrument called Regulations, but sometimes by a Act of Parliament.
EU Regulations are automatically law in the UK.
When driving under EU Regulations, The Road Transport (Working Time) Regulations 2005 apply.
When driving other than under EU Regulations, The Working Time Regulations 1998 (aka ‘Working Time Directive’) apply.
tachograph:
What the digital tachograph defaults to when the ignition is switched of can be set at a tachograph centre, I read somewhere that it costs about £80 to have it changed but I couldn’t say whether or not that’s correct.
I believe the cost reflects the time it takes, and the paperwork. I am sure I read it here that any work done on a digital unit than it must be recalibrated and recertified.
Tachograph centre charges are now deregulated - the centre can charge whatever it feels the market will bear. Previously, the government set maximum charges.
A few changes are possible on digital tachographs without complete recalibration being required. I’m pretty sure this includes changing the mode defaults.
I’m also pretty sure that digital tachographs conforming to the latest regulations allow the mode defaults to be changed by the end user; unlike the earlier models, you don’t require a workshop card and programmer to change these settings, though I can’t remember if you need a company card inserted at the time.
We work to both the drivers tachograph regulations and the WTD at the same time, I believe even VOSA think it’s daft but that’s the way it works I’m afraid.
The tachograph regulations always take precedence over WTD regulations so if I were you I would concentrate on learning the drivers hours and tachograph regulations, as you learn them the WTD will slip into place.
A typical scenario when driving to EU regulatons would be something like this:
Start work at 06:00
06:0 to 06:15 paperwork and vehicle checks (other work)
06:15 to 09:15 (3 hours Driving)
09:15 to 11:30 unloading (other work)
11:30 to 12:00 (1/2 hour driving)
You’ve now only done 3 1/2 hours driving, you don’t need to have a driving break until you’ve done 4 1/2 hours driving but the WTD says that you should not work more than 6 hours without a 15 minute break, so you need to stop at or before 12:00 for a 15 minute break.
12:00 to 12:15 (WTD 15 minute break) this break is for the WTD but also counts as the first part of a split driving break (a 45 minute driving break can be split into 2 parts the first of which must be at-least 15 minutes long and the second part must be at-least 30 minutes long), driving breaks also count as WTD breaks and vise versa.
12:15 to 13:15 (1 hours driving) you’ve now reached 4 1/2 hours driving so you must complete the 45 minute driving break, you’ve had 15 minutes so now need another 30 minutes before continuing to drive.
It’s confusing to have 2 sets of regulations to work to when you’re trying to learn them but it will all make sense eventually, well as much sense as having 2 sets of regulations ever could make sense anyway
tachograph:
We work to both the drivers tachograph regulations and the WTD at the same time, I believe even VOSA think it’s daft but that’s the way it works I’m afraid.
The tachograph regulations always take precedence over WTD regulations so if I were you I would concentrate on learning the drivers hours and tachograph regulations, as you learn them the WTD will slip into place.
A typical scenario when driving to EU regulatons would be something like this:
Start work at 06:00
06:0 to 06:15 paperwork and vehicle checks (other work)
06:15 to 09:15 (3 hours Driving)
09:15 to 11:30 unloading (other work)
11:30 to 12:00 (1/2 hour driving)
You’ve now only done 3 1/2 hours driving, you don’t need to have a driving break until you’ve done 4 1/2 hours driving but the WTD says that you should not work more than 6 hours without a 15 minute break, so you need to stop at or before 12:00 for a 15 minute break.
12:00 to 12:15 (WTD 15 minute break) this break is for the WTD but also counts as the first part of a split driving break (a 45 minute driving break can be split into 2 parts the first of which must be at-least 15 minutes long and the second part must be at-least 30 minutes long), driving breaks also count as WTD breaks and vise versa.
12:15 to 13:15 (1 hours driving) you’ve now reached 4 1/2 hours driving so you must complete the 45 minute driving break, you’ve had 15 minutes so now need another 30 minutes before continuing to drive.
It’s confusing to have 2 sets of regulations to work to when you’re trying to learn them but it will all make sense eventually, well as much sense as having 2 sets of regulations ever could make sense anyway
Thanks mate made it all clear. i pretty much understand drivers hours and tacho reg already.
What if you are not on a tacho, I am on roadsweepers (Cat C), I can do 12 hour shifts and still not reach 4 1/2 hours as driving is only between jobs and sweeping counts as “machine operator” and at the moment we are tacho exempt?
richvanho:
What if you are not on a tacho, I am on roadsweepers (Cat C), I can do 12 hour shifts and still not reach 4 1/2 hours as driving is only between jobs and sweeping counts as “machine operator” and at the moment we are tacho exempt?
I’m not sure what the question is to be honest
If you’re driving to domestic rules and doing 12 hour shifts I assume you’re not reaching 4 hours driving during the day.
Anyway the RT(WT)R 2005 don’t apply to you unless you’re driving to EU regulations, which you’re not
