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Changes to EU drivers hours records
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Background
A new European regulation (Regulation 561/2006) replaced Council Regulation 3820/85 on drivers’ hours
from 11 April 2007. Many areas of the rules, including the scope, definitions, liabilities, responsibilities as well
as the hours rules themselves changed. Full details of all the changes can be found in the FTA EU drivers’
hours changes compliance guide.
The regulation also contained a staged change to the number of charts and manual records required to be
produced by drivers at the roadside. The final stage takes place from 1 January 2008. Also, UK legislation is
expected to change in relation to the return of tachograph charts from drivers to employers.
Production of records at the roadside
The number of day’s worth of tachograph charts (together with any legally required printouts or other manual
records) that a driver must be able to produce at the roadside when driving an in-scope vehicle changes after 1
January 2008. From this date the driver must be able to produce these manual records and tachograph charts
for the current day and the previous 28 calendar days. If the driver holds a driver smart card, this must also be
produced, regardless of how much or how little data is stored on it, or what type of tachograph equipment is
fitted to the vehicle.
For example, on Wednesday 2 January 2008, the driver must be able to produce that day’s chart together with
any charts and manual records for any day on or after Wednesday 5 December 2007. On Thursday 3 January
2008, the driver must carry records which were legally required to be produced going back to Thursday 6
December 2007. As is the case currently, where a legal record was not required to be made – for example on a
rest day – there is no requirement to produce a record at the roadside.
Return of charts to employer
The UK legislation, which currently requires tachograph charts to be returned to employers within 21 days is
expected to be amended shortly to 42 days. This will mean that drivers must return charts no later than 42
days after they have been produced, but may return them earlier provided the roadside production
requirements are met.
In practice
To ensure drivers are compliant with the new rules you will need to make sure they start to hold onto their
charts from at least Tuesday 4th December. If company policy requires drivers to hold their charts in fixed
weeks they will also need to keep Monday 3rd December, these charts would all then be returned on Monday
7th January. In practice this would mean they are carrying all the charts for the current week and the previous
4 fixed weeks.
The article was taken from http://www2.fta.co.uk/information/briefing-digest/public_briefings/record-changes.pdf |
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26/02/2008 10:28:13 |
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