Driving Hours: What Constitutes a Week ?* A CASE of unusual
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interest and importance to hauliers was heard on August 25 by the Stipendiary Magistrate for Birmingham arising out of the construction of Section 19 of the Road and Rail Traffic Act, 1930, as amended by the Road Traffic Act, 1930 (Variations of Provisions of Section 19). The facts were that the operator was prosecuted for permitting a driver to remain continuously on duty for more than 11 hours, in a period of 24 hours, commencing two hours after midnight.
It was conceded that on each of the three days concerned the total working hours of the driver were 12, and it was also conceded by the prosecution that the driver was employed by the week; that part of his time was taken up in waiting or loading or unloading, and that he had one period of 24 hours for rest in each week.
The case centred around the question as to what constituted a week. A supposition was advanced by the prosecution that a week, if commenced on a Wednesday would allow a driver to work 12 hours on Monday and Tuesday in one week (being the last two days in, that week), and on Wednesday and Thursday, being the first two days in the next week, i.e. four consecutive days of 12 hours and still maintain that he had ,worked only for 12 hours on two ...days in each week. This, however, was contrary to the spirit of Section 19 of the Act.
The Stipendiary Magistrate decided that for the purpose of Section 19 of the Road Traffic Act, 1930, "a week" meant any period of seven consecutive days. The employer was fined £1 and the driver £3, the Stipendiary agreeing to state a case.