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Q Can you answer the following questions

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18th September 1970

Page 291

Page 291, 18th September 1970 — Q Can you answer the following questions

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for me? (1) If a man drives a goods vehicle for over 4 hours per day and then drives a goods vehicle or psv for another employer are these hours counted towards his 60 hours total duty time for the week? (2) A machine operator (excavator driver) who completes his 8-hour shift on site is then required to drive a goods vehicle for under 4 hours (same day). Is he exempt from the hours rule for that day?

(3) Our refuse collectors work a 10-hour shift driving for only minutes at a time and collecting refuse for only minutes at a time throughout the day. There does not seem anyway of calculating their actual driving time—other than accompanying them with a stop-watch. Have you any suggestion and are there any exemptions regarding these men, as we require them to work for more than 11 hours per day if possible?

(4) A driver of a heavy goods vehicle drives for four hours and then takes over a vehicle under 30cwt for two hours driving. This latter vehicle being used for inspection and cleaning purposes (as shown in Appendix 2 A Guide to Goods Vehicle Drivers' Hours and Records Booklet—additional exemptions under the Drivers' Hours (Goods Vehicles) (Modifications) Order 1970).

Is he allowed to work more than 11 hours per day including other than driving duties?

AThe answers to your questions are as follows:

(1) Yes. All driving done on vehicles to which the drivers' hours regulations apply count toward the 60 hours total duty time for the week.

(2) The driver is exempt from the hours rule for that day. If the same situation applies on every day of the working week the driver is exempt from all working hours and rest period limitations for that week. (He is not, however. exempt from record keeping unless his driving is all within 25 miles of the vehicle's operating centre.) This exemption, however, has a retrospective effect which requires careful watching. If on any day in that working week a driver drives a qualifying goods vehicle for more than four hours, then the limits for driving and working hours apply for every day of that week. This means that if, for instance, a driver who has not driven for more than four hours on any of the first three days of the week, but has perhaps been on duty for as much as 14 hours on one or more of those days, then drives a goods vehicle for more than four hours on the fourth day of the week, the law has been broken. The legality can, of course, be preserved by seeing that in such circumstances the man is not called upon to drive for more than four hours on any day.

(3) The only way in which you could readily establish the exact amount of driving of your refuse vehicles (other than by stopwatch) would be by the installation of tachographs.

There are no exemptions for refuse collection drivers unless their total daily driving time is less than four hours in which case they can then work for more than 11 hours in the day although only 11 of the hours worked court towards the weekly total. The same point as made in the answer above regarding the retrospective effect must be watched. If the total driving time in the day for these drivers amounts to more than four hours then the 11 hours maximum daily duty applies.

(4) If the driving of the goods vehicle to which the hours regulations apply amounts to more than four hours then no more than 11 hours may be worked in the day, whatever the work. The fact that there are exemptions applying to the light vehicle driving has no bearing because the goods vehicle driving takes precedence when establishing the number of hours worked in the day. If, however, the goods vehicle driving does not amount to more than four hours then the hour's regulations do not apply for that day therefore more than 11 hours work may be done.