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Shared responsibility

27th July 2006, Page 9
27th July 2006
Page 9
Page 9, 27th July 2006 — Shared responsibility
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Which of the following most accurately describes the problem?

The opportunity is there to make anyone involved in scheduling responsible for breaches in drivers' hours rules. Louise Cole hopes it isn't squandered.

The revised drivers' hours rules which come in under UK law 561/2006 the same piece of legislation that brought us digital tachographs have a great deal of potential. The road transport industry has always suffered from having to meet customer's stringent schedules while also complying with the law. The only problem with this is that, historically, the customer was never held responsible if their demands could compromise an operator's or driver's legality.

Of course, you're quite right in what you're about to say. If a customer requires that you break the rules, then you step away. In the perfect world we all inhabit, no customer can have such sway that you would risk your business for them. But it's not a perfect world.

There is an inherent injustice in a situation where operators and drivers areresponsible in law but the consignor is not. The new legislation has the ability to make anyone involved in scheduling agencies, freight forwarders, consignors responsible for breaches in hours rules.

The rub is two-fold. Firstly, how will it work? How are you responsible if you don't get to see charts, for example? The government has always been keen not to make those who cannot fairly be claimed to have control over events responsible for them.

Then there is the interpretation of the wording. Currently it is deliberately vague and endless conversations will now determine the scope of the liability.

I pray that it isn't softened out of existence. Driver agencies for instance should share responsibility for drivers' hours, as operators cannot be expected to know what other work the driver has done. Consignors should make their delivery windows realistic and their rates supportive of legal running.

"There is an inherent injustice in a situation where operators and drivers are responsible in law but the consignor is not"

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