Drivers’ hours and working time laws incorporate many different offences that may apply to both drivers and their employers.
Drivers’ hours law
UK regulations include a number of specific offences and infringements when it comes to drivers’ hours, all of which apply to both the domestic hours rules and EC hours rules.
Failing to install or use a tachograph in accordance with the rules, which attracts a level 5 fine.
Deliberate falsification of tachograph
records, which can result in up to two years in prison and/or a fine and applies both to drivers and anyone whose orders they have been following. Note that ‘falsification’ is taken to include destruction of records, suppression of records and omission from records of relevant information.
Permitting the falsification of records, which attracts a level 5 fine. A good example would be if an operator did not actually order the falsification of records but did not take reasonable steps to prevent that falsification.
Producing, supplying or installing products that interfere with the function of the tachograph or the records it produces, which attracts a level 5 fine.
Providing information that would assist other parties in producing such devices, which attracts a level 5 fine.
Obstructing enforcement officers who are lawfully going about their business or failing to comply with a lawful request from an enforcement officer, which attracts a level 5 fine. Examples include refusing to supply the requested tachograph records or refusing to allow inspection of a digital tachograph driver’s card.
Level 4 fines are currently up to £2,500 and level 5 fines are currently up to £5,000.
Working time rules
Under UK implementation of the Road Transport Directive the main offences that apply are:
Failing to comply with any of the relevant requirements of working time law, which attracts a fine up to the statutory maximum.
Contravening any requirement imposed by an inspector, which attracts a fine up to the statutory maximum.
Preventing or attempting to prevent any other person from appearing before an inspector or from answering any question posed by an inspector, which attracts a fine of up to level 5.
Contravening any requirement or prohibition imposed by an improvement notice or prohibition notice, which attracts up to two years’ imprisonment and/or a fine up to the statutory maximum.
Intentionally obstructing an inspector in carrying out his lawful duties, which attracts a fine of up to level 5.
Making a statement you know to be false, which attracts a fine up to the statutory maximum.
Current statutory maximum fines are £5,000 in a Magistrates' Court and unlimited fines in a Crown Court. Level 5 fines are currently up to £5,000.
Any convictions for breaches of the drivers’ hours rules could result in disciplinary action being taken against an operator’s licence and may also be taken into account in terms of the revocation, granting or renewal of a driver’s vocational licence.
Drivers of GB-registered vehicles can also be prohibited from driving
if they appear to have broken the hours rules
if they will break those rules by continuing to drive
if they appear to have a falsified tachograph record
if they obstruct an enforcement officer or fail to comply with their instructions.
Anyone who flouts such a prohibition or who causes or permits the prohibition to be flouted faces a level 5 fine.
The penalties shown for offences under both drivers’ hours rules and working time regulations apply to each separate offence committed.
