The Drivers' Hours (Goods Vehicles) (Keeping of Records) Regulations 1987
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ROAD TRAFFIC The Drivers' Hours (Goods Vehicles) (Keeping of Records) Regulations 1987
1. These Regulations may be cited as the Drivers' Hours (Goods Vehicles) (Keeping of Records) Regulations 1987 and shall come into force on 2nd November 1987.
2. The Drivers' Hours (Keeping of Records) Regulations 1976[3] and the Drivers' Hours (Keeping of Records) (Amendment) Regulations 1986[4] are hereby revoked.
3. In these Regulations, unless the context otherwise requires- "the Act" means the Transport Act 1968; "driver's record book" means a book which complies with regulation 5, and any reference in relation to a driver's record book to a front sheet, instructions to drivers for completion of sheets, and weekly record sheets is a reference to those components of a driver's record book referred to in regulation 5. "operator's licence" has the same meaning as in section 60(1) of the Act; and "passenger vehicles" and "goods vehicles" have the same meaning as in section 95(2) of the Act.
4. Subject to the provisions of regulations 12 and 13 these Regulations apply to drivers of goods vehicles and to employers of employee-drivers of such vehicles but they do not so apply in relation to a journey made or work done by a driver in a case where the journey or, as the case may be, the work is a journey or work to which the applicable Community rules apply.
5. A driver's record book shall contain-
6.—(1) Where an employee-driver is required by these Regulations to enter information in a driver's record book the employer shall issue to him and from time to time as may be necessary while the employee-driver remains in the employment of that employer supply him with a new driver's record book. (2) If on the date of the coming into operation of these Regulations or at any time thereafter an employee-driver has more than one employer in relation to whom he is an employee-driver of a vehicle, the employer who is to issue a new driver's record book to him shall be the employer for whom the employee-driver first acts in the course of his employment on or after the said date or time. (3) Where during the currency of a driver's record book an employee-driver ceases to be employed by an employer who has issued that book to him he shall return that book, (including all unused weekly record sheets), to that employer and, if he is at that time employed by some other person or persons in relation to whom he is an employee-driver of a vehicle, that other person, or if there is more than one such other person, that one of them for whom he first acts in the course of his employment after ceasing to be so employed as aforesaid, shall issue a new driver's record book to him in accordance with the provisions of paragraph (1) above.
7.—(1) An employer of an employee-driver or an owner-driver shall enter or secure that there is entered on the front sheet the information specified in items 4 and 6 of that sheet. (2) The entries referred to in paragraph (1) shall be made-
(3)
(4) A driver shall enter, and where he is an employee-driver, his employer shall cause him to enter, in accordance with the instructions to drivers for the completion of sheets-
(5) A driver when making an entry in a weekly record sheet (including signing such a sheet) shall ensure by the use of carbon paper or otherwise, that the entry is simultaneously reproduced on the duplicate of that sheet.
8.—(1) Where a weekly record sheet has been completed by an employee-driver he shall deliver the driver's record book (including the duplicate of the weekly record sheet which has been completed) to the employer who issued or should have issued the record book to him within a period of seven days from the date when the weekly record sheet was completed or earlier if so required by the employer. (2) An employer to whom a driver's record book has been delivered pursuant to paragraph 1 above shall-
(3) When all the weekly record sheets in a driver's record book have been used, the driver shall retain the book for a period of fourteen days from the date on which the book was last returned to him pursuant to paragraph (2)(c) above and shall then return the book to the employer as soon as is reasonably practicable. (4) When a weekly record sheet has been completed by an owner-driver he shall, within a period of seven days from the date of its being completed, detach the duplicate sheet and deliver it to the address which is required to be entered in item 4 on the front sheet. (5) An employee-driver or an owner-driver shall not be treated as having failed to comply with any of the requirements of paragraphs (1) and (4) above with respect to the period within which the duplicate of a weekly record sheet shall be delivered if he can show that it was not reasonably practicable to comply with that requirement and that the duplicate of the weekly record sheet was delivered as soon as it was reasonably practicable to do so. (6) A driver who is in possession of a driver's record book in which he has made any entry pursuant to regulation 7 shall not, until all the weekly record sheets in that book have been completed, make any entry in any other record book. (7) An employee-driver shall not make any entry in a driver's record book pursuant to regulation 7 if the book was not supplied to him by his employer unless a driver's record book so supplied was not available to him. (8) No person shall erase or obliterate any entry once made in a driver's record book, and if a correction is required it shall be made by striking the original entry through in such a way that it may still be read and by writing the appropriate correction near to the entry so struck through, and any person making such a correction shall initial it.
