http://www.truckingmag.co.uk Summer 2019 TRUCKING 73
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Disclaimer: No information in this column shall be construed as actionable legal
advice and information is offered for general information purposes only, based on the
current law when the article was first written. You should always seek advice from an
appropriately qualified solicitor on any specific legal enquiry.Marshall GloverYOUR LEGAL QUESTIONS ANSWERED – FREE!
period if the rest taken is in fact
longer than the required
minimum period of time).
This calculation method should
allow enforcers to identify and
sanction all infringements of a
daily rest provision committed
within each period of 24 hours.
The analogue calculation method
should apply to drivers engaged
in multi-manning, and the
reference period of 24-hour
period should be replaced by
a 30-hour period as stipulated by
Article 8(5) of the Regulation.Tachograph regulations
OTHER WORK
Please can you clarify the
rules about recording
other work?The European Commission
has issued a clarification
note on recording and
controlling activities and inactivity
periods of drivers when away
from a vehicle, and this makes
useful reading.
It states in order to ensure
more rapid, effective and
comprehensive controls of
compliance with the provisions
of Regulation (EC) No 561/2006
on driving times, breaks, rest
periods, the EU legislation
requires from a driver and a
transport undertaking producing
a full set of records of driver’s
activities over a relevant period
of time.
In this regard, Regulations
require the drivers to use record
sheets or driver cards every day
on which they are driving, and
Article 34(3) stipulates that when,
as a result of being away from
the vehicle, a driver is unable to
use the tachograph fitted to the
vehicle, periods of other work,
availability and periods of breaks
and rest shall be entered by
using manual inputs.
Attestation forms are able to be
used away from the vehicle and
when it was impossible for them
to record such activities
retroactively by manual entries.
The rationale behind this
provision is to prevent
unnecessary burdens on drivers
and undertakings, and to
promote the use of tachograph
as a main tool to display, record,
store and print details on driver’s
activities and inactivity periods.
This “attestation of activity”
form serves to register the
information which could not be
registered in a tachograph via
manual entries.■receive adequate rest under
Health and Safety legislation. For
owner-drivers, duty means
driving a vehicle connected with
their business, or doing any other
work connected with the vehicle
and its load.
Drivers of certain vehicles are
exempt from the duty, but not the
driving limit. Namely goods
vehicles, including dual-purpose
vehicles, not exceeding a
maximum permitted gross
weight of 3.5 tonnes, when used
by doctors, dentists, nurses,
midwives or vets; for any service
of inspection, cleaning,
maintenance, repair, installation
or fitting; by commercial
travellers when carrying goods
(other than personal effects) only
for the purpose of soliciting
orders; by the AA, RAC or RSAC;
and for cinematography or radio
and television broadcasting.
This is only a broad overview.
Please seek specific advice for
your situation.
Driving regulations
24-HOUR PERIOD
I have been debating the
definition of the 24-hour
period with fellow drivers.
We have different views on
this. Are you able to assist
us, please?
The European Commission
has issued some
enforcement guidance on the
meaning of “each period of 24
hours”. The legislation is found in
Article: 8 (2) and (5) of Regulation
(EC) No 561/2006. It states that
in line with Article 8(2) of the
Regulation, a new daily rest
period shall be taken within each
period of 24 hours after the end
of the previous rest period
(regular or reduced daily or
weekly rest).
The next 24-hour period starts
from the end of the qualifying
daily or weekly rest period taken.
The term ‘qualifying’ rest should
be understood as a rest period
where a lawful minimum duration
is accomplished within the period
of 24 hours after the end of the
previous qualifying rest. This
qualifying rest may end later than
24 hours after the end of the
previous rest if its total duration is
longer than the minimum
required by the legislation.
To determine the compliance
with the daily resting time
provisions, enforcers should look
into all 24-hour periods following
a qualifying daily or weekly rest.
In cases where enforcers are
confronted with periods of
activity following a qualifying
daily or weekly rest period,during which drivers do not
accomplish a qualifying daily
rest period, it is recommended
that enforcers:- Divide the above-mentioned
periods of activity into
consecutive periods of 24 hours,
starting from the end of the
last qualifying daily or weekly
rest; and - Apply the rules on daily rest
periods to each of these
reference periods of 24 hours.
Where the end of such a
24-hour period falls within the
on-going rest period, which is not
a qualifying rest as its lawful
minimum duration has not been
accomplished within the 24-hour
period, but which continues into
the next period of 24 hours and
reaches a minimum required
duration, sometime thereafter,
then the calculation of the next
24-hour period shall commence
when a driver ends his rest
period of a total duration of at
least 9/11 hours or more and
resumes his daily working period.
Where a qualifying daily or
weekly rest period is identified,
the assessment of the next
24-hour period shall start at the
end of this qualifying daily or
weekly rest period taken (from
the end of the relevant rest