News

A huge increase in the exposure of truck operators to breaches of hours regulations by their drivers is proposed by the UK government.

Under new EU regulations that come into force next April, transport undertakings are "automatically liable for infringements committed by drivers of that transport undertaking".

But national governments have a clearly-stated discretionary power to give firms a defence, to the effect that they have good systems in place and have done everything reasonable  to avoid offences.

The UK has chosen to ignore that discretionary power in a consultation document published on the web and makes clear that operators would normally be liable for an absolute offence. Strangely, it makes no mention at all of the discretionary power in the consultation.

Gary Hodgson, of haulage lawyers Ford & Warren, warns that the DfT's failure to use its discretionary powers could have serious implications for operators. "It is impossible not to make a mistake from time to time."

Hodgson urged firms to respond to the consultation paper, asking it to use its discretionary power. Were the DfT to make such a change, the new regulations would be similar in effect to the law on permitting, with perhaps a slightly greater onus on the operator to show its good practice.

The DfT proposes a defence "where the contravention arises out of an unavoidable delay...which could not have reasonably been foreseen".

Hodgson says this defence could  be used only in the most extreme circumstances, such as a sudden blizzard he also doubts the legality of the idea under EU regulations.

The DfT tells Motor Transport that the consultation document is just that - an invitation to people to express views, which will be considered before a final decision is taken.

• n The implementation of EU regulations also raises concern about a change in the definition of driving time, to include time spent moving a truck off-road, for example inside a large quarry or port. The RHA is meeting DfT officials this week to urge a rethink, allowing a journey to end at the point of arrival at premises.

Contracts 'need to be reviewed'

Haulage contracts will be reviewed and "fine-tuned" in the light of the new drivers' hours regulations, lawyer Gary Hodgson predicts. Consignors, freight forwarders and others are "co-liable" for drivers hours offences and have a legal responsibility to "ensure that contractually-agreed scheduling times" comply with drivers hours rules. Contracts that specify multiple delivery times could be especially exposed, he suggests. Penalties on the "co-liable" are the same as for the operator, who under current plans will be committing an absolute offence if the driver breaks the law.