Brief summary of the new Health Protection (Coronavirus Restrictions) Regulations in England, Wales, Scotland and Northern Ireland

Introduction

As a result of the Coronavirus, emergency legislation is being introduced. We’ve provided a summary of the key provisions of the recently introduced the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020/350) which affect truck drivers. Any Regulations that are referenced relate to this legislation. Please note that the content is correct at the time of writing but is subject to change. You are advised to contact Dyne Solicitors for up to date advice.

Also note the equivalent provisions for Northern Ireland, Scotland, and Wales are outlined in the Annex to this article. Where the law differs in one country this is indicated by sub-headings within the relevant section.

Can a truck driver still work?

England, Northern Ireland, and Wales

The general rule is that during the emergency period no person may leave the place that they live in, without reasonable excuse (see Regulation 6(1)).
A reasonable excuse includes the need to travel for work, where it is not reasonably possible for that person to work from where they live (see Regulation 6(2)(f).

This, therefore, covers those who drive a truck for a living because it is not reasonably possible to carry out this role from home. Note also that haulage companies are not on the list of businesses within Part 2 of Schedule 2 which are required to close (see Regulation 4(4).

Scotland

*Note reference to Regulations in this sub-section refers to Health Protection (Coronavirus) (Restrictions) (Scotland) Regulations 2020/103 (Scottish SI).
The position in Scotland is slightly different. During the emergency period, no person may leave the place that they live, unless they have one of the defences in Regulation 8(4) (also see Regulation 5(1)).

It is a defence if, in the circumstances, the person had a reasonable excuse (see Regulation 8(4)). A reasonable excuse includes the need to travel for work where it is not reasonably possible for that person to work from where they live (see Regulation 8(5)(f).

What precautions should a truck driver take when at work?

Although a truck driver can still work, it is important to bear in mind that it is advised to take all the necessary precautions, not only for public health reasons but also as the police have wide powers which they can use to ensure the public are complying with the law.

Even if a driver is not strictly breaking the law, simply behaving in a way which is not in compliance with government guidance can attract unwanted attention from law enforcement.

A driver should also bear in mind the need to ensure there are no gatherings in a public place of more than 2 people, unless essential for work purposes (See Regulation 7(b)). It is expected that a truck driver will rarely find this problematic, but it needs to be considered.

By complying with the above provision, general government guidance and medical advice around social distancing, this should ensure a driver does not attract unwanted attention.

Police Powers

England, Scotland, and Northern Ireland

The police can take such action as is necessary to enforce any requirement for the closure of a business or on gatherings (see Regulation 8(1)).

Additionally, if the police consider someone has left the place they live without reasonable excuse, the police may either direct the person to return to where they live or remove them to the place where they live (see Regulation 8(3)).

Going to work as a truck driver will not breach any of the above-stated regulations unless gatherings are taking place of course (although unlikely).

However, it is worth highlighting that misunderstandings can arise, and a truck driver may find the police taking action against them for being at work. If this occurs, a truck driver or their employer should seek advice at the earliest opportunity from a transport law specialist.

Wales

Most of the above provisions apply to Wales with the exception that the police do not have the power to take such action as is necessary. Having said that, they still have wide powers that the police in the other jurisdictions have at their disposal, including issuing fines, prohibition notices, and entering premises to ensure the Regulations are being complied with. (See Regulation 10, 11(1), and 12(4) Health Protection (Coronavirus Restrictions) (Wales) Regulations 2020/353).

Annexe

England

Regulation 6(1), 6(2)(f), Health Protection (Coronavirus, Restrictions) (England) Regulations 2020/350):
“6.— Restrictions on movement

  1. During the emergency period, no person may leave the place where they are living without a reasonable excuse.”

“(2) For the purposes of paragraph (1), a reasonable excuse includes the need…(f) to travel for the purposes of work or to provide voluntary or charitable services, where it is not reasonably possible for that person to work, or to provide those services, from the place where they are living”
Part 2, Schedule 2, Health Protection (Coronavirus, Restrictions) (England) Regulations 2020/350)

Regulation 4(4), Health Protection (Coronavirus, Restrictions) (England) Regulations 2020/350):
4.— Requirement to close premises and businesses during the emergency
(4) A person responsible for carrying on a business or providing a service which is listed in Part 2 of Schedule 2 must cease to carry on that business or to provide that service during the emergency period.”

Regulation 7(b), Health Protection (Coronavirus, Restrictions) (England) Regulations 2020/350):
7. Restrictions on gatherings
During the emergency period, no person may participate in a gathering in a public place of more than two people except–
(b) where the gathering is essential for work purposes,”

Regulation 8(1), 8(3), Health Protection (Coronavirus, Restrictions) (England) Regulations 2020/350):
8.— Enforcement of requirement

  1. A relevant person may take such action as is necessary to enforce any requirement imposed by regulation 4, 5 or 7.

(3) Where a relevant person considers that a person is outside the place where they are living in contravention of regulation

  1. , the relevant person may–

(a) direct that person to return to the place where they are living, or
(b) remove that person to the place where they are living.”

Scotland

Regulation 5(1), Health Protection (Coronavirus) (Restrictions) (Scotland) Regulations 2020/103 (Scottish SI):
5.— Restrictions on movement

  1. Except to the extent that a defence would be available under regulation 8(4), during the emergency period, no person may leave the place where they are living.”

