A new consultation is out and the Department of Transport is seeking views relating to driver’s hours, tachographs and green technology in the operator Licensing Regime.
Driver’s Hours Rules
The Community Drivers’ Hours and Recording Equipment Regulations 2207 adopted all but one of the national derogations which exempted certain types, and operations, of vehicles from the EU driver’s hours rules.
That one ‘unused’ exemption relates to specialised vehicles transporting money and/or valuables. If the exemption was adopted then drivers of these vehicles would fall outside the EU drivers’ hours rules (however they would be in scope of the GB domestic drivers’ hours rules). Also, they would no longer need to have a tachograph fitted to record their vehicles.
Timescales for downloading digital data
Currently drivers are required to return the records of their activities to their employers within 28 days. Operators are required to ensure tachograph data is not lost by downloading data every 56 days and to make data accessible to enforcement officers if required.
EC Regulation 581/2010 introduced maximum periods for the downloading of relevant data and specified that digital data should be downloaded every 90 days before it is overwritten. The Department is considering adopting these proposals.
Removal of Driver’s Hours Regulations
The Drivers’ Hours (Goods Vehicles) (Keeping of Records) Regulations 1987 require drivers of goods vehicle and passenger vehicles that require an Operator’s Licence and would normally come under scope of the EU drivers’ hours rules (but qualify for an exemption or national derogation), to keep written records of their driving time. The Department for Transport is considering whether this requirement should be removed.
Support green technology through the Operator Licensing Regime.
- Given that electrically propelled vehicles are already exempt from the requirements of Operator Licensing, the exemption could be extended to gas-powered vehicles. Such vehicles (up to 7.5T) are already exempt from the drivers’ hours requirements provided they do not operate more than 50km from base. The authorities believe that an exemption from the Operator Licensing would add further incentive to using these vehicles.
- The Department is considering providing an exemption from the Operator Licensing regime to parallel hybrid vehicles i.e vehicle which use both an electric motor and a diesel engine to drive the wheels.
- The Department is also considering exempting vehicles with green technologies over 3.5T from the Operator Licensing regime requirements.
Jared Dunbar
Dyne Solicitors