The European Court of Justice has ruled that HGV drivers may not take full 45 hour weekly rest periods in the cabs of their vehicles, and that national governments are entitled to penalise drivers who contravene that prohibition.
The ruling was made following a Belgian case involving an operator whose driver had been issued with an 1,800.00 Euro fine for taking a full weekly rest in the cab of his vehicle. The operator appealed on the basis that there was nothing in the EU Drivers Hours Regulation (EC) 561/2006 which specifically prohibits a driver from doing so - and, therefore, that the state had no legal power to issue penalties.
The Belgian appeals court hearing the case referred it to the European Court, seeking a ruling on whether the EC Drivers' Hours Regs should be interpreted as meaning that drivers may not take full weekly rests in vehicle cabs (and if yes, whether it is lawful under European Charter principles for any nation state to criminalise taking full weekly rest periods in cabs given that the EC Regs do not specifically prohibit it).
The European Court looked closely at the EC Regulation - and in particular, its overall objective which includes seeking "...to improve working conditions and road safety" and concluded that the Regulation was intended to prohibit taking full weekly rests in cabs (the Regulation makes it clear that daily rests and REDUCED weekly rest periods may be taken in vehicle cabs, as long as the cab is suitably equipped).
The Court ruled that Member States are entitled to put in place national measures to prohibit drivers taking full weekly rests in cabs and to punish contraventions, despite there being no specific reference to any offence in the EC Regulation.
UK operators should be aware that under domestic law, the DVSA now has powers to issue fixed penalty fines where drivers take full weekly rests in vehicle cabs: presently, according to DVSA guidance, fines will only be issued where those weekly rests are taken in areas where there is no access to toilets, showers or food facilities - it remains to be seen whether in the light of this decision, national measures will be stepped up to include an outright prohibition on any full weekly rest being taken in the cab (but it seems likely that this will be the consequence).
Our advice is that full weekly rests should always be taken away from the vehicle cab at a place where there are proper facilities to ensure comfort and adequate rest for the driver.
If you would like any further information on this issue or any other issue affecting your business, then call us now on 01279 818280.
February 2018
More News and Insight
Road Haulage Association Members and DVSA Leadership Work Shadow Each Other!
To help highlight the Road Haulage Association’s “National Lorry Week” which this year was between 4th and 8th November 2024, the Road Haulage Association and the DVSA’s Leadership team decided to spend some time work shadowing each other….
by Emma Pelly2024 Update to Guide to Maintaining Roadworthiness (GTMR)
The Guide to Maintaining Roadworthiness is the Driver & Vehicle Standard Agency’s (DVSA) standard produced in collaboration with key industry stake holders which explains the responsibilities and systems involved in maintaining vehicles in a roadworthy….
by Emma PellyNew Driver CPC Reforms to be in Force from 3rd December 2024
Following a very lengthy consultation period on this matter launched in early 2023, Parliament finally debated the “Vehicle Drivers (Certificates of Professional Competence) (Amendment) Regulations 2024” on Tuesday 29th October 2024…
by Emma PellyWhen Sat Nav’s Lead Lorries Astray!
Lorries getting into trouble and causing chaos in the small country roads of Great Britain have been making headlines again. Whilst a lot of this content is amusing and no doubt is a winner with internet audiences there is a very serious side to these incidents…
by Emma PellyTraffic Commissioners 2023-2024 Report – the Highlights & the Lowlights of the Year
In early October the Traffic Commissioners of Great Britain published their annual report. The report encompasses the purpose of the individual Traffic Commissioners who are independent regulators for the goods vehicle and public service vehicle industries and their professional drivers…
by Emma PellyVehicle Maintenance Data Collected by the DVSA
In a recent ‘blog’ by the DVSA’s Danny Charles the amount and type of data that the DVSA collects was discussed. Some may find it surprising how much data the DVSA holds and makes available to the general public on individual transport businesses…
by Emma PellyMurky Mini-Bus Waters in UK?
There has been reports in the industry news concerning the number of illegal operators of mini bus services who are operating un-hindered by the regulatory enforcement agencies…
by Emma PellyDriver CPC – Changes Coming in 2024 and 2025
The Driver Certificate of Professional Competence (DCPC) was introduced in the UK in 2007, as specified in EU Directive 2003/59/EC for all commercial drivers…
by Emma PellyChanges to Code of Practice for Enforcement of Weighing of Vehicles
All commercial vehicles being used on the highways and byways of the UK have a maximum weight that they are allowed to carry which is usually determined by type of vehicle…
by Emma PellySocial Media – Have you Thought about your Employees’ Use?
Social Media is all encompassing in the modern world, but although it brings many positives, it can place employers in vulnerable positions if their employees’ use is not carefully defined…
by Emma PellyChanges to the Clandestine Entrant Civil Penalty Scheme means a Stitch in Time Really Does Save Nine!
The Clandestine Entrant Civil Penalty Scheme has been in place for over 20 years. It is designed to complement law enforcement activity against criminals who smuggle people into the UK illegally as well as deter those who decide to try to enter the country without permission…
by Emma PellyDriving in the UK? Read about the latest Rule Changes in 2024
Earlier this year various new driving laws were introduced, impacting both standard road users as well as HGV and PSV road users across England, Wales & Scotland. If you are driving in the UK, especially if you are a commercial driver, then you should ensure that you are aware of these amendments and new rules…
by Emma Pelly