Drivers’ hours: A Traffic Commissioner’s perspective on safety, compliance, and responsibility

In a recently published blog [1], The Office of the Traffic Commissioner (OTC) has provided practical guidance on the drivers’ hours framework, reminding commercial vehicle operators and drivers of its compliance expectations.

Drivers’ hours rules

As highlighted by the OTC, the primary aims of drivers’ hours rules are to safeguard against fatigue, unfair competition and risk to life.

Research cited by The Royal Society for the Prevention of Accidents (see Driver Fatigue Factsheet 0220 ^[2] / Driver Fatigue Syntheses ^[3]) suggests that fatigue may be a contributory factor in up to 20% of road collisions, and up to one quarter of fatal and serious collisions.

The OTC has wide-ranging powers for dealing with breaches of drivers’ hours rules, which can have a significant commercial and financial impact on operators and drivers alike. These include issuing formal warnings, undertakings and conditions, to revocation of a driver’s HGV or PCV entitlement, disqualification of transport managers and directors and revocation of operator licence.

In addition, following serious injury or fatal road traffic collisions driver hours data is routinely scrutinised by police and can ultimately be utilised to support an allegation of careless or dangerous driving, leaving offending drivers liable to receive lengthy custodial sentences.

OTC expectations

Identifying common compliance failures – including exceeding driving limits, drivers incorrectly drivers calculating breaks, tachograph misuse, record keeping deficiencies and lack of transport manager oversight – the OTC sets out the following expectations and advice to operators, fleet managers and drivers.

Operators and fleet mangers

• Robust policies and written procedures for management of drivers’ hours, including regular monitoring and auditing of tachograph data and investigation of anomalies.
• Comprehensive training and refresher course for drivers and transport managers regarding their obligations.
• Clear disciplinary procedures for dealing with breaches, including verbal warnings, retraining and dismissal.
• Effective planning of routes and schedules to facilitate driver compliance, with use of fleet management software recommended.

Drivers

• A clear understanding of the drivers’ hours rules that apply to their journey, and staying up with rule changes.
• Careful planning of routes and breaks.
• Correct and efficient use of tachographs, including retention of tachograph records.
• Cooperation with employers in auditing records.
• Prioritising wellbeing, including staying hydrated and well fed and taking mental breaks.

The guidance serves as a reminder to commercial vehicle operators, transport managers and drivers that compliance with the drivers’ hours rules remains a priority for the OTC; and the serious regulatory and public safety consequences that may result from a failure to do so.

Clyde & Co’s Safety, Heath and Regulatory Team specialise in representing commercial vehicle operators and drivers in relation to regulatory matters, including Public Inquiries by the Office of the Traffic Commissioner, as well as criminal prosecutions arising from serious road traffic collisions.

References 

1. Drivers’ Hours: A Traffic Commissioner’s Perspective on Safety, Compliance, and Responsibility - GOV.UK
2. Driver Fatigue Factsheet 0220
3. Driver Fatigue Syntheses