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If, between two weekly rests, driving under both sets of rules is undertaken, the simplest course is almost certainly to comply with EU rules on rests, breaks etc and, where possible, record everything using a tachograph, digital or analogue (by manual entry if necessary).

Often, it has been necessary to construct records of driving from a mixture of documentation which can create concerns for enforcement officers and lead to further investigation. The position is further complicated when dealing with movement of vehicles from one area or depot to another to position them for, for example, special events or rail replacement work. It is often still assumed that there are exceptions or special provisions which allow for these vehicle movements outside the drivers hours regime.

Other than in particular specialised circumstances, that is generally a false assumption. Most driving, unless it falls within specific exemptions listed in European Regulations, will require the use of a tachograph. If the work is exempt from EU rules, then, except in specific circumstances and isolated exceptions, domestic rules will apply. But such domestic work and driving will still need to be treated, at least, as “other work” under EU rules.

Further complications sometimes occur where other staff, who hold the appropriate driving entitlement, but are not regular drivers, deal with particular special events, movement of vehicles for these purposes or rail or other replacement work. Their own usual duties are likely to be treated as “other work” for EU purposes and will need to be factored in when considering weekly rest etc. Failing to take full account of all these requirements can lead to serious consequences for Company and driver, both in terms of prosecution and licensing.

Guidance and advice should be sought before repositioning vehicles for particular events or short-term contracts where there is any area of doubt or concern. Equally, where drivers are engaged on mixed EU/domestic or other duties, these should all be taken into account for hours and working time purposes.

Mike Oliver is a Consultant for Aaron & Partners LLP. Contact Mike for advice and guidance on the drivers' hours and licensing concerns regarding passenger vehicles on 0208 4606336 or email him on

apmikeoliver@btconnect.com.

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