London, UK: The Department for Transport has temporarily relaxed relaxation enforcement of EU drivers’ hours rules in England, Scotland and Wales.
The moves follows port congestion and other logistics issues compounded by the coronavirus-related restrictions on supply chains.
The relaxation applies to anyone driving within Great Britain under the EU drivers’ hours rules involved in the transport of food and other essential goods from ports within Great Britain.
The relaxation also to food to distribution centres and to stores. This relaxation does not apply to drivers undertaking deliveries directly to consumers.
This relaxation must not be used in combination with existing rules for international driving, which allow for 2 consecutive reduced weekly rest breaks in certain circumstances. It is not recommended this relaxation be used for drivers engaged partly in international journeys.
This temporary relaxation will apply from midnight 10 December until 30 December 2020.
Consecutive weekly rest periods taken before 10 December 2020 must be taken into account for this relaxation, and up to 3 consecutive rest periods may include 1 taken before 10 December 2020.
The 2 subsequent consecutive full regular rest periods, including compensatory rest, can be taken in whole or in part after the end of this relaxation.
Driver safety must not be compromised. Drivers should not be expected to drive while tired – employers remain responsible for the health and safety of their employees and other road users.
The practical implementation of the temporary relaxation should be through agreement between employers and employees and driver representatives.
Operators must notify the DfT if this relaxation is used by completing an initial notification of relaxation form and emailing a copy to RSSSFOLRCOVID19@dft.gov.uk.
A completed follow-up notification of relaxation form must then be emailed to RSSSFOLRCOVID19@dft.gov.uk one week after the end of the period of relaxation.
Failure to comply with the requirement to notify the DfT would be an indication to enforcement authorities that the relaxation had been used inappropriately and follow-up investigatory action may occur. In addition, when driving under the EU drivers’ hours rules, drivers must note on the back of their tachograph charts or printouts the reasons why they are exceeding the normally permitted limits. This is usual practice in emergencies and is essential for enforcement purposes.
This temporary relaxation of the rules reflects the exceptional circumstances stemming from the Covid-19 outbreak. It must be used only where necessary, otherwise, the normal drivers’ hours should be followed, the department says.
The DfT encourages operators facing high work demands or work absences to take urgent measures to secure drivers who have limited or no current work.
