2. How to respond


2.1. The consultation began on 21 July 2009 and will run until 13 Octo- ber 2009. Please ensure that your response reaches us by that date. 2.2 If you would like further copies of this consultation document it can be found at www.dft.gov.uk/consultations. If you would like alternative formats of this consultation please contact us at the address below. Please forward your responses to: Steve Oliver, Department for Transport


2/14 Great Minster House, 76 Marsham Street, London SW1P 4DR Tel: 0207 944 2756


Fax: 0207 944 9631 Email address: steve.oliver@dft.gsi.gov.uk


2.3 When responding to the consultation and the questions presented with- in it (summarised at Annex B), please state whether you are responding as an individual or representing the views of an organisation. If responding on behalf of a larger organisation please make it clear who the organisation rep- resents, and where applicable, how the views of members were assembled. When answering any questions, where possible, please give figures on the estimated costs/benefits. This will help the DfT provide a detailed assess- ment of any future proposed changes.


2.4 The consultation paper asks a large number of questions in order to ensure the Domestic Rules are examined in as much detail as possible. It is not necessary to answer every question throughout the paper – you may prefer to focus on those questions which are most relevant to yourselves or the organisation that you are representing.


2.5 The consultation document has been sent directly to those listed at Annex C. If you have any suggestions of others who may wish to respond to the consultation please contact us at the above address. 2.6 Information provided in response to this consultation, including person- al information, may be subject to publication or disclosure in accordance with the access to information regimes (these are primarily the Freedom of Information Act 2000 (FOIA), the Data Protection Act 1998 (DPA) and the Environmental Information Regulations 2004).


2.7 If you want information that you provide to be treated as confidential, please be aware that, under the FOIA, there is a statutory Code of Practice with which public authorities must comply and which deals, amongst other things, with obligations of confidence.


2.8 In view of this it would be helpful if you could explain to us why you regard the information you have provided as confidential. If we receive a request for disclosure of the information we will take full account of your explanation, but we cannot give an assurance that confidentiality can be maintained in all circumstances. An automatic confidentiality disclaimer gen- erated by your IT system will not, in itself, be regarded as binding on the DfT. 2.9 The DfT will process your personal data in accordance with the DPA and in the majority of circumstances this will mean that your personal data will not be disclosed to third parties.


2.10 The Government has adopted a Code of Practice on consultations. Fur- ther details can be found at Annex D.


3. Summary of the UK domestic drivers’ hours rules 3.1 This chapter presents a summary of the Domestic Rules. A number of questions are presented throughout the chapter to enable the DfT to gather opinions on every aspect of the Domestic Rules and to understand fully what effect any future changes would have on businesses and drivers alike. When responding to the questions, you may care to keep in mind the issues of road safety, decent working conditions for drivers, fair competition and the principles of better regulation as the underpinning rationale for the current review.


NOTE: When answering each of the questions in this section please, where possible, provide figures relating to the costs and benefits related to your response. These figures will be used when any potential future changes to the Domestic Rules are being considered.


Scope and exemptions


3.2 The Domestic Rules apply to most goods and passenger vehicles driv- en in the UK that are not covered by the EU Rules.


3.3 Exemptions from the Domestic Rules exist for certain vehicles and oper- ations. Where the EU Rules do not cover these exemptions the vehicles in question are not covered by any drivers' hours rules.


3.4 The most notable exemption is for all goods vehicles not exceeding 3.5 tonnes in NI (i.e. most vans) and, in GB, all passenger vehicles with 8 or less passenger seats where passengers are not been carried as separate fares (i.e. most taxis).


3.5 Other exemptions include: • Drivers of vehicles used by the armed forces, police and fire brigade; • Drivers who always drive off the public road system; • Private driving (i.e. not in connection with a job or in any way to earn a liv- ing).


Annex B Summary of questions


Question 1: Is there a case to extend the Domestic Rules to other sectors that are currently out of scope/exempt? Why?


Question 2: Is the maximum driving time set at the right level? Please give reasons.


AUGUST 2009 PHTM


Question 3: Are the maximum duty times for drivers of goods and passenger vehicles set at the right level? Please give reasons.


