1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152 
lin to reason wo "With the Working Time Directive loo
Page 41
Page 40
If you've noticed an error in this article please click here to report it so we can fix it.
over us it's surprising that they are choosing to introduce drivers' hours changes as well." Peter Bennett Hauliers and driv who have finz grasped all the : and outs of I drivers' hours a ulations are in
an unpleas; shock. Come 2004 the rules v be altered yet again, says I European Commission (see lx and the Road Haula Association has bitterly attack the EC plans.
"It's very difficult to make a 11 polite comments about then says a clearly angry Ruth Pott, I association's head of empll ment. "I'm utterly astounded tl the EC should have come up w such a muddle. The EC clan that it is trying to make the ru. easier to understand a enforce—but what's appeared an untidy cock-up."
Pott is so annoyed because t Al proposals clash with several p: visions of the Working Tir Directive, and she fears that ti will confuse road haula employers and employees alil Don Armour, manager, ro freight policy, at the Freig Transport Association, is equa concerned about the confusil that this would cause: "Take t 15-minute break, for example," says. "It's allowed under f Working Time Directive, b under the revised drivers' hou rules the minimum permitt break will be half-an-hour.
He warns this will cause prc lems for drivers working in urb. areas: "You might be able to fii somewhere in a big city whe you can stop for 15 minutes, but you stay any longer you're liable get a ticket from a traffic wardc
"The EC is trying to impro road safety and give the people Western Europe a better lifestyli he adds. "That's fair enough, b Tally needs to think a bit more out the impact some of these anges will have on industry." "Then there's the daily rest nod," Pott says. "The new rules 11 increase it from ii to 12 rs, but the Working Time rective is sticking with ft." She lieves that abolishing the duced 36-hour rest period will eate difficulties too: "Drivers 11 be left with the choice of 45 ■ urs, or 24 hours if they happen be away from home. They may .(1 up parking the truck at the
■ ttorn of the street where they e—if they are permitted to do —so that they can claim to be Jay from home, and take 24 airs rest. That's ridiculous." James Backhouse, of transport Ar group Backhouse and irtners, says: "Changes such as e abolition of the 36-hour rest .11 make planning complex ternational trips more difficult, id the new rules will certainly rye to be interpreted in conjuncin with the Working Time irective. I can only hope that hen they are introduced there ill be a nin-in period during hich the police and the Vehicle ispectorate will be reasonable out genuine misunderstandgs. 1 doubt that the alterations ill reduce the number of legal gu ments."
land in hand
le Working Time Directive and e new hours regulations will ive to work hand in hand. We've got a series of seminars anned looking at the links .tween the two," says Gary odgson of transport lawyers ird and Warren. "You can't look either of them in isolation." Pott warns: "I think there will
a huge number of test cases, id if they have to go to the Court of Appeal, the House of Lords, and the European Court, it will be years before there is any clarification. Officials at the Department for Transport realise that there are anomalies, and I understand that other EU member states—Spain, for example—feel that there are fundamental difficulties too,
"I believe the EC will have to change these proposals completely," she adds. It will not be able to just bulldoze them through in its usual fashion." Pott believes that the differences between the two sets of rules highlight an absence of joined-up government within the EC—a contention that the EC firmly rejects.
"The different directorates constantly collaborate with one another," a spokeswoman insists. "What usually happens is that one directorate will take the lead in a particular matter and other directorates likely to be affected will contribute their views." Nor is there any question of the EC bulldozing proposals through without full consultation, she adds.
Aside from clashes with the Working Time Directive, the proposals will throw up several other problems. says Pott: "The exemptions from the EC drivers' hours rules that certain hauliers on national transport operations currently enjoy-1'm thinking about people moving livestock, for example—are likely to be removed."
Transport law specialist Chris Harris of Harris Transport Consultants also suggests that the introduction of a flexible week will cause confusion over when the working week actually starts. This could create difficulties when drivers are asked to produce charts for the 'current' week plus the last day of the 'previous' week.
The EC contends that the revisions will make enforcement easier across Europe. But Armour has his doubts, pointing out that they are unlikely to alter the different attitudes that prevail in various member states towards enforcement: "In the UK, for example, the VI jumps on operators all the time. By contrast enforcement is very lax in some of the southern European countries, and I don't see this changing simply because some fresh regulations are introduced."
In fact the Vehicle Inspectorate welcomes the planned hours changes. A spokeswoman says: "We're broadly happy with the suggested alterations, but one or two points need clarification, and the DoT will be taking them up with the EC."
A further claim being made for the rules is that they take digital tachograph specifications into account. That's somewhat surprising, says Bob Stacey, the RHA's head of technical services, because the specifications have yet to be determined by EU member states: "Some countries say they want digital tachographs to produce particular kinds of information; others don't think that's necessary. Until they all agree, the new tachos can't be introduced. They should come in two years after the countries reach agreement, which means that in theory they should be introduced in 2004. but as yet nobody has signed on the dotted line."
So what do hauliers think? "I'm really concerned about the impact the Working Time Directive, plus these changes, will have," says Rob Cadwallader, transport manager at Lyonshall, Herefordshirebased Burgoynes. "It's all going to have an adverse affect on the majority of hauliers and we're trying to get our heads round it."
Peter Bennett, MD of Culham,
Oxfordshire-based Freight Shepherd says: "With the WTD looming over us it's surprising that they are choosing to introduce drivers' hours changes as well, and it's hard to see what the EC hopes to gain. The flexible week sounds a bit complicated and I'm concerned that we could fall foul of it unintentionally."
Like many law-abiding hauliers Bennett is a strong believer in effective enforcement: "The VI is tough, and they have to be in an industry that still has too many cowboys," he remarks.