Passenger vehicle drivers' hours
Page 45
Page 46
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THE VEHICLES AFFECTED
THE LIMITATIONS on driving hours and duty time specified in Section 96 of Part VI of the Transport Act 1968 apply from March 15 1970 to the drivers of those passenger vehicles defined as (i) public service vehicles and (ii) motor vehicles (other than public service vehicles) constructed or adapted to carry more than 12 passengers (Section 95
(2) (a)).
The inclusion of non-p.s.v. passenger vehicles, such as welfare buses, hospital buses, works buses and the school buses employed by local authorities brings hundreds of vehicles under the regulations which have previously not been restricted. And few of the exemptions for the drivers of p.s.v. apply to non-p.s.v. buses in the above categories. Only if the time spent in driving any "Part VI" vehicle does not amount to more than four hours on every day of the week will the drivers of non-p.s.v. passenger vehicles be exempt from the new limitations on driving and duty hours.
Many of the remarks made in the section dealing with goods vehicle drivers' hours (page 37) apply to the drivers of passenger vehicles also. For example, the same two classes of driver are defined—the employeedriver and the owner-driver.
THE NEW LIMITS
The basic hours limits for drivers of the specified passenger vehicles are the same as those for goods vehicle drivers, that is:— A daily working limit of 11 hours; a daily driving limit of 10 hours; a maximum daily spread-over of 121 hours, of which not more than 11 hours is on duty; a break of at least 30 minutes for rest and refreshment after 5+ hours duty; a weekly limit of 60 hours on duty; an interval of at least 11 hours of rest between any two consecutive working days; and a period of at least 24 consecutive hours off duty in each working week.
The definitions of "working day", "driving time" and so on are exactly the same for passenger vehicle drivers as they are for goods vehicle drivers, as explained on page 38.
EXEMPTIONS AND CONCESSIONS
A driver of a public service vehicle, or a non-p.s.v. constructed or adapted to carry more than 12 passengers, is exempt from the hours regulations for, any week in which he drives no more than four hours during each period of 24 hours beginning at midnight.
A driver is also exempt from the 10hour driving limit, the 11-hour and 124hour daily duty and spread-over limits, and the need to take a half-hour break after 5+ hours duty, in cases where he is being employed in connection with an emergency. The same conditions, and the same definition of emergencies, apply to passenger drivers as are detailed for goods vehicle drivers on page 40. But in this case the regulations concerning emergencies are The Drivers' Hours (Passenger Vehicles) (Exemptions) Regulations 1970.
The concessions allowed for drivers of passenger vehicles are defined by The Drivers' Hours (Passenger Vehicles) (Modifications) Order 1970. Some of these concessions are permanent, though others are temporary and expire on October 4 1971. At the time of writing, the above Order is still in draft form, and after rejection by the Upper House has been returned to the Commons. In the event, the Minister of Transport has relaid the Order to take effect from March 15. However, the concessions given in the draft Order are as follows.
If the working day of a driver who drives one or more stage carriages does not exceed 81 hours, including a period or periods amounting to not less than 45 minutes during which he is not required to drive a vehicle; or, under the same qualification, his working
day does not exceed eight hours including not less than 40 minutes not driving a vehicle, the compulsory break after 51 hours on duty is waived, (Modifications Order, Section 4 (2)).
If any of the intervals from driving described above, or the rest period after 5+ hours duty, is spent on a double-manned vehicle, the driver of an express or contract carriage must have an interval of rest, at the end of that working day, of not less than 12 hours. (Section 5 (2)).
The working day of a driver driving stage vehicles may be extended to 14 hours if during that day he is off duty for a period or periods which are not less than the time by which his working day exceeds 11 hours. (Section 4 (3)). This concession expires on October 4 1971.
A driver of an express or contract vehicle may extend his working day to 14 hours if he obtains rest and refreshments (defined by the Order as "the rest period") for a total of four hours, including one interval of not less than two hours. However, a 14-hour working day must be followed by an interval for rest of not less than 12 hours.
