Drivers' hours regs 'deliberately vague'
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SOME CONCESSIONS, BUT HARD FIGHT AHEAD by Derek Moses
• The wording of the proposed Regulations regarding drivers hours contained in the Transport Act was "deliberately vague", claimed Mr. Denis Quin, national secretary of the Passenger Vehicle Operators Association, speaking to a meeting of members in London on Monday.
Although some progress had been made since the departure from the Ministry of Transport of Mrs. Barbara Castle, the whole Act was ill-conceived and a hard fight lay ahead, particularly with regard to drivers' hours. In order to try to obtain some exemptions from the new Regulations, the PVOA and some other p.s.v. operators' associations were to meet Mr. Fred IViulley, Minister of Transport, in about a fortnight's time.
The Ministry had conceded some of the requests of the associations, revealed Mr.
Quin, but further exemptions were needed to avoid complete chaos when the provisions for drivers' hours were implemented on March 1 1970. The Government had completely failed to recognize the importance of the touring coach industry to Britain, which earned more dollars than cars or whisky.
Because the wording of the Act was in such a mess, it was important that member operators should advise the PVOA of any trouble they ran into with the new Regulations. "Every case brought to court must be a test case", he emphasized. Enforcement would be much stricter after March 1 and both drivers and employers would be eligible for fines of up to E200 for contravening Regulations. Operators should give themselves the benefit of the doubt if they were not completely sure about procedure in future.
Mr. Quin also reminded operators that, under the Act (Section 981 they would have to keep complete records of work done by their drivers and staff. The Traffic Commissioners were empowered to inspect an employer's records at any time, and, if dissatisfied, could immediately withdraw all service licences—and they would be out of business. However, the definition of "on duty" was vague, and legal advice sought from several sources had provided contradictory answers.
Exemptiona Exemptions conceded by the Ministry include: work done wholly in connection with express and contract carriages; exemption from Section 96(3)(a) 'during the months March to October, providing a working day not exceeding 14 hours (instead of 11), subject to an aggregate of four hours for rest and refreshment including a period of not less than two hours duration, and that an interval of not less than 12 hours rest is taken before the next working day.
Exempt from the above Section once a week, or twice if the week includes a public holiday, is a driver who spends all his time in driving one or more express or contract carriages, subject to the working day not exceeding 16 hours (instead of 141 and that he is able to obtain rest and refreshment for a continuous period of not less than the time by
which the working day exceeds 10 hours and in any case not less than four hours.
A spreadover of 16 hours for drivers of double-manned coaches was refused, however, although the lifting of the restriction of the working week to an aggregate of 60 hours was conceded provided the driver takes a rest interval of not less than 12 hours before the next working day, and is provided with a comfortable seat on the vehicle when travelling as a passenger.
Temporary exemptions, limited to 18 months, were also granted in respect of work done in connection with stage carriages. The working day is extenddd to 14 hours (instead of 12.) so long as during the working day a driver is off duty for period /periods which taken together are not less than the time by which his working day exceeds 11 hours.
One exemption granted allows an interval of not less than 84 hours between two working days, provided that the next rest period following each such occasion be not less than 12 hours. The PVOA are still pressing for an allowance of three 13,-hour rest intervals in one working week.
An important exemption, however, is from the requirement that a working week must not exceed 60 hours in aggregate, subject to the driver not being on duty in any two successive weeks for periods amounting to an aggregate of not more than 132 hours and that the driver is not on duty in any one working week for more than an aggregate of 72 hours.
Finally, a permanent exemption from all the requirements is granted in respect of emergencies for drivers of passenger vehicles who spend time dealing with the emergencies. This exemption is open to wide interpretation, but as Mr. Quin remarked, a delay due to a genuine emergency would provide a good defence for any prosecution for contravening the Regulations.