Q I am engaged in the transport of agricultural produce and
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I find it difficult to keep within the 11-hour working day because of the delays caused by congestion at markets. I understand that there is an exemption from this legal requirement for drivers engaged in work of this nature. Could you please explain what this is?
A The Drivers' Hours (Goods Vehicles)
(Exemptions) Regulations 1972 contains exemptions from the statutory periods of duty for drivers engaged in certain work. Among this is an exemption for drivers engaged on the carriage of anything produced in the course of agriculture from the place where it is produced direct to another place where the journey on which the produce is carried commenced during the harvest time of that produce.
Therefore, if you are picking up seasonal produce from a farm or market garden and taking it to market, then the exemption applies to you. It is contained in paragraph 6 of Part 11 of the Regulations.
Under this paragraph you are exempted from observing the 11-hour working day subject to the condition that the working day does not exceed 14 hours.
Your working week need not be conFined to 60 hours but you must not exceed 66 hours on duty during a working week.
You do not need to take a period of 24 hours rest currently in any working week but if you do not take that rest period currently you must take it no later than 28 days afterward starting from the beginning of the working week to which it refers and in which you did not take it.
Note that the exemption refers only to the period on duty and that the statutory requirement not to exceed 10 hours driving remains operative.