Not So New 28 Day Driver Recording Rules
In September 2022, DVSA issued guidance which has caused Operators and Transport Managers to ask questions about the ‘new 28 day rules’ to be rolled out for their drivers. In actual fact, the new rules came into effect in August 2020, but seemed to have gone under the radar and until now, been missed from making headlines in professional updates.
In a nutshell, any driver working under EU Rules must have a record of their activity for the full previous 28 days, including:
-driving
-other work
-periods of availability
-breaks
-rest
-annual leave
-sick leave
DVSA’s guidance outlines in detail what will be deemed compliant, the gov.uk website should be referred to for the most up to date advice.
The current position is that on any driving day, a full tachograph record must be created as usual. For non driving days, in a week where there are other driving days, the record can be made for each day either on a digital tachograph, tachograph print out or analogue chart. For weeks when there is no driving, block recording is acceptable.
Where an analogue record sheet is used, the driver’s name must be recorded. Where print out paper is used, it must be the driver’s name, or driver card / licence number.
Failure to properly record a driver’s time can result in action from DVSA – roadside fixed penalties, prosecution and referral to a Traffic Commissioner Driver Conduct Hearing or Operator Public Inquiry.
For advice relating to Drivers’ Hours, contact our team.
