Road Legal

Why are cab records needed?

At any time while driving or working, drivers need to be able to prove compliance with drivers’ hours rules. The particular records required depend on whether the driver is called upon to prove compliance with the EU drivers’ hours rules or the domestic UK hours rules. More information on current EU and domestic drivers’ hours rules. Bear in mind also that the EU drivers’ hours rules changed on 11th April 2007 and became more stringent. More information on the changes to EU drivers’ hours rules.

What records are required in the cab for domestic drivers’ hours rules?

Under the Drivers’ Hours (Keeping of Records) Regulations 1987 , not all operators are required to hold written records but where they are, drivers must use written log books or tachograph records to demonstrate compliance with the domestic hours rules.

Log books should include the employer’s name and operating licence details, some instructions on the use of the book itself, the driver’s details, the date the book was first used, the date the book was last used and should also contain weekly sheets and duplicates showing each day’s driving activities. See a sample of the information to be included in a log book.

Drivers are required to get their employers to sign each completed sheet, detach the duplicate and then return the book. Completed books must be kept by the driver for 14 days after the employer has signed the last sheet, then returned to the employer who must keep them for a further period of 12 months.

When do written records NOT need to be kept under domestic drivers’ hours rules?

• If the vehicle being driven on a particular day is not in scope of operator licensing.
• If the vehicle being driven is in scope of operator licensing but the driver doesn’t drive for more than four hours on the day in question and also does not drive outside a 50km radius of the vehicle’s operating centre on the day.
• If full tachograph records are kept in accordance with all legal tachograph requirements instead.

What records are required in the cab for EU drivers’ hours rules?

Under EU hours rules most large goods vehicles must be fitted with an approved tachograph and drivers must use that tachograph to record their daily driving activities.

When using an analogue tachograph, drivers must enter all their details on the chart including:

• Name
• Vehicle registration
• Date and place where the driving record begins and ends
• Time of any change of vehicle
• Relevant odometer readings

At any time, drivers may need to show:

• All tachograph charts for the current day and the previous 28 calendar days
• Any additional manual records that may be relevant

VOSA FAQ on drivers’ hours and tachograph rules.

When using a digital tachograph, drivers must insert their driver’s card into the vehicle unit before commencing driving so that all the relevant details can be written to it. At any time when driving – even if driving a vehicle equipped only with an analogue tachograph – drivers who have been issued with a driver’s card may be call upon to produce:

• The driver’s card itself
• Any relevant hard copy printouts from the digital vehicle unit

More information about digital tachographs.

Are any records required in the cab to prove working time compliance?

No. Under the UK rules that implement the Horizontal Amending Directive and the Road Transport Directive the onus is on employers, not employees, to keep working time records.

Points to Ponder

Drivers have a legal obligation to keep the records required by drivers’ hours regulations and both enforcement officers and Traffic Commissioners will take a very dim view of any failure to produce appropriate records when required.

It is a serious offence for drivers to flout the drivers’ hours rules AND for employers to cause or permit a driver to do so and action may be taken against both the driver’s driving licence and the employer’s operating licence as a result.

Updated by Lucy Wood & Anton Balkitis
www.keepmeontheroad.co.uk
Freephone: 0800 046 3066