Drivers’ hours: rules and guidance for fleets

Drivers’ hours regulations control the amount of time an employee can spend behind the wheel.

Governed by both EU and UK legislation, they aim to support drivers’ well-being while simultaneously improving road safety, operational efficiency and legal compliance.

Importantly, they set limits on rest periods and breaks to ensure that drivers remain both alert and fit for duty.

And there are strict punishments for those drivers – and their employers – who don’t follow the rules.

For van drivers, the repercussions of getting it wrong include a £300 fine or a possible custodial sentence if an accident is caused when the legal driving time has been exceeded.

Which rules apply to drivers?

There are several different sets of rules that might apply.

The relevant legislation depends on the weight of your vehicle, the country you’re driving in and what you are using the vehicle for.

The 'European Union (EU) Rules' cover most drivers of commercial vehicles over 3.5 tonnes when driving in the UK or to, from or through an EU country.

Then there’s the European Agreement Concerning the Work of Crews Engaged in International Road Transport (AETR) regulations to consider.

These can apply if your van – including when it’s used with a trailer – exceeds more than 3.5 tonnes and you’re driving “to, through or from” a country that follows the AETR rules.

The 'Domestic rules' covers most van driving undertaken by businesses in the UK and are relevant when the maximum gross weight of your vehicle is 3.5 tonnes or less.

It also applies to those drivers excluded from the EU and AETR rules.

The responsibility falls on both fleet managers and their drivers to be aware of the rules that apply to them to ensure compliance with relevant legislation.

The ‘domestic’ rules

The domestic rules apply to commercial vehicles that are driven in England, Wales and Scotland - but there are separate rules for Northern Ireland.

The Transport Act 1968 (amended) makes clear that drivers - regardless of whether they're employed or self-employed – may not exceed 10 hours of driving and 11 ‘hours of duty’ in any 24-hour working day, which must be recorded on a weekly record sheet or on a tachograph.

If you drive for fewer than four hours every day in any fixed week, you do not have to meet the drivers' hours requirement for that week.

But if you drive for longer than 4 hours on one or more days, the rules apply for all days that week.

The domestic rules do not apply to drivers who do not use public roads, for example, driving in connection with road maintenance, quarrying, construction work and civil engineering works.

EU rules explained

Even though the UK has left the European Union, your fleet may still need to comply with EU rules on drivers’ hours and tachographs if a vehicle has a gross weight in excess of 3.5 tonnes.

The EU drivers' hours rules are governed by Regulation (EC) No 561/2006 and clearly specify how long your drivers can stay on the road and when they’re required to rest.

The law stipulates that drivers may not drive longer than nine hours per day, which can extend to 10 hours no more than twice per week.

Furthermore, drivers may not drive longer than 56 hours in one week or 90 hours in two consecutive weeks.

The EU rules also stipulate how many breaks and how much rest a driver should take.

For example, drivers must take at least 11 hours of rest every day.

They must take a break totalling at least 45 minutes after no more than 4 hours 30 minutes of driving.

They must also have an unbroken rest period of 45 hours every week - although this can be reduced to 24 hours every other week.

AETR rules explained

The AETR rules on drivers’ hours, breaks and rest are largely the same as the EU rules.

The differences are that you can: work for more than four consecutive weeks without returning to your home or where the vehicle is usually based; only take one reduced weekly rest period (less than 45 hours) at a time – and this must be followed by one full weekly rest period.

It also makes clear that you can only interrupt your regular daily rest period (11 hours) during ferry crossings

The legislation states: “Most types of vehicles that are exempt from EU rules are also exempt from AETR rules. However, all vehicles weighing 3.5 tonnes or more that are carrying hand-crafted goods must follow AETR rules.”

Further details about the countries where AETR rules must be followed are available HERE.

The rules for fleet managers

According to UK regulations, those organisations employing drivers must:

• Keep drivers’ hours records for at least one year
• Make sure they are properly trained and understand the rules
• Organise their time so that they can follow the rules
• Check your drivers’ hours records and data
• Monitor their employees’ working time
• Be able to show enforcement officers records from the last 12 months
• The government also stipulates that employers must not pay employees based on speed of delivery, distance travelled or the amount of goods carried if this encourages drivers to break the rules.

What happens if things go wrong

The Driver and Vehicle Standards Agency (DVSA) is responsible for enforcement of both the EU drivers’ hours rules and the tachograph rules.

If a driver should fail to record their work and duties appropriately - or attempts to hide insufficient rest periods - the DVSA will take enforcement action.

Domestic drivers’ hours rules tend to be enforced reactively.

For example, the police or Health and Safety Executive (HSE) would proactively investigate a driver’s recent activity in the wake of a safety-related incident.

If a court subsequently finds them guilty of breaking the regulations, they could face a fine or even imprisonment.

It’s entirely possible that a fleet’s drivers could find themselves driving partly under EU or AETR rules and partly under GB domestic legislation during the same week – or even on the same day.

Consequently, it remains incumbent on fleet managers – and their drivers – to adhere to the correct regulations.

This will not only ensure each fleet’s legislative compliance, it will also help maximise the safety and wellbeing of those driving for work.