Drivers Struggle with Regulations

27-04-2007

Drivers have called on VOSA to clarify how the drivers' hours regulations, which recently came into force, and the Working Time Directive operate side-by-side.

Since the introduction of the EU drivers' hours legislation, drivers have been grappling with when to take their breaks to satisfy both sets of regulations.

The new Drivers rules state clearly that your first period of break must be at least 15 minutes which is fine, the second break which must be taken before or at the end of the four and a half hour driving period must be at least 30 minutes. And there's your first problem with the two words 'at least'.

Some drivers are presuming that if you take your 30-minute break first then you'll only have to take 15 minutes on the second break to make up your 45-minute total break, according to VOSA you will be breaking the drivers' rules according to what is stated, in other words you take 30 minutes on your first break you must take at least 30 minutes on your second break.

Drivers are generally paid the 45 minute break period as part of their daily work, so if the driver took the 30 minutes first and 30 minutes second break they would be losing 15 minutes per day per week per year.

"So, what's the problem?" I hear you cry, just take your 15 minutes first. Well here's the second problem. The Working Time Directive states that you must have a 30-minute break before or at the end of a six-hour working period from the time you start, and that's any work. This is where it becomes a minefield for drivers as the drivers hours' legislation conflicts with the EU Working Time Regulations.

Once again someone somewhere has changed the rules no doubt thinking they were making them easier to understand. Most drivers knew the basic rules of 45 minute break before or at the end of a four and a half hour driving period either taking a 20-25 minute split or 15-30 split or visa versa on both of these, even if they were a little unsure of the rest they understood this. Now this basic rule has been blown apart and drivers are going to have to be very careful not only to keep on the right side of the law, but also juggling this with getting the most out of their working day.

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