Question 4: Should break requirements be introduced for drivers of goods vehicles in GB? Why?


Question 5: Are the break requirements for drivers of goods and passenger vehicles set at the right level? On what grounds?


Question 6: Is the requirement to take total breaks amounting to 45 minutes sufficient or should a minimum length of break also be introduced for drivers of passenger vehicles? Please give reasons.


Question 7: Should daily rest requirements for drivers of goods vehicles be introduced in GB? Why?


Question 8: Are the daily rest requirements for drivers of passenger vehicles set at the right level? Please give details.


Question 9: Should weekly/fortnightly rest requirements be considered for drivers of goods vehicles? Please give reasons.


Question 10: Are the weekly/fortnightly rest requirements for passenger vehi- cles set at the right level? Why?


Question 11: Should weekly/ fortnightly rest requirements be considered for passenger vehicles in NI? On what grounds?


Question 12: Are the current record keeping requirements adequate for enforcement purposes? Why?


Question 13: Should the use of tachographs become mandatory for vehicles operating in scope of the Domestic Rules? Please give reasons. Question 14: Are you aware of any difficulties that the Domestic Rules pres- ent to enforcement agencies? Please give details. Question 15: Could VOSA/DVA and other Government bodies do more to educate operators and drivers about the Domestic Rules? What additional measures would you recommend?


Question 16: Are the current obligations appropriate for drivers and opera- tors alike? On what grounds?


Question 17: Are the penalties currently issued proportionate or should addi- tional penalties be considered, such as endorsements on drivers' licences? Why?


Question 18: How important a role do you think the current Domestic Rules are in: Improving road safety; Ensuring good working conditions; Ensuring fair competition?


Question 19: Should different rules for drivers of goods and passenger vehi- cles exist? Please give reasons?


Question 20: Do you think the Domestic Rules help deliver the objective of improving road safety? Why?


Question 21: Do you think the Domestic Rules should be abolished alto- gether and if so what safeguards should there be introduced instead? Question 22: If the Domestic Rules were relaxed or removed where would you look to for information on how to minimize the risks? Question 23: How much does it cost you to comply with the current Domes- tic Rules?


Question 24: Should some or all of the limits of the EU Rules be used as a basis for considering changes to the Domestic Rules? If so, why, and what limits should be considered?


Question 25: Should some or all of the requirements of the sector specific or main Working Time Regulations be used as a basis for considering changes to the Domestic Rules? Please provide details.


Question 26: Do the punishments that could be incurred as a result of the legislation outlined above (Corporate Manslaughter and Corporate Homi- cide Act 2007, and other road safety legislation) make employers sufficiently aware of their responsibilities regarding driving and health and safety? Has the legislation led to changes in working and managerial practices and sys- tems (if so, please provide example/s)?


Question 27: Should a specific Highway Code be introduced for profession- al drivers? If so, what should it include?


Question 28: Are there any aspects of the legislation outlined in this chapter that could be considered when reviewing the Domestic Rules? If so, please provide details. Question 29: Of the different approaches used by other countries set out above, which ones (if any) might offer an alternative approach for the Domestic Rules? On what grounds?


Question 30: Are there any aspects of the US or Canadian regulations that could be considered for the Domestic Rules? Which ones and why? Question 31: Should the ‘chain of responsibility’ concept be extended in the UK as in Australia? (See paragraph 3.22 for details of UK 'chain of responsi- bility'). Please give details.


Question 32: Should a similar approach, whereby there is no differentiation between driving and work, be adopted for the UK Domestic Rules? Question 33: Does your organisation operate any fatigue management sys- tems? What costs/benefits have resulted? Question 34: Would a UK pilot scheme be useful to understand the possible advantages and disadvantages of introducing a similar fatigue management system to that used in Australia in the UK? Question 35: To what extent do you think the parameters of the Domestic Rules help mitigate the factors that have been identified as contributing to fatigue? Question 36: Do you have any suggestions for any further data sources that could be used to gather evidence on drivers' hours and accidents, or how existing databases could be improved for this purpose?


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