Sticking to the rules
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• Given the complexity of the current drivers' hours law, delegates were relieved to get a no-nonsense explanation on exactly what their drivers could — or more precisely couldn't do — under the rules. This was from David Green, the Freight Transport Association's director, highways and parliamentary affairs.
Many operators end up confused as to how much driving their men can do, in relation to the legal requirement for breaks. Green emphasised that "the aggregate driving limit is not calculated on a rolling basis," with this example: 08:00-10:00hrs . . driving; 10:00-10:20hrs . . . break; 10:20-12:50tu-s . . driving; 12:50-13:15hrs . . . break; 13:15-17:15hrs . driving, 17: 15hrs off duty.
This driver's day was "legally acceptable", even though between 10:20 and 17:15hrs, there is 6.5hrs of driving, punctuated only by a 25 minute break. This is because the break taken between 12:50 and 13:15hrs completes the break provisions for the first 4.5hrs' driving, and counting then starts again." Green described this as having effectively "wiped the slate clean".
Nick Kirkwood, of the Tachograph Analysis Association, felt that there were two different approaches to the "wipe the slate clean" concept, held by the Department of Transport and the police, which operated a much tighter interpretation what realistic advice could the FTA offer, that we can pass on to the companies who are concerned with which interpretations they should actually comply with."
Green accepted that there had clearly been confusion on this matter but he was "absolutely clear in my mind that the regulations say wipe the slate clean. I have heard views ex pressed by Police authorities that they believe there is a different interpretation — but unless someone can put me wrong, I don't know of anybody whose been prosecuted on this basis."