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Q Although employed as an hgv driver, '"C periodically I am

22nd June 1973, Page 63
22nd June 1973
Page 63
Page 63, 22nd June 1973 — Q Although employed as an hgv driver, '"C periodically I am
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required to drive my boss to distant functions. This could mean doing eight hours plus on hgv duties and then, after changing, picking up the boss and driving his car for several hours. This on-duty period could be anything ap to 10 hours, although most of it would be spent waiting, for which I trm paid. Am I breaking the drivers' hours regulations?

ADrivers' hours are governed by Part VI of the Transport Act 1968. The number of hours which you spend driving a vehicle to which this part of the Act applies, that is goods vehicles, is, at 8 hours, within the statutory 10 hours driving allowed. The driving hours limits do not apply to driving private cars.

However, Section 96(3) states briefly that the working day of a driver shall not exceed 11 hours or, if he has not less than 14 hours off duty during that day, 124 hours.

"Off duty" has been defined by the Department of the Environment in its Guide to Goods Vehicle Drivers' Hours and Records dated 1970, as the time before a driver books on and after he books off when he is free to spend his time as he pleases. One of the definitions of "on duty" contained in the same book is "While engaged in work of any kind for any employer who may call upon him to drive a goods vehicle".

As you are obviously "on duty" when you are acting as chauffeur to your employer and the total number of hours on duty as described by you comes to 18 hours, you are breaking the Regulation which governs a driver's hours of duty.

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