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Coach & Bus Week April 11th 2007 was a significant day in the minibus operators and drivers’ calendar. Due to new European Union legislation, revised arrangements for drivers’ hours have now come into effect. As a result, drivers and operators will need to understand the implications of the new laws and introduce mandatory changes. Anne McDougall, Director of Tachodisc, talks exclusively to CBW about the new legislation and its impact.
Who does it affect?
Changes to the way minibuses are operated in the UK have now come into effect. If you run a commercial business which operates a minibus with between 10 and 17 seats and are not aware of the new EU regulations you are at risk of breaking the law if you do not implement the changes. According to the Department for Transport (DfT), the new rules also apply to commercial companies that simply transport staff, regardless of whether they pay for this facility, or not. Organisations, such as voluntary groups and schools, which have permit-operated minibuses, will continue to fall outside of the scope of requirements.
Drivers’ Hours changes
The basic driving time limit remains at nine hours in any one day – which can be extended to 10-hours twice a week – with a maximum of 56-hours per week restricted to 90-hours in a fortnight. One change is the statutory 45-minute break after 4.5 hours, which can only be taken in two parts, the first of which must be at least 15 minutes and the second at least 30 minutes.
Drivers still have the choice to reduce their daily rest period from 11 hours to a minimum of nine hours, but only up to three times between any two weekly rest periods. These reductions do not need to be compensated for, which is a benefit to managing the operation.
Another modification affects the previous interpretation of ‘split rest’. Now, regular rest periods can only be split into a maximum of two periods, instead of three as before. The first period must be at least three hours long, the second at least nine.
However, in respect of weekly rest, this must be taken after no more than six successive 24-hour periods, following the last weekly rest. In any two consecutive weeks a driver must take two regular weekly rest periods of at least 45 hours, or one regular and reduced rest period of at least 24 hours. Compensation for any reduction must be made up by the equivalent amount, en bloc, by the end of the third week following the week that was reduced. Previously, drivers were only allowed to reduce the regular 45-hour weekly rest to 24 hours – subject to compensation - if they were away from their base. This condition now applies regardless of location.
Multi-manned minibuses
New conditions that affect multi-manned minibuses have also been introduced which will offer some flexibility. The main change being that the regulations will now apply to a vehicle if the second driver is picked up within the first hour of the journey rather than from the start of the journey. Drivers involved in a multi-manned operation must, however, take at least nine hours of daily rest in a 30-hour period, which starts at the end of their last rest period.
Tachograph changes
Previously, drivers have only needed to keep tachograph records for days on which they are driving, however, from 11th April 2007, drivers are now required to keep a record of both driving and non driving days within a fixed week, where ‘in scope’ driving has occurred. The record should include all periods of availability, other work including work carried out for any other employer, and breaks.
The new regulations have been introduced to help to reduce the number of accidents on our roads for safety reasons. Operators must ensure that the new legislation is put into practice, as failure to observe the new rules may result in punitive action against your company.