Q A colleague has been summoned for
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driving for a continuous period exceeding 54hours. The alleged offence occurred on a Saturday when he was running-in empty over a distance of approximately 150 miles: total shift time would not exceed 7 hours. I am certain that an eight-hour continuous driving shift is sometimes permissible. Can you comment?
A Current drivers' hours regulations are found in the Road Traffic Act 1960, 5.73 (1) of which provides that no driver may be allowed to drive for a continuous period of more than 54. hours. Any two periods of work will be deemed to be one continuous period unless they are separated by a period of not less than half an hour in which the dr.ver is able to obtain rest and refreshment.
However, there is an exception to the 54. hour restriction which applies only to drivers of motor vehicles, operating as goods vehicles under A or B licences in England or Wales. This exception is covered by the Road Traffic Act 1930 (Variation of Provisions of Section 19) Order 1934. Where in any period of 24 hours, one shift only is worked not exceeding 8 hours then the limit of 51 hours on continuous driving may be increased to 8 hours. In such cases the driver of the vehicle must be allowed intervals of rest and time for refreshment amounting to at least 40min altogether, and one such interval must be of at least 20min duration and be taken not earlier than 2 hours nor later than 5 hours after the beginning of the period of duty.