The domestic legislation supporting the new driver’s hours directive was today pulled by the government from parliamentary rosters, just hours after a ‘fatal amendment’ was attached by conservative peer Lord Attlee.
It is unknown why the legislation has been removed from the list, which scheduled it for discussion in the Lords on the 26 April.
The European Directive 561/2006 will still come into force on 11 April, meaning that road transport operators will still need to abide by the new hours rules. However, the domestic version of these regulations which gives the government room for local interpretation may yet be changed.
Lord Attlee’s amendment recommended that the Lords reject the legislation because it did not meet the needs of the Armed Services or recreational users of heavy vehicles. He fears that without a derogation professional drivers volunteering for the Territorial Army will find they are in breach of the rules on weekend assignment.
Recreational or private users such as steam rally enthusiasts and Lord Attlee himself would also lose the exemptions they have previously had with regard to sealing and calibrating tachographs. “It will be a huge extra cost with no safety benefit, as the drivers can stop whenever they want. They are under no commercial pressure,” he told Commercial Motor.
It is unknown why the legislation has been removed from the debate list but suggests the government is making changes. These could be routine, but as it has already passed the Joint Committee for Statutory Instruments which checks that the law is properly drafted and within the scope of the original directive, this is unlikely.
Attlee hopes his amendment has instigated a policy change in the domestic legislation. If not he intends to re-table his amendment as soon as the legislation re-emerges.
No one from the Department for Transport could comment as we went to press.