There exists an emergency exemption that can permit the standard rules around drivers’ hours to be altered.
To ensure that this is managed in a compliant manner, it is vital to understand the scope of the exemption and when it is legally applicable.
What is the purpose of the exemption?
The exemption allows temporary deviation from drivers’ hours rules when required for emergency or rescue operations following severe weather disruption.
It is not a general relaxation of the rules and should be used only as a last resort.
When can the exemption be used?
Deviation from normal drivers’ hours is permitted only if necessary to avoid:
- Danger to the life or health of people or animals
- Serious interruption to public services (e.g. water, gas, electricity, drainage) or in the use of roads
- Serious interruption to private or public transport
- Serious damage to property
If none of the above applies, the exemption should not be used.
Who authorises the exemption?
As no prior authorisation is required from the Department for Transport, it is at the discretion of the operator and the driver to utilise the exemption.
Both the operator and driver remain responsible for using it lawfully and safely.
Important safety expectations
The exemption does not remove all safety considerations.
Even when using the exemption:
- Drivers must not drive while tired
- Employers remain fully responsible for driver and road safety
- DfT guidance states they would not normally expect:
-
- More than 11 hours driving in a day
- Less than 9 hours daily rest
- a 45-minute break after 4½ hours driving
The exemption does not afford permission to routinely push to the limits, but is a safety ceiling for use when strictly necessary.
Working Time Regulations
The Road Transport (Working Time) Regulations 2005 (e.g. 60-hour weekly cap) are unlikely to apply where they conflict with responding to the emergency.
It should be noted that all other Working Time Regulations still apply.
Operator notification requirement
If the exemption continues to be used, then it is vital that operators know how to manage the situation.
Operators are strongly advised to inform their lead government department, potentially via relevant trade associations, every three days.
Tachograph requirements
If drivers exceed the normally permitted limits, the reason must be recorded on the back of tachograph charts or printouts for digital tachographs.
This must be done no later than arrival at a safe and secure destination or rest area.
Clear, factual wording is essential (e.g. “Severe weather – emergency supply to avoid service interruption”) to avoid any doubt or confusion as to the legitimacy of the action taken.
Practical takeaway for operators
Use the exemption only when:
- There is a genuine, ongoing emergency
- All other contingencies are exhausted
- Driver fatigue is actively managed
- Records and notifications are completed properly
Our specialist team can support you with compliance awareness so that you do not get caught out by changes. Contact Jared Dunbar today for help.