2. Great Britain domestic rules on drivers’ hours
How the drivers' hours Great Britain domestic rules work for passenger carrying vehicles.
The GB domestic rules, as contained in the Transport Act 1968 as amended, apply to most vehicles that are exempt from the EU rules. Separate rules apply to Northern Ireland.
Private driving is not subject to GB domestic drivers’ hours rules. Private driving doesn’t include:
- driving which is in the course of a drivers’ employment
- driving by a person who drives for the purposes of their own trade or business
The following exemptions apply to drivers who would otherwise be subject to the GB domestic rules:
- if they do not drive for more than 4 hours a day in any week, drivers are exempt from any GB domestic rules for that week
- if they drive for more than 4 hours for up to two days in any week, they are still exempt from the rules, but on these two days:
- all working duties must start and finish within a 24-hour period
- a 10-hour period of rest must be taken immediately before the first duty and immediately after the last duty
- rules on driving times and length of working day must be obeyed.
- if any working day overlaps into a week in which drivers are not exempt from the rules, then on that day the limits on driving time and length of working day must be obeyed
- an exemption from the rules on driving time and rest applies during any time spent dealing with an emergency
Week Week is the period from 0000 hrs on a Monday to 2400 hrs the following Sunday.
Driving is defined as being at the controls of a vehicle for the purposes of controlling its movement, whether it is moving or stationary with the engine running, even for a short period of time.
Breaks and continuous driving
Breaks are for the driver to use exclusively for rest and refreshment so no work of any type can be undertaken during breaks.
Breaks do not have to be taken as a whole period of 30 or 45 minutes so long as the total amount of time taken adds up to the required amount at or before the end of the period of driving or duty time.
How much break is required depends on the length of the driver’s working day.
In a working day of less than 8½ hours duration, a break of at least 30 minutes must be taken or completed on reaching 5½ hours of driving.
In a working day of 8½ hours duration, breaks amounting to at least 45 minutes must be taken so that the driver does not drive for more than 7 hours and 45 minutes in the 8½ hour period. Whilst there is no requirement to also take 30 minutes break after 5½ hours of driving, working time rules require that employers provide drivers with “adequate rest” to ensure they do not pose a risk to themselves or others, so would include taking sufficient breaks interspersed across the working day. More information on adequate rest under working time rules can be found in Annex 2
In a working day of more than 8½ hours duration, in addition to the 45 minutes taken over the 8½ hours period, a further period of at least 30 minutes break must be taken before the end of the working day. There is no requirement to comply with the requirement to take 30 minutes break after 5½ hours however it is recommended that breaks are interspersed across the working day.
Regardless of the length of the working day, it is not permitted to take breaks immediately prior to the end of a shift so there must always be a period of driving or work between the last break and the end of the shift.
In addition to the above, employers must also consider the requirement under The Working Time Regulations 1998 that drivers have ‘adequate rest’, Adequate rest is defined as being long and continuous enough to ensure that a driver does not harm themselves, fellow workers or others and that they do not damage their health in the long or short term. Therefore this would include taking adequate breaks. Taking “adequate rest” means a driver’s personal circumstances need be considered when scheduling breaks which may mean that breaks that comply with the GB domestic are insufficient
Daily driving
In any working day, the maximum amount of driving is 10 hours. The daily driving limit applies to time spent at the wheel, actually driving, and includes any driving done under EU or AETR rules.
Day Day is the period between two daily rest periods, or a daily rest period and a weekly rest period.
Daily duty
A driver should work no more than 16 hours between the times of starting and finishing work (including work other than driving and off-duty periods during the working day).
Daily rest periods
A continuous rest of 10 hours must be taken between two consecutive working days. This can be reduced to 8.5 hours up to three times a week.
In addition to the above, employers must also consider the requirement under The Working Time Regulations 1998 that drivers have ‘adequate rest’ (which includes adequate breaks). Adequate rest is defined as being long and continuous enough to ensure that a driver does not harm themselves, fellow workers or others and that they do not damage their health in the long or short term. Taking “adequate rest” means a driver’s personal circumstances need be considered when scheduling duty and rest periods and this may mean that duty and rest periods that comply with the GB domestic are insufficient. See the information in Annex 2 at ‘Driving under the GB domestic drivers’ hours rules (or are an occasional mobile worker)’.
Fortnightly rest periods
In any two consecutive weeks (Monday to Sunday) there must be at least one period of 24 hours off duty.
The GB domestic rules are relaxed in cases where immediate action is needed to avoid:
- danger to the life or health of people
- serious interruption of essential public services (gas, water, electricity or drainage), of electronic communications or postal services, or in the use of roads
- serious interruption in private or public transport (not including trade disputes) involving carriage of passengers for hire or reward
- serious damage to property
In these cases the time spent dealing with the emergency does not count towards driving or duty time and during the emergency the driver is exempt from the requirement to take breaks or daily rest periods. The fortnightly rest period may be reduced by the amount of time spent on an emergency situation. A situation ceases to be an emergency once it no longer poses any of the above risks.
More information on use of the emergency exemption can be found here: https://www.gov.uk/government/publications/emergency-exemption-and-temporary-relaxation-of-drivers-hours-and-working-time-rules
There are no record keeping requirements under GB domestic rules for passenger carrying vehicles however drivers should note that on any day when driving is undertaken that is subject to EU or AETR rules, they are required to produce on request their driver card and tachograph charts and manual records for any driving/work which was in scope of EU/ AETR rules for the current day and the previous 28 calendar days.
The GB domestic rules apply only in GB. However, drivers must observe the national rules of the countries in which they travel. The embassies of these countries will be able to assist in establishing the rules that might apply.
Where a driver divides their time driving goods carrying vehicles and passenger carrying vehicles under GB domestic rules, then in any working day or week, if they spend most of their time driving passenger vehicles, then the appropriate GB rules for passenger vehicles apply for that day or week.
Drivers who are subject to the GB domestic rules on drivers’ hours are affected by four provisions under GB Working Time Regulations 1998 (as amended). See Annex 2 for more details.