The Community Drivers' Hours and Working Time (Road Tankers) (Temporary Exception) Regulations 2006

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(a) form Annexes A and B to the European Agreement Concerning the International Carriage of Dangerous Goods by Road (version applicable as from 1st January 2005)[3]; and

(b) are contained in Annexes A and B to Council Directive 94/55/EC, as amended, of 21st November 1994 on the approximation of the laws of Member States with regard to the transport of dangerous goods by road[4];

"the circumstances" means the exceptional circumstances occasioned by the fire at Buncefield fuel depot in Hertfordshire which began on 11th December 2005 and includes the effects or consequences of such exceptional circumstances;

"class 3 goods" shall be construed in accordance with sub-section 2.2.3.1.1 of ADR;

"road" means a road in Great Britain within the meaning of section 142 of the Road Traffic Regulation Act 1984[5];

"road tanker" