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D7 Working time and drivers’ hours

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Evidence required

Requirement

To manage drivers’ working time and driving hours.

Purpose

To ensure that drivers are not subjected to excessive work, not fatigued whilst driving and comply with the rules on working time and drivers’ hours.

Demonstration

FORS Operators shall have a policy and supporting procedures in place on working time, drivers’ hours and their alignment.

The policy and supporting procedures shall include:

  • Planning daily and weekly work schedules and rest breaks to minimise fatigue
  • How the risks associated with long journeys and night driving are managed
  • Compliance with the relevant drivers’ hours and working time regulations
  • How total working and driving time is monitored and enforced
  • The requirement to report any fatigue or sleep-related issues

The working time and drivers’ hours policy and supporting procedures shall include adherence to the relevant rules that will depend on the specific vehicle and journey type:

  • For HGV and PCV drivers, EU drivers’ hours and mobile working time rules may apply – these rules require tachograph records to be kept
  • For van, car and PLV drivers (and drivers of HGVs and PCVs that are out of scope or exempt from the EU rules), GB domestic drivers’ hours rules may apply – these rules require written records to be kept

Whether either EU or GB domestic drivers’ hours are in scope, a procedure for obtaining, processing and analysing the relevant drivers’ hours record and vehicle unit data shall be in place. The procedure shall include information on:

  • The frequency of downloading vehicle unit and driver card data
  • Drivers’ hours recording method (i.e. digital, analogue tachograph or logbook)
  • Monitoring and managing driver and company tachograph card expiry dates
  • Dealing with lost or defective tachograph cards
  • Identifying and dealing with driver infringements to prevent recurrence
  • Identifying and dealing with missing mileage and unknown event reports
  • Secondary employment and any impact this has on working time and drivers’ hours

The policy should also include:

  • Drivers’ commute to and from work
  • Drivers with no fixed or habitual place of work
  • Overnight accommodation or alternative transport arrangements, where relevant

Exemptions to drivers’ hours rules: there are a number of exemptions to the EU drivers’ hours and mobile working time rules, such as for vehicles up to 7.5 tonnes that are electrically powered and operate within a 100km radius.

There are also a number of exemptions from GB domestic drivers’ hours rules, such as for goods vehicles that are driven for less than four hours in a day.

A full list of exemptions is available at https://www.gov.uk/drivers-hours

The policy, procedures and records relevant to working time and drivers’ hours shall be:

Prepare the following evidence

Documented working time and drivers’ hours policy and procedure.

Access to tachograph analysis system.

Drivers’ hours data recording, processing and analysis records covering the previous 12 months. Examples of acceptable evidence include:

  • Drivers’ hours analysis reports
  • Drivers’ hours compliance reports

Working time data recording, processing and analysis records covering the previous 24 months. Examples of acceptable evidence include:

  • Working Time Directive (WTD) reports
  • Working time compliance reports
  • Timesheets, logbooks

Records demonstrating that drivers’ hours and WTD infringements are investigated and corrective actions implemented. Examples of acceptable evidence include:

  • Signed infringement reports
  • Documented investigation forms
  • Driver debrief records
  • Training records
  • Corrective or improvement action records

Vehicle unit data recording, processing and analysis records covering the period since the last audit. Examples of acceptable evidence include:

  • Vehicle unit download records
  • Tachograph analysis reports
  • Vehicle unit compliance reports

Records demonstrating that vehicle unit data is monitored and investigated and that corrective actions are implemented where required. Examples of acceptable evidence include:

  • Missing mileage reports
  • Documented justifications for missing mileage
  • Investigation records
  • Driver debrief records
  • Training records
  • Corrective or improvement action records

In-date company tachograph card.

Working time records must cover at least the previous 24 months and be available for both vocational and non-vocational drivers.

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