Driving and rest times for drivers of goods vehicles in excess of 3.5 tonnes are governed by EU regulation 3820/85, there are limited exemptions from these rules and drivers of vehicles that meet the relevant exemption criteria are subject to the UK domestic rules.

In 2001 the European Commission made a proposal for a new regulation to replace 3820/85. The intention was to simplify the legislation to ensure consistency of application and effectiveness across all EU member states. Throughout 2005 the European Commission, European Parliament and Council of Ministers of Transport were locked in protracted discussions over the proposed changes as part of the conciliation process. These proposals were, unfortunately, used to claw back ground on working time concessions, reduce the driver's working week and severely curtail the operational flexibility provided by the current regulations.

FTA's high profile campaign, spearheaded from its Brussels office, was hugely successful in countering the worst of these damaging proposals. Timely meetings between Members of the European Parliament, Commission staff and FTA experts were organised and ensured UK freight transport industry needs were heard and understood.

FTA successes included:

• convincing MEPs to table numerous amendments to the proposed legislation and gaining cross party support for these amendments
• facilitating meetings in Strasbourg between MEPs and leading industry representatives including major UK utilities and their contractors to demonstrate the critical need for exemptions and derogations to specialist operators
• preparing briefing notes that formed the basis for discussion during EU Parliament transport committee debates
• using FTA's detailed knowledge and understanding of the legislation and the EU process to submit compromise solutions acceptable to the EU Commission, European Parliament, UK Government and most importantly the UK freight transport industry

The result of this effort has been a revised set of rules which retains many of the exemptions and derogations and provides industry acceptable solutions on rests and breaks. The regulation was published in the Official Journal of the European Union on 11 April 2006 and most of the provisions will come into effect from 11 April 2007. However, the regulation also brings into force provisions relating to :

• use of the crossed hammers symbol to record other work
• production of print outs for the digital tachograph
• manual entries
• production and retention of records

Changes in these specific areas come into force from 1 May 2006.

The new regulation also makes provisions relating to the mandatory fitment of digital tachographs.

• Drivers’ hours and records – penalties for non-compliance
• Department for Transport guidance on refuse derogation

For more information on FTA's digital tachograph solutions, please click here

Last updated: Thu Dec 13 16:18:51 2007