Regulation 8(4), 8(5)(f), Health Protection (Coronavirus) (Restrictions) (Scotland) Regulations 2020/103 (Scottish SI):
“8.— Offences and penalties
(4) It is a defence to a charge of committing an offence under paragraph (1), (2) or (3) to show that the person, in the circumstances, had a reasonable excuse.
(5) In paragraph (4), a reasonable excuse includes the need–
(f) to travel for the purposes of work or to provide voluntary or charitable services, where it is not reasonably possible for that person to work, or to provide those services, from the place where they are living,”

Part 3, Schedule 1, Health Protection (Coronavirus) (Restrictions) (Scotland) Regulations 2020/103 (Scottish SI).

Regulation 6(b), Health Protection (Coronavirus) (Restrictions) (Scotland) Regulations 2020/103 (Scottish SI):
6. Restrictions on gatherings
During the emergency period, no person may participate in a gathering in a public place of more than two people except–
(b) where the gathering is essential for work purposes,”

Regulation 7(1), 7(3), Health Protection (Coronavirus) (Restrictions) (Scotland) Regulations 2020/103 (Scottish SI):
7.— Enforcement of requirements

  1. A relevant person may take such action as is necessary to enforce any requirement imposed by these Regulations

(3) Where a relevant person considers that a person is outside the place where they are living, the relevant person may–
(a) direct that person to return to the place where they are living, or
(b) remove that person to the place where they are living.”

Wales

Regulation 8(1), 8(2)(f), 8(5)(b) Health Protection (Coronavirus Restrictions) (Wales) Regulations 2020/353:
8.— Restrictions on movement and gatherings during the emergency period

  1. During the emergency period, no person may leave the place where they are living without a reasonable excuse.”
  2. For the purposes of paragraph (1), a reasonable excuse includes the need–

(f) to travel for the purposes of work or to provide voluntary or charitable services, where it is not reasonably practicable for that person to work, or to provide those services, from the place where they are living”

“(5) During the emergency period, no person may participate in a gathering in a public place of more than two people except—(b) where the gathering is essential for work purposes,”

Regulation 4(4), Health Protection (Coronavirus Restrictions) (Wales) Regulations 2020/353:
“4.— Requirement to close premises and businesses during the emergency period
(4) A person responsible for carrying on a business or providing a service which is listed in Part 2 or 3 of Schedule 1 must,
during the emergency period, cease to carry on that business or to provide that service.”
Part 1, Schedule 1, Health Protection (Coronavirus Restrictions) (Wales) Regulations 2020/353

Regulation 10(1), 10(2), 10(3) Health Protection (Coronavirus Restrictions) (Wales) Regulations 2020/353:
“10.— Enforcement
(1) A relevant person may give a prohibition notice to a person if the relevant person reasonably believes that–
(a) the person is contravening a requirement in regulation 4, 6 or 7, and
(b) it is necessary and proportionate to give the prohibition notice to prevent that person from continuing to contravene the requirement.
(2) Where a relevant person considers that a person (“P”) is contravening the requirement in regulation 8(1), the relevant
person may–
(a) direct P to return to the place where P is living;
(b) remove P to that place.
(3) A relevant person exercising the power in paragraph (2) may–
(a) direct P to follow such instructions as the relevant person considers necessary;
(b) use reasonable force in the exercise of the power.”

Regulation 11(1), Health Protection (Coronavirus Restrictions) (Wales) Regulations 2020/353:
“11.— Power of entry
(1) A relevant person may enter premises, if the relevant person–
(a) has reasonable grounds for suspecting that a requirement imposed by these Regulations is being, has been or is about
to be contravened on the premises, and
(b) considers it necessary to enter the premises to ascertain whether the requirement is being, has been
or is about to be contravened.”

Regulation 12(4), Health Protection (Coronavirus Restrictions) (Wales) Regulations 2020/353:
“12.— Offences and penalties
(4) An offence under these Regulations is punishable on summary conviction by a fine.”

Northern Ireland

Regulation 5(1), 5(2)(f) Health Protection (Coronavirus, Restrictions) Regulations (Northern Ireland) 2020/55:
5.— Restrictions on movement

  1. During the emergency period, no person may leave the place where they are living without a reasonable excuse.”
  2. For the purposes of paragraph (1), a reasonable excuse includes the need—(f) to travel for the purposes of work or to provide voluntary or charitable services, where it is not reasonably possible for that person to work, or to provide those services, from the place where they are living;

Part 2, Schedule 2, Health Protection (Coronavirus, Restrictions) Regulations (Northern Ireland) 2020/55

Regulation 6(b), Health Protection (Coronavirus, Restrictions) Regulations (Northern Ireland) 2020/55:
6. Restrictions on gatherings
During the emergency period, no person may participate in a gathering in a public place of more than two people except—(b) where the gathering is essential for work purposes,”

Regulation 7(1), 7(3), Health Protection (Coronavirus, Restrictions) Regulations (Northern Ireland) 2020/55:
“7.— Enforcement of requirement

  1. A relevant person may take such action as is necessary to enforce any requirement imposed by regulation 3, 4 or 6.”

“(3) Where a relevant person considers that a person is outside the place where they are living in contravention of regulation
5(1), the relevant person may–
(a) direct that person to return to the place where they are living, or
(b) remove that person to the place where they are living.”