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IS ANYONE LEGAL?

1st December 1988
Page 26
Page 26, 1st December 1988 — IS ANYONE LEGAL?
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Which of the following most accurately describes the problem?

• I believe that 99.9% of all HGV drivers who use a split 45-minute test are breaking drivers hours' regulations every day.

Due to the interpretation of Article 7 of EEC Regulation 3820/85 by the Rawtenstall magistrates, nearly all HGV drivers on the road in the UK are breaking the law if they use the split break (eg, a driver drives for five minutes then has a 15-minute break; drives for four hours 25 minutes and stops for a 30-minute break). He must now drive for exactly five minutes before taking a further break of at least 15 minutes. If he drives for four minutes he must have a further 15-minute break after one minute, and so on.

How many drivers out there can say they drive exactly 41/2 hours between breaks? It is more likely to be 4 hours 20 minutes or something like that — but this diligence puts the driver outside the law. I therefore put it to the police and to the Rawtenstall magistrates: admit your mistake or be prepared to prosecute every truck in your area as HGV drivers cannot drive to exactly 41/2 hours between breaks.

G Etchells, Wakefield, West Yorkshire.