EU Drivers’ hours
In August 2020, new regulations were introduced, requiring all drivers operating under EU rules, regardless of the extent of their EU-regulated driving, to be able to present a comprehensive record of all their work (including driving and other tasks) and rest (such as breaks, rests, periods of availability, holidays, and sick leave) at the roadside. This record must cover at least the current day and the preceding 28 calendar days.
These records must be created using one of the following methods:
- A manual entry using the digital tachograph.
- A manual record on a printout.
- A manual record on the reverse side of an analogue chart.
It’s important to note that logbooks, timesheets, driver apps, and similar documents are no longer considered acceptable forms of record-keeping.
Starting from early 2022, the DVSA has actively enforced these obligations during roadside checks, with non-compliance carrying substantial penalties.
Occasional drivers
The above rules also apply to drivers who drive only occasionally (part-time drivers, transport managers, or other office staff who need to fill in as drivers on short notice, workshop staff providing driving coverage during peak holiday seasons, etc.). These drivers are still required to maintain an uninterrupted 24/7 record of their activities in one of the three specified forms for the preceding 28 calendar days before they commenced driving.
The Department for Transport (DfT) reviewed the requirements for weeks in which no EU-regulated driving occurs (00:00 Monday to 23:59 Sunday). In such weeks, drivers can now create a ‘block’ record of their activities instead of maintaining individual daily records. When in-scope driving is undertaken, a full record must be kept for that whole week with separate records for each 24-hour period.
Example of how to record hours [1]
A transport manager does not drive for a period of 3 weeks but works in the office. Part way through the 4th week they have to drive a vehicle in-scope of the retained EU drivers’ hours rules.
Rather than expect them to produce a separate record sheet or printout for each day of the 3 weeks in which no in scope driving has taken place, the DVSA would accept a manual record made on a record sheet or printout paper which covers the period where they have not driven.
The records might look something like this:
Week 1
- Monday to Friday (include dates) 40 hours working in the office
- Friday to Monday (include dates) rest period of 60 hours from 6pm on Friday to 6am on Monday
Week 2
- Monday to Friday (include dates) 40 hours working in the office
- Friday to Monday (include dates) rest period of 60 hours from 6pm on Friday to 6am on Monday
Week 3
- Monday to Friday (include dates) 45 hours working in warehouse
- Friday to Monday (include dates) rest period of 50 hours from 6am on Saturday to 8am on Monday
If the driver is then in scope half-way through the 4th week, the DVSA would expect full records for each day in that week back to when the last weekly rest finished.
International journeys
Drivers planning international trips to, from, or through the EU are advised to maintain comprehensive daily records for the preceding 28 days. This advice stems from the possibility of varying interpretations of regulations and the impracticality of enforcement authorities inspecting the facilities of UK-based operators at their domicile.
Letters of attestation [2] are now deemed acceptable in certain scenarios in place of manual tachograph records.
The attestation form must be:
- completed before the start of the journey
- signed by the operator and by the driver
The driver must carry the original signed copy with them on the journey.
For more information and examples of recording other work, please visit Drivers’ hours and tachographs: goods vehicles [3].
How to identify gaps in working records?
The easiest tool to identify gaps in records is tachograph analysis software. In fact, the majority of systems are able to show detailed driver activity, including dates and times when no data is recorded on the driver’s tachograph card.
VDO Fleet tachograph analysis software
For more information on analysing your tachograph data, please contact our team at 01163 500 335 or click here.
[1] https://transport.ec.europa.eu/transport-modes/road/social-provisions/driving-time-and-rest-periods/form-attestation-activities_en
[2] https://transport.ec.europa.eu/transport-modes/road/social-provisions/driving-time-and-rest-periods/form-attestation-activities_en
[3] https://www.gov.uk/guidance/drivers-hours-goods-vehicles/4-tachograph-rules
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