Mixed EU/AETR Rules and GB domestic driving
Introduction
Many drivers spend some of their time driving under one set of rules and some under another set, perhaps even on the same day, which can
prove confusing. With the exception of EU hours rules, the other two (GB Domestic and Mixed EU/AETR Rules and GB domestic driving) have
some variations.
Being mindful of the variations between HGV and PSV, we have seperated them, making them individually available via the internal links
within this page. In both cases, they are laid out in their entirety.
HGV Mixed Rules
If you work partly under EU rules and partly under GB domestic rules during a day or a week, the following points must be considered:
- The time you spend driving under EU rules cannot count as an off-duty period under GB domestic rules.
- Driving and other duty under GB domestic rules (including non-driving work in another employment) count as attendance at work but not as a break or rest period under the EU rules.
- Driving under EU rules counts towards the driving and duty limits under GB domestic rules.
- Any driving under EU rules in a week means that you must take a daily rest period on those days when you actually drive under EU rules, as well as a weekly rest period.
Driving limits
GB domestic limit (a maximum of 10 hours of driving a day) must always be obeyed. But at any time when you
are actually driving under the EU rules you must obey all the rules on EU driving limits.
Other duty limits
GB domestic limit (i.e. no more than 11 hours on duty) must always be obeyed. But when working under EU
rules you must also obey all the rules on breaks, daily rest (only on those days when actually driving) and weekly rest.
Rest periods and breaks Again, you must always obey the EU rules on rest periods and breaks on days and weeks in which driving in scope of EU rules is carried out.
A weekly rest period is not required in a fixed week where a driver does not drive under EU rules. Where a driver works under EU rules in one week and under GB domestic rules in the following week, the driver may take either a regular or a reduced weekly rest in the first week. If the driver takes a reduced weekly rest, compensation will be required by the end of the third week following the week in question. If this working pattern continues, the driver may take either a regular or reduced weekly rest period every other week.
Where a driver works under GB domestic rules in week one and the EU rules in the second week, the weekly rest required in week two must start no later than 144 hours following the commencement of duty on or after 00.00 hours on Monday.
Records
During a week in which the in-scope driving has taken place, any previous work (including out-of-scope
driving in that week) would have to be recorded as 'other work' on a tachograph chart, printout or a manual entry using the manual
input facility of a digital tachograph, or a legally required GB domestic record on a log book.
When driving a vehicle subject to EU or AETR rules, a driver is required to produce on request tachograph records (including other work records described above) for the current week and the previous 15 calendar days when he has driven in scope of the EU/AETR rules in the relevant week (under the EU rules this will change to the current day and the previous 28 calendar days from 1 January 2008).
PSV Mixed Rules
If you work partly under EU/AETR rules and partly under GB domestic rules during a day or a week, the following points must be considered:
- The time you spend driving or on duty under EU/AETR rules cannot count as a break or rest period under GB domestic rules.
- Driving and other duty under GB domestic rules (including non-driving work in another employment) count as other work but not as a break or rest period under EU/AETR rules.
- Driving and other duty under EU/AETR rules count towards the driving and duty limits under the GB domestic rules.
- When driving under each set of rules you must comply with the requirements of the rules being driven under e.g. the daily rest provisions for domestic and the daily and weekly rest requirements for EU/AETR driving.
Driving limits
The GB domestic limit (a maximum of 10 hours of driving a day) must always be obeyed. But at any time when
you are actually driving under the EU/AETR rules you must obey all the rules on EU/AETR driving limits.
Other duty limits
The GB domestic limit (i.e. no more than 16 hours on duty for drivers of passenger vehicles) must always
be obeyed. But when working under EU/AETR rules you must also obey all the rules on breaks, daily rest (only on those days when actually
driving) and weekly rest.
Rest periods and breaks
Again, you must always obey the EU/AETR rules on rest periods and breaks on days and weeks
when driving in scope of EU/AETR rules is carried out.
Where a driver works under GB domestic rules in week 1 and the EU/AETR rules in the second week, the weekly rest required in week 2
must start no later than 144 hours following the commencement of duty on or after 00.00 on Monday.
Records
During a week in which the in-scope driving has taken place, any previous work (including out-of-scope
driving in that week) would have to be recorded as ‘other work’ on a tachograph chart, printout or a manual input facility of a digital
tachograph.
When driving a vehicle subject to EU or AETR rules, a driver is required to produce on request tachograph records (including other work
records described above) for the current week and the previous 15 calendar days when he has driven in-scope of the EU/AETR rules in
the relevant week (under the EU rules this will change to the current day and the previous 28 days from 1 January 2008).
Source - VOSA