DRIVING BREAKS
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I REFER to the article 'Get Ready For Flexi Time' (CM February 1). I would like to query the statements concerning 'continuous driving'. Article 7(1) of EEC Regulations 543/69 states: Any driving period interrupted by breaks which do not at least satisfy the conditions laid down in paras 1 & 2 of Article 8 shall be deemed to be continuous. (A 'break' being any period of time when a driver is not driving or performing any other duties.) The example quoted in the article describes a ten-minute delivery drop as driving, but the regulations says that the driving period is deemed to be continuous, not the break, and they certainly make no reference to interruption of driving by other work. Furthermore, in the example quoted, the theory implied would mean that any driver, who for example started his day with 30 minutes driving, and then went on to do other work, would never be able to reach his 51/2 hours duty limit, as according to Mr Dawson the 'other work' would all be classed as driving, and four hours would be his maximum.
The implication must surely be that the driving time is aggregated to determine the four hours. Article 8(2) of 543/69 accepts that four hours 'continuous' driving can be split by 20 or IS minute breaks.
Finally, regardless of how any of us as individuals, or even the DTp choose to interpret the regulations, it is the Courts who have the final say. You are obviously aware of the recent stated case on this matter in which a Crown Court Judge ruled that breaks in driving which do not reach the minimum requirements aggregate the driving periods on either side. Mr Dawson's interpretation would appear to conflict with this.
I would appreciate your comments, as this particular regulation seems to be a subject of great controversy.
Alan Scripps
Sotent Chart Analysing Services
Lake Isle of Wight