3. Mixed EU/ AETR and GB domestic driving
How the drivers' hours rules work when you're driving a passenger carrying 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 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 eg the daily rest provisions for domestic and the daily and weekly rest requirements for EU/ AETR driving.
3.1 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.
3.2 Other duty limits
The GB domestic limit (ie 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.
3.3 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.
A weekly rest period will not be required in a fixed week where there is no driving under EU/ AETR rules. If however you did not have a period of 24 hours the previous week drivers must still have a minimum of 24 hours fortnightly rest to comply with GB domestic rules.
Where a driver works under EU/ AETR rules in week one and under GB domestic rules in week two, they may take either a regular or a reduced weekly rest in the week one but any reduced weekly rest period must be compensated for 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 week two, the EU weekly rest period required in week two must start no later than 144 hours (6 X 24 hour periods) following the commencement of duty on or after 00.00 on Monday.
Days where both EU/ AETR and GB domestic driving takes place
On such days records must be kept in accordance with EU/ AETR requirements and any driving or other work under GB domestic rules must be recorded in accordance with the four principles set out at the beginning of this section. Additionally if any ‘other work’ takes place prior to any EC or GB domestic driving but 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.
If requested you must be able to produce your driver card (if one is held even if it has not been used) and any manual or analogue records for driving which was in scope of EC/ AETR rules for the current day and driving which has taken place in the previous 28 calendar days.
Days where only GB domestic driving takes place
No records are required to be kept or produced for any previous or current GB domestic driving. No records are required to be produced for any previous EC/ AETR driving.
Days where only EU/ AETR driving takes place
On such days records must be kept in accordance with EU/ AETR requirements. If requested you must be able to produce your driver card and any manual or analogue records for driving which was in scope of EC/ AETR rules for the current day and which has taken place in the previous 28 calendar days.