Does your whole-time employment involve driving an “in scope” vehicle? (a) Goods vehicle where the maximum permissible mass of the vehicle, including any trailer, or semi-trailer, exceeds 3,5 tonnes, or (b) Passengers by vehicles which are constructed or permanently adapted for carrying more than nine persons including the driver, and are intended for that purpose. If so then you will know that apart from certain exceptions your occupation brings you under the guidelines of both EC Regulation 521/2006 (Drivers Hours Rules), and the Road Transport (Working Time) Regulations, which were brought into force on 4 April 2005. You may also know that under EC Regulation 521/2006 as with EC 3820/85 any fire service vehicle is exempt from the use of a tachograph. |
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| Vehicles
owned or hired without a driver by the Armed Forces, civil defence
services, fire services and forces responsible for maintaining public
order, when the carriage is undertaken as a consequence of the tasks
assigned to these services and is under their control. |
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| Also under the RTD Working Time regulations the Fire Service is classed as Voluntary Work and is not counted towards a person’s working time. | |
2. What counts as working
time? Working time is not attendance or shift time. It does not include travelling between home and work (however, it should be noted, that in certain circumstances such periods may count as "other work" under the separate European drivers' hours rules), lunch breaks, other breaks, periods of availability, evening classes or day-release courses. Working time includes job-related training associated with normal work and training that is part of the company's commercial transport operation. Work carried out for another employer (who undertakes road transport activities within scope of the European drivers' hours rules) counts towards the total working time performed by the mobile worker. |
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| Voluntary work and
activities performed by mobile workers who are part-time retained
fire fighters, special constables and members of the reserve forces
should not be counted towards these limits. Source: DFT Road Transport (Working Time) Guidance |
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| But did you know????? With the final implementation of EC Regulation 521/2006 in April 2007, there are no derogations for Retained Fire-fighters in relation to drivers rest breaks (Daily or Weekly) |
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| A rest is an uninterrupted
period where a driver may freely dispose of his time. Time spent working
in other employment or under obligation or instruction, regardless
of the occupation type, cannot be Counted as rest, including work
where you are self-employed. Source: Rules on Drivers Hours Tachographs (amended 2007) |
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This makes it very difficult for a driver to manage their rest breaks from their whole time employment whilst at the same time being able to respond as a Retained Fire-fighter. A driver’s daily rest break should be 11hrs in a 24 hr period though can be reduced to 9 hrs on 3 occasions in the week. There is also the ability for a driver to have split daily rest. The first period must be at least 3hrs and the second part at least 9hrs. Please the following examples as a basic guide... |
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Example 1 • Driver commences
his Daily Rest period from his whole time employment @ 18.00 Monday
This is ok as it’s the first reduction of the drivers rest period for the week. |
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Example 2 • Driver commences
his Daily Rest period from his whole time employment @ 18.00 Monday
This contravenes the regulation as the driver has not had a sufficient daily rest. |
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Example 3 • Driver commences
his Daily Rest period from his whole time employment @ 17.00 Wednesday This is ok as the driver has had 9 hrs rest and it’s only his/her 2nd reduced daily rest |
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Example 4 • Driver commences
his Daily Rest period from his whole time employment @ 16.00 Thursday This is ok as the driver has had split daily rest consisting of a 4hr and a 9hr period. |
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Example 5 • Driver commences
his Daily Rest period from his whole time employment @ 16.00 Friday This contravenes the regulation as the driver has not had a sufficient daily rest period |
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| These examples are a very brief guide to the difficulties involved and the potential to impinge on a drivers Daily rest period. Responding to more than one turn out a night or even one at the wrong time could result in a driver contravening EU regulation 521/2006. | |
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We need information
in order to be able to lobby the DFT to push for Derogation for
our service, it is important that we fully understand the scale
of the impact that this legislation is currently having on our members
and the communities they serve. Please complete the online survey here. |