9.—(1) Where an employee-driver has or has had during any period more than one employer in relation to whom he is an employee-driver each employer, who is not the employer who is required by these Regulations to issue a driver's record book to that employee-driver, shall require that driver to produce his current driver's record book and shall enter on the front sheet the information contained in item 5. (2) An employee-driver shall produce his current driver's record book for inspection by the employer who issued it to him, or by any other person in relation to whom he is at any time during the period of the currency of that book an employee-driver, whenever required to do so by that employer or that other person.
10. A driver shall have his current driver's record book (including all unused record sheets) in his possession at all times when he is on duty.
11.—(1) An owner-driver shall preserve his driver's record book intact when it has been completed or he has ceased to use it, and the employer of an employee-driver to whom any driver's record book relating to that employee-driver has been returned shall preserve that book intact, for the period specified in paragraph (3) below. (2) An employer of an employee-driver or an owner-driver who has detached duplicates of weekly sheets pursuant to regulation 8(2)(b) or as the case may be regulation 8(4) shall preserve those sheets for the period specified in paragraph (3) below. (3) The period for which driver's record books and duplicates of weekly record sheets must be preserved as required by this regulation shall be one year reckoned, in the case of an owner-driver, from the day on which that book was completed or ceased to be used by him, or in the case of an employee-driver, from the day on which that book was returned to his employer pursuant to regulation 8(3).
12.—(1) Where a driver does not during any working day drive any goods vehicle other than a vehicle the use of which is exempted from any requirement to have an operator's licence or, in the case of a vehicle in the public service of the Crown, would be so exempted by virtue of section 60(2) of the Act, were it not such a vehicle, that driver and, if he is an employee-driver, his employer, shall be exempted for that period from the specified requirements. (2)
(3) Where during any working day a driver does not spend all or the greater part of the time when he is driving vehicles to which Part VI of the Act applies in driving goods vehicles, then he and, if he is an employee-driver, his employer shall be exempted for that working day from the specified requirements. (4) Where a vehicle is used in such circumstances that by virtue of regulation 5 of the Community Drivers' Hours and Recording Equipment (Exemptions and Supplementary Provisions) Regulations 1986[5] Council Regulation (EEC) No. 3821/85 of 20th December 1985 on recording equipment in road transport[6] applies to the vehicle, the driver of the vehicle and, if he is an employee-driver, his employer shall be exempted from the specified requirements in relation to the use of the vehicle in those circumstances. (5)
13.—(1) Subject to the provisions of regulation 12(3), regulations 7 and 10 apply to a driver who in any working week drives goods and passenger vehicles as they apply to a driver who only drives a goods vehicle and the information to be entered in the driver's record book pursuant to regulation 7 shall be information in relation to his employments in connection with both goods and passenger vehicles. (2) If a driver of both goods vehicles and passenger vehicles has a different employer in relation to his employment in connection with goods vehicles from his employer in relation to his employment in connection with passenger vehicles his employer for the purpose of regulation 6 shall be his employer in relation to his employment in connection with goods vehicles notwithstanding the provisions of regulation 6(2).
Notes: [2] S.I. 1970/1681, 1979/571 and 1981/238. back [6] O.J. L370, 31.12.85, p.8. back [7] Section 92 was amended by section 52(1) of the Transport Act 1982 (c. 49). back |
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