This regulation means that vehicles that are registered for the first time after 2 March 2019 will need to be fitted with a smart tachograph. Those proposals were accepted and a new EU Regulation applying to EU members from March 2016 introduced the “smart tachograph” which was aimed to reduce the administrative burden on hauliers and to eliminate the most serious forms of tachograph offending. This would enable traffic authorities to run remote checks and identify breaches without even stopping vehicles. Such devices would also allow wireless transfer of data. Indeed, a report adopted by the European Parliament Transport Committee on recommended that digital tachographs should have the added ability to monitor a driver’s record by using global navigation satellite systems.
Operators can, however, continue to use an analogue tachograph in any vehicle registered before that date.Īs a result of the introduction of digital tachographs, it has become far easier for the police and the Driver and Vehicle Standards Agency (DVSA) to detect drivers’ hours infringements.
Records are kept through a vehicle’s tachograph recording equipment.Īll commercial vehicles over 3.5t, first registered on or after, must be fitted with digital tachographs that record how long drivers have worked, over what distances, at what speed and with what breaks. When driving a large goods vehicle under an operator’s licence, this driving (and other activity) must be recorded. Equally, any haulier operating outside of the UK would still have to be operating in accordance with EU regulations to avoid criminal implications while driving in those countries and so there is no benefit for the UK to introduce confusion by moving the goalposts now. It seems unlikely that the UK will seek to change the law in this regard given that it all goes to the common goal of road safety, compliance and fair competition. Therefore, our eventual departure from the EU will have very little impact on the underlying UK laws which have implemented directives such as 561/2006. While rules on drivers’ hours emanate from Europe through EC Regulation 561/2006/, the UK adopted these regulations within the Transport Act 1968 and consequently this law will remain, regardless of our status in Europe.
With Britain’s exit from the EU looming, there have been some questions over drivers’ hours and what will happen in this area of law moving forward.
However, the principles are generally applicable to all types of driving. Please note that the focus of this article is on driving under EU rules (Council EC Regulation 561/2006) rather than driving under domestic rules.
When considering how to approach drivers’ hours infringements, the primary issue to address is what systems does the vehicle operator have in place to properly collect, analyse and report on recorded driving? For example, if operators are not regularly collecting and analysing data and producing clear infringement reports, it is very difficult to then look to criticise or indeed discipline a driver for potential infringements.