Introduction
Overview of which drivers' hours and tachograph rules apply in different situations for vehicles used for the carriage of goods.
This guide provides advice to drivers and operators of goods vehicles, whether used privately or commercially. It explains the rules for drivers’ hours and the keeping of records.
The EU and AETR regulations (see annex 1)also place a responsibility on others in the supply chain such as consignors, freight forwarders, contractors, sub-contractors and driver agencies. People working in these sectors of the road haulage industry may benefit from an understanding of the guidance offered here.
Those who are involved in international operations are advised to check whether the other country or countries in which they operate produce equivalent guidance. We recommend that you contact the relevant embassy.
As with any legislation, previous and future court judgments may assist interpretation on a particular point. Where significant court judgments on interpretation are relevant, these have been incorporated in the text. Some important judgments are available – many in shortened form – in legal reference books held by larger reference libraries. If you are in doubt as to how these rules apply to you, seek your own legal advice.
Within Great Britain (GB), either GB domestic or EU rules may apply. Which set of rules applies depends on the type of driving and the type of vehicle being used.
For international journeys, either the EU or the AETR (European Agreement Concerning the Work of Crews of Vehicles Engaged in International Road Transport) rules may apply.
Most vehicles used for the carriage of goods by road and with a maximum permissible weight (including any trailer or semi-trailer) of over 3.5 tonnes are in scope of the EU rules; unless covered by a specific EU-wide exemption or a national derogation.
International journeys to or through countries that are outside the EU but are signatories to the AETR are subject to AETR rules.
Carriage by road ‘Carriage by road’ is defined as any journey, made entirely or in part on roads open to the public, of a vehicle, laden or unladen, used for the carriage of passengers or goods. ‘Off-road’ driving is in scope of the rules, where it forms part of a journey that also takes place on public roads. Journeys that are made entirely off road are out of scope of any drivers’ hours rules however under EU/AETR record keeping rules, drivers who carry out any EU/ AETR regulated work must record all periods of off-road driving as ‘other work’.
Goods
The term ‘goods’ includes goods or burden of any description. It doesn’t include parts of a vehicle or trailer’s fixed equipment manufactured as part of the vehicle or trailer, and which enables the extension of fixed equipment. It also doesn’t include ballast used for the purpose of road testing a vehicle or trailer, or for MOT or annual test purposes provided the ballast is a non-commercial load.
Non-commercial carriage is defined as any carriage by road, other than carriage for hire or reward or on own account, for which no direct or indirect remuneration is received and which does not directly or indirectly generate any income for the driver of the vehicle or for others and which is not linked to professional or commercial activity.
A trailer (including anything permanently attached to it) is not “goods” unless it being wholly carried on a vehicle or another trailer.
International journey An international journey means a journey to or from the UK and includes the part of the journey within the UK.
For journeys that are partly in the EU and partly in countries that are neither in the EU nor signatories to AETR, EU rules will apply to that portion of the journey that is in the EU. Countries outside the EU and AETR are likely to have their own regulations governing drivers’ hours, which should be adhered to while driving in that country.
Most vehicles that are exempt from the EU rules come under GB domestic drivers’ hours rules while engaged on domestic journeys.
This flowchart will help determine which rules apply in connection with goods vehicles.
EU countries
- Austria
- Belgium
- Bulgaria
- Croatia
- Cyprus
- Czech Republic
- Denmark
- Estonia
- Finland
- France
- Germany
- Greece
- Hungary
- Ireland
- Italy
- Latvia
- Lithuania
- Luxembourg
- Malta
- Netherlands
- Poland
- Portugal
- Romania
- Slovakia
- Slovenia
- Spain
- Sweden
Reminder: Switzerland is not a member of the European Union but follows EU rules.
AETR countries
All EU countries plus:
- Albania
- Andorra
- Armenia
- Azerbaijan
- Belarus
- Bosnia and Herzegovina
- Georgia
- Kazakhstan
- Leichtenstein
- Macedonia
- Moldova
- Monaco
- Montenegro
- Norway
- Russia
- San Marino
- Serbia
- Switzerland
- Tajikistan
- Turkey
- Turkmenistan
- United Kingdom
- Ukraine
- Uzbekistan
EEA countries
All the EU countries plus:
- Iceland
- Liechtenstein
- Norway