3. Mixed EU/AETR and Great Britain domestic driving
How the drivers' hours rules work when you're driving a goods vehicle under a mix of the EU and Great Britain rules.
Many drivers spend some of their time driving under one set of rules and some under another set, perhaps even on the same day.
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 EU rules take precedence over the GB domestic rules):
- 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 or other duty under EU/ AETR rules count towards the driving and duty limits under GB domestic rules
- any driving under EU/ AETR rules in a week means that you must take a daily rest period on those days when you actually drive under EU/ AETR rules, as well as a weekly rest period
3.1. 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/ AETR rules you must obey all the rules on EU driving limits.
3.2. Other duty limits
GB domestic limit (ie no more than 11 hours on duty) 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.
3.3. Rest periods and breaks
Again, you must always obey the EU/ AETR rules on rest periods and breaks on days and weeks in which driving in scope of EU/ AETR rules is carried out.
A weekly rest period is not required in a fixed week where a driver does not drive under EU/ AETR rules.
Where a driver works under EU/ AETR rules in week one and under GB domestic rules in week two, 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/ AETR rules in the second week, the weekly rest required in week two must start no later than 144 hours (6 x 24 hours periods) following the commencement of duty on or after 00.00 hours on Monday.
On any day where both EC/ AETR and GB domestic driving take place then records must be kept in accordance with EC/ AETR requirements, recording any GB domestic work in accordance with the principles set out at the start of this section. Additionally if any ‘other work’ takes place but prior to any EC or GB domestic driving since the last daily or weekly rest period (taken in accordance with either the EU drivers’ hours or working time rules) this must be recorded as ‘other work’ on a tachograph chart, printout or a manual entry using the manual input facility of a digital tachograph.
‘Other work’ means all activities which are defined as working time in Article 3(a) of Directive 2002/15/EC except ‘driving’, including any work for the same or another employer, within or outside of the transport sector.
You must be able to produce such record(s) and any other EC/ AETR records, including your driver card, for the current day and for day when EC/ AETR driving has taken place in the previous 28 calendar days. On a day where only one type of driving takes place (either EU/ AETR or GB domestic) then you should refer to the particular record keeping requirements detailed in the relevant section of this booklet.