Domestic Driver’s Hours – what can go wrong (case study)

We were called by a road maintenance operator after one of their vehicles was stopped by DVSA and things started to escalate.
The company was fairly new, running a small fleet on a restricted operator’s licence. The setup — 7.5t tippers, 18t grab and vans doing local road repair work, short runs, part of operation if not all would typically fall under GB Domestic Regs. They initially reached out just to check whether their processes were good enough, as they had a recent DVSA stop where a drivers’ hours prohibition was issued for failure to produce driver’s hours records during the roadside stop.
The issue started at the roadside. The driver was asked to produce a logbook and couldn’t because he did not fill one in at the start of the shift and since he swapped vehicles at the start of his day he did not even have a book with him. Because of that, the officer had no way of confirming whether the driver had taken sufficient rest. A prohibition was issued and the vehicle had to be recovered by another driver.

When we audited their systems, the main issue was around how domestic driver’s hours were being recorded. Drivers were not completing logbooks properly during the day — most of them were filling them in afterwards. At the end of the week everything was done and prepped on the management desk for checking, but the books were being completed after shifts so when it mattered most – during roadside stops – they were unavailable.
There were also some communication issues at the roadside stop. The driver’s attitude and general awareness did not help either. The driver failed to clearly explain who he worked for and suggested that the company client was his employer rather than the actual operator. That raised further questions around control and responsibility of the operator’s licence.
On top of that, during further investigations we identified problems with the vehicle hire company. Maintenance standards were poor, repairs were not being completed in a timely manner after defect reporting. Safety inspection paperwork did not contain brake testing reports at all and was arriving with significant delay. Looking back at the conversations the responsibility for the repairs and correct inspections was effectively being pushed onto the operator.
Failure to produce driver’s hours records at the roadside is enough on its own to justify a referral to the Traffic Commissioner. Combined with an ineffective maintenance regime the company operation was at significant risk.

The solution

We started with the drivers meeting. Not just telling them what to do, but explaining why it matters and what impact non compliance has on the company and their potential negative outcomes. This approach is usually far more effective than handing out the paperwork to read and sign.
We then put a structure in place to make sure logbooks were completed as the day happens, not retrospectively. This included simple checks and accountability. There was also a strong recommendation to move away from manual records altogether. The operator eventually moved towards using digital tachograph recording, which removed a lot of the risk.
The maintenance issue was dealt with by instructing the client to speak to the hire company who was also the maintenance provider, but the response wasn’t good enough. It was clear their model relied on delaying or avoiding necessary repairs. The operator was advised that continuing that relationship would put their licence at risk. They made the decision to move to a more established provider, despite the higher cost. (The company image was also significantly improved after that move)
The director also completed OLAT, which helped in understanding where the responsibilities sit and how these situations are viewed by DVSA and the Traffic Commissioner.
Before the DVSA visit, we arranged an independent audit to evidence the improvements. The timescale was tight but we worked at pace and the operator was very responsive which helped.
During the visit itself, most areas were reviewed without major concerns. However, the original issue — the missing logbook at the roadside — was still very much a concern.
At the end of the visit, it became apparent that the officer had not asked to see other drivers’ logbooks. This did not escape the consultant present during the visit and was subsequently raised, as we knew records did exist for the rest of the operation. The director, who had been prepared beforehand, was able to show that the company had dealt with the driver through retraining and disciplinary action, and that other records were being completed correctly. The officer simply assumed based on the conversation with the driver at the roadside that the company was not completing logbooks at all. Another reminder that communication skills are absolutely crucial when dealing with authorities.
This shifted the situation from looking like a system failure to an isolated incident with driver not following the procedures.
The officer reviewed the additional records and the independent audit, and the report was ultimately marked as mostly satisfactory with no referral to the Traffic Commissioner.
It was a close call. And to be fair it could have been much worse for the operator as it was clear that the officer was being supportive seeing all the good work that was put in by the operator.
Domestic driver’s hours are often treated as a lower risk area because there is exemption from using tachograph, but the expectations are still clear. Drivers must still produce records unless exempt. And to be fair, the best way to prove exemption from record keeping applies is to actually keep them. Exemption says that records are not required if driving does not exceed 4 h a day, but from the operator point of view, practically it’s better to keep this records to actually know how much driving was completed duting the day. It also shows good practice which is normally well received by authorities.
More importantly, records must be kept properly. Logbooks or timesheets need to be completed on the day, not afterwards, and they must be available for inspection. Operators are required to keep those records for at least 12 months. Again, it is way easier to keep this data in a digital format using digi cards.
If a driver cannot produce a record at the roadside, DVSA will treat it as if it doesn’t exist hence the driver will not be able to proof daily and weekly rest. This is grounds for prohibition!
This case is a good example of how quickly a simple issue can escalate, and how much it depends on how the operator responds once it does.
Under Domestic Regulations the daily driving limit is 10h and daily duty time is 11h. The full regulations can be found on the government website
https://www.gov.uk/drivers-hours/gb-domestic-rules