HGV driver hours

Scania42

I just recently started a new job. I find the RSA explanation of drivers rules confusing...maybe you might be of better assistance to us.

The job will entail starting work each morning at 3am, as a driver of a HGV.


Can you please tell me exactly what time to be stopped working each day when I start at 3am.

Referring us to the RSA website is of no use to us and in my opinion not too many other Irish, giving their opinion.....as nobody seems to know exactly what is 100% legal and right.

Thanks for reading this and I await your reply

GM228

Scania42 wrote: »

I just recently started a new job. I find the RSA explanation of drivers rules confusing...maybe you might be of better assistance to us.

The job will entail starting work each morning at 3am, as a driver of a HGV.


Can you please tell me exactly what time to be stopped working each day when I start at 3am.

Referring us to the RSA website is of no use to us and in my opinion not too many other Irish, giving their opinion.....as nobody seems to know exactly what is 100% legal and right.

Thanks for reading this and I await your reply

It's not possible to give you an exact finishing time as it's based on your maximum driving hours of 9 hours per day (or a possible 2 x 10 hour days per week) subject to a maximum 56 hours per week or 90 hours on two consecutive weeks.

So as long as you don't exceed 9/10 hours driving per day and obey the break time/rest period and working time directive requirements your finish time realistically could be any time, it's not possible to give an exact finish time.

The RSA have their information correct, it's not really possible to explain it any better than the RSA has due to the requirements of the EU Regulation, but if you really want to know exactly what is legal then read chapter II:-

http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02006R0561-20150302

CHAPTER II
CREWS, DRIVING TIMES, BREAKS AND REST PERIODS

Article 5
1. The minimum age for conductors shall be 18 years.
2. The minimum age for drivers' mates shall be 18 years. However, Member States may reduce the minimum age for drivers' mates to 16 years, provided that:
(a) the carriage by road is carried out within one Member State within a 50 kilometre radius of the place where the vehicle is based, including local administrative areas the centre of which is situated within that radius;
(b) the reduction is for the purposes of vocational training; and
(c) there is compliance with the limits imposed by the Member State's national rules on employment matters.

Article 6
1. The daily driving time shall not exceed nine hours.
However, the daily driving time may be extended to at most 10 hours not more than twice during the week.
2. The weekly driving time shall not exceed 56 hours and shall not result in the maximum weekly working time laid down in Directive 2002/15/EC being exceeded.
3. The total accumulated driving time during any two consecutive weeks shall not exceed 90 hours.
4. Daily and weekly driving times shall include all driving time on the territory of the Community or of a third country.
5. A driver shall record as other work any time spent as described in Article 4(e) as well as any time spent driving a vehicle used for commercial operations not falling within the scope of this Regulation, and shall record any periods of availability, as defined in Article 15(3)(c) of Regulation (EEC) No 3821/85, since his last daily or weekly rest period. This record shall be entered either manually on a record sheet, a printout or by use of manual input facilities on recording equipment.

Article 7
After a driving period of four and a half hours a driver shall take an uninterrupted break of not less than 45 minutes, unless he takes a rest period.
This break may be replaced by a break of at least 15 minutes followed by a break of at least 30 minutes each distributed over the period in such a way as to comply with the provisions of the first paragraph.

Article 8
1. A driver shall take daily and weekly rest periods.
2. Within each period of 24 hours after the end of the previous daily rest period or weekly rest period a driver shall have taken a new daily rest period.
If the portion of the daily rest period which falls within that 24 hour period is at least nine hours but less than 11 hours, then the daily rest period in question shall be regarded as a reduced daily rest period.
3. A daily rest period may be extended to make a regular weekly rest period or a reduced weekly rest period.
4. A driver may have at most three reduced daily rest periods between any two weekly rest periods.
5. By way of derogation from paragraph 2, within 30 hours of the end of a daily or weekly rest period, a driver engaged in multi-manning must have taken a new daily rest period of at least nine hours.
6. In any two consecutive weeks a driver shall take at least:
— two regular weekly rest periods, or
— one regular weekly rest period and one reduced weekly rest period of at least 24 hours. However, the reduction shall be compensated by an equivalent period of rest taken en bloc before the end of the third week following the week in question.
A weekly rest period shall start no later than at the end of six 24-hour periods from the end of the previous weekly rest period.

▼M1
6a. By way of derogation from paragraph 6, a driver engaged in a single occasional service of international carriage of passengers, as defined in Regulation (EC) No 1073/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international market for coach and bus services ( 11 ), may postpone the weekly rest period for up to 12 consecutive 24-hour periods following a previous regular weekly rest period, provided that:
(a) the service lasts at least 24 consecutive hours in a Member State or a third country to which this Regulation applies other than the one in which the service started;
(b) the driver takes after the use of the derogation:
(i) either two regular weekly rest periods; or
(ii) one regular weekly rest period and one reduced weekly rest period of at least 24 hours. However, the reduction shall be compensated by an equivalent period of rest taken en bloc before the end of the third week following the end of the derogation period;
(c) after 1 January 2014, the vehicle is equipped with recording equipment in accordance with the requirements of Annex IB to Regulation (EEC) No 3821/85; and
(d) after 1 January 2014, if driving during the period from 22,00 to 06,00, the vehicle is multi-manned or the driving period referred to in Article 7 is reduced to three hours.
The Commission shall monitor closely the use made of this derogation in order to ensure the preservation of road safety under very strict conditions, in particular by checking that the total accumulated driving time during the period covered by the derogation is not excessive. By 4 December 2012, the Commission shall draw up a report assessing the consequences of the derogation in respect of road safety as well as social aspects. If it deems it appropriate, the Commission shall propose amendments to this Regulation in this respect.

▼B
7. Any rest taken as compensation for a reduced weekly rest period shall be attached to another rest period of at least nine hours.
8. Where a driver chooses to do this, daily rest periods and reduced weekly rest periods away from base may be taken in a vehicle, as long as it has suitable sleeping facilities for each driver and the vehicle is stationary.
9. A weekly rest period that falls in two weeks may be counted in either week, but not in both.

Article 9
1. By way of derogation from Article 8, where a driver accompanies a vehicle which is transported by ferry or train, and takes a regular daily rest period, that period may be interrupted not more than twice by other activities not exceeding one hour in total. During that regular daily rest period the driver shall have access to a bunk or couchette.
2. Any time spent travelling to a location to take charge of a vehicle falling within the scope of this Regulation, or to return from that location, when the vehicle is neither at the driver's home nor at the employer's operational centre where the driver is normally based, shall not be counted as a rest or break unless the driver is on a ferry or train and has access to a bunk or couchette.
3. Any time spent by a driver driving a vehicle which falls outside the scope of this Regulation to or from a vehicle which falls within the scope of this Regulation, which is not at the driver's home or at the employer's operational centre where the driver is normally based, shall count as other work.

One final thing to note is that whilst driving time is a maximum of 56 hours per week (or 90 per two weeks), the working time which includes driving and non driving activities can't exceed 60 hours per week subject to an average 48 hours per week over a set period (averaged over a set period of 17 weeks or 26 weeks by agreement). The RSA don't mention that.