Drivers’ hours regulations: use of emergency exemption following severe weather event
Updated 6 March 2018
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We advised that during the recent severe weather conditions some operators should make use of the available exemption from the drivers’ hours rules, for ‘emergency or rescue operations’. In most locations, the road network has now returned to normal conditions and we anticipate that most operators will no longer need to deviate from the drivers’ hours rules.
However, we recognise that as a consequence of the recent disruption, there may be various situations in which operators will continue to require use of this exemption, if the relevant criteria continue to be met. These are when deviation from the normal rules is needed to avoid:
- danger to life or health of people or animals
- serious interruption to the maintenance of public services (e.g. water, gas, electricity, drainage) or in the use of roads
- serious interruption in private or public transport
- serious damage to property
The use of this exemption is at the discretion of the driver and operator and does not require authorisation from the Department for Transport. We would like to remind operators that this exemption should only be used as a last resort, for example if other contingency measures have been exhausted.
Should the exemption continue to be made use of, we strongly advise that operators inform their lead government department, potentially via trade associations, every 3 days, for as long as they do so. This will enable enforcement agencies to be made aware.
We reiterate that drivers using this exemption should not be expected to drive while tired - employers remain responsible for the safety of their employees and other road users.
Therefore, we would not normally expect drivers to drive for more than 11 hours in one day or have less than 9 hours of daily rest. In addition, we believe they should still ensure they take a 45 minute break after 4½ hours driving.
It is unlikely that the relevant provisions of the Road Transport (Working Time) Regulations 2005, such as the 60 hour maximum weekly working time, will apply, to the extent that they conflict with the requirements of responding to the emergency. They will, however, remain subject to all other requirements of the Working Time Regulations in an emergency event.
If exceeding the normally permitted limits, all drivers must indicate the reason on the back of their tachograph charts or printouts. This must be done, at the latest, on arrival at a safe and secure destination or rest area.