If a driver takes a rest period of not less than the time by which his working day exceeds 10 hours, and in any case not less than four hours, such a driver's working day may be extended to 16 hours. This is subject to none of his working days earlier in the week exceeding 14 hours (except for one 14-hour day if a bank holiday falls in that week).
If any of the rest periods described in the last two paragraphs are obtained on a doublemanned vehicle, then the driver must take an interval of rest of not less than 12 hours before his next working day. (Section 5 (3)).
The Order defines the expression "doublemanned vehicle" for the purposes of Section 96 (2) and (3) of the Act as a "passenger carrying vehicle which carries two drivers who take turns in driving it and in which a seat is reserved for the use of the driver who is not driving it in order that he may obtain rest on the vehicle".
It also states that the exemption relating to a working day exceeding 14 hours if a bank holiday falls in a particular week will be valid in respect of bank holidays which are observed only in a particular locality where the journey or part of a journey takes place. This concession will aid English operators sending tours to Scotland where bank holidays occur on different occasions from those in England, and vice-versa.
TEMPORARY CONCESSIONS
A number of exemptions are being allowed to operate only until October 4 1971. These concessions affect the length of the working day, or of the minimum rest period requirements between successive working days; they apply to the drivers of p.s.v. only. A permanent exemption for drivers who drive passenger vehicles on the day before and after a reduced interval for rest, already contained in the Act, allows a minimum interval of not less than 91 hours between two working days once a. week.
The first of the temporary exemption allows an interval of not less than 8+ hour between successive working days on thro occasions each week, providing that an inter val of not less than 12 hours for rest is takei after the next working day, and provide that advantage has not been taken of th 91 hours rest between working days referro to above. However, the combination of twi 81-hour and one 91-hour intervals betweei working days in any one week is allowed.
Limitation of hours of duty to 60 per wed is lifted by the second temporary concessioi which allows a maximum of 72 hours on dut. in any working week, but limits the tote aggregation of hours on duty to 132 in art two successive weeks. Thus a p.s.v. drive may work 72 hours in any week, providin that he does not exceed the 60 in the wee before or the following week; alternative he could, for example, work 66 hours in tw successive working weeks. (Section 3 (4): Paragraph (5) of Section 3 of the Order, permanent modification, changes the wor ing "drives one or more stage carriages" t "driving one or more public service vehicles in the paragraph providing for a period of nc less than 24 hours rest in each working wee and thus allows 13 working days in a perio of two successive weeks for all p.s.v. driven The final modification benefits driver who are engaged entirely on driving one o more express or contract carriages on loni tours, where 14 days is allowed between tw statutory 24-hour rest periods during a period of not more than three working weeks.
A "long-tour" is defined as a service for th carriage of passengers who are taken up fror one or more places in close proximity an do not return to the same place until at lean five days have elapsed from the day the: were picked up.
DRIVERS' RECORDS
Regulations requiring passenger vehicl drivers to keep records in a similar way t goods vehicle drivers will not be introduce in the foreseeable future. Discussions Ix tween operators' associations and the Nlinistr on this subject are still at an early stage.
However, Section 35 of the Act refers ti the powers given to Traffic Commissioner to refuse or revoke p.s.v. licences on th grounds of a person's unfitness to hold sue] licences (Section 127 (7) of the Act of 1960 It outlines the type of inquiry that the Traffi Commissioners may make into an operator' business, and non-violation of the nel drivers' hours limits is essential.
Operators are best advised to keep the own records of the hours spent in drivin "Part VI" vehicles by members of their ste or themselves; many, of course, will be doin so already.
RELEVANT REGS
The main legislation concerning passenge vehicle drivers' hours is contained in th Transport Act 1968, Part VI, The Driven Hours (Passenger Vehicles) (Exemptiorn Regulations 1970 and the Drivers' H0111 (Passenger Vehicles) (Modifications) Ordc 1970.