REVIEW OF THE UK DOMESTIC DRIVERS’ HOURS RULES CONSULTATION DOCUMENT July 2009
1. Executive summary Introduction
1.1 The Department for Transport (DfT) is reviewing the UK domestic drivers’ hours rules (afterwards referred to as “the Domestic Rules”) and this con- sultation document invites views that will help inform the review. This consultation document does not make specific amending proposals which would be the subject of a separate consultation if necessary.
Who should read this consultation document? 1.2 The following will have an interest in this document: • Any driver who is subject to the Domestic Rules; • Any road haulage or road passenger transport operator or agency who employs drivers subject to the Domestic Rules;
• Anyone else with an interest in the carriage of freight or passengers by road, or road safety in general.
Scope of the UK domestic drivers' hours rules 1.3 The Domestic Rules set daily driving and duty limits, and in some instances break and rest requirements.
1.4 The Domestic Rules apply to most goods and passenger vehicles driv- en in the UK that are not covered by the EU drivers' hours rules (Regulation (EC) 561/2006) ("the EU Rules").
1.5 The drivers who work in the following industry sectors and/or who drive these classifications of vehicles are likely to work under the Domestic Rules: • Vans not exceeding 3.5 tonnes (in Great Britain (GB) but not in Northern Ireland (NI));
• Passenger transport (operating on regular routes up to 50km); • Tradesmen (e.g. building/construction); • NHS & publicly owned medical vehicles; • Refuse collection; • Local authority services for the elderly & disabled; • Milk; • Utilities & road maintenance (e.g. gas/water); • Breakdown; • Agricultural, fishing and forestry; • Charity work (where employed drivers are used); • Special vehicles (e.g. vehicles that operate on natural gas, electric or are not capable of speeds over 40km).
1.6 Further details of the Domestic Rules can be found in Section 3 of this document and on the DfT and Driver and Vehicle Agency (NI) websites (see Annex A).
Purpose - why review the Domestic Rules now? 1.7 The Domestic Rules were first introduced in the 1930s and the current rules have remained largely unchanged since the 1960s. It is normal prac- tice under better regulation principles to review regulations periodically and a review of these particular rules is overdue.
1.8 It is important that any rules remain relevant to the policies they imple- ment and support. The Domestic Rules were introduced to support road safety by ensuring that drivers of commercial vehicles were not driving too long without a break or rest and to safeguard the health and safety of driv- ers. These policies remain important and the review is considering the extent to which the Domestic Rules are an effective mechanism to address these policies. At the same time, the review is considering how far the Domestic Rules support fair competition within the road haulage and passenger trans- port industries.
1.9 A regulatory review does not in itself imply that there is a problem to be addressed, but it is important that the Domestic Rules are reviewed to ensure that they do not impose undue burdens on those affected by them. The review is also considering the extent to which the EU Rules for drivers of larger commercial vehicles may be relevant and whether any ideas can be identified from them.
Progress/methodology of the review
1.10 The DfT is leading the review and has convened an industry steering group comprising representatives from a number of the following key organ- isations: •DfT; • Vehicle and Operator Services Agency; • Department of the Environment in Northern Ireland; • Welsh Assembly Government; • Scottish Executive; • Confederation of Passenger Transport; • Freight Transport Association; • Road Haulage Association; • Trades Union Congress; • Unite the Union; • United Road Transport Union; • Health and Safety Executive.
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1.11 The purpose of the steering group is to inform key stakeholders of developments and, if justified by the evidence, to help identify options for change. It also provides an opportunity for the key stakeholders to comment as the review moves forward.
1.12 The review is being carried out through a staged process of evidence gathering and policy options development. This consultation document builds on two key evidence gathering activities already completed and sum- marised below. 1.13 Transport Research Laboratory (TRL) was commissioned by the DfT to review existing UK and international research to determine what links exist between long driving/working hours and fatigue. This was done to under- stand better what underlying factors should be considered when drawing up regulations designed to prevent fatigue.
1.14 TRL also carried out a review of the domestic rules and/or fatigue man- agement systems in place in other countries (both EU Member States and selected non-EU countries), to see if the UK could learn from international experience.
1.15 AECOM was commissioned to carry out a survey to review the use and awareness of the Domestic Rules. The survey was carried out independent- ly across a wide section of affected industry and operators and gauged both drivers' and operators' opinions on the Domestic Rules.
Policy considerations
1.16 In determining future policy options within the review, the DfT is con- sidering a number of key themes. These are: • How far are the Domestic Rules known and understood by those who are required to adhere to them?
• How clear is the evidence that the Domestic Rules are effective and enforceable?
• What would happen if the Domestic Rules were strengthened, left un- modified or taken away?
• Is there a case for continued regulatory intervention by some means - are there sufficient alternative safeguards in place or would additional meas- ures (including voluntary measures) be required?
• Can the UK learn from international experience in this area? • To what extent do the varying operational conditions justify different rules for the passenger vehicle and goods vehicle sectors?
1.17 Although many of the questions are related to regulatory regimes, the answers you give will help us to understand the value of a regulatory approach in the context of better regulation. We are equally interested in how far voluntary approaches may deliver the safeguards the existing Domestic Rules are intended to secure.
How is the document structured?
1.18 The DfT wishes to capture views and experiences that will further inform the evidence gathering phase of the review process and the initial consider- ation of potential policy options. This consultation document invites comments throughout the following chapters as follows: • Chapter 3 sets out the details of the current Domestic Rules (and the NI regime where that differs). The paper asks a series of questions to help the DfT understand whether the Domestic Rules are clear to understand, practicable and easy to apply, and seen as beneficial (or not) by industry (including drivers);
• Chapter 4 asks a number of questions about other existing regulatory safeguards that may support road safety objectives in terms of tackling the risks that driver fatigue can bring. This chapter also includes infor- mation on the regulatory safeguards in place for other transport modes;
• Chapter 5 summarises the regulatory approaches taken in other coun- tries and invites views on whether any approaches may be usefully adopted in the UK, either in addition to existing measures or as alterna- tive approaches. Of particular interest is the approach adopted by Australia which allows greater flexibility where improved fatigue manage- ment systems are put in place;
• Chapter 6 summarises the research undertaken for the DfT into fatigue and drivers' hours and seeks views on the extent to which the findings should inform any possible changes to the Domestic Rules. This chapter also presents a summary of the results of the driver & operator survey;
• Chapter 7 outlines the next steps after this consultation paper closes. Devolved Administrations
1.19 Drivers’ hours legislation is a reserved matter in respect of Scotland and Wales. The devolved administrations are aware of the proposals and will have the opportunity to comment on the detail as part of the consultation exercise. 1.20 This consultation is also being carried out on behalf of NI. In view of the specific equality requirements of S.75 of the Northern Ireland Act 1998, spe- cific NI-related equality considerations will be addressed by the relevant NI Departments as part of their preparations for any future legislative process following the results of this consultation.
PHTM AUGUST 2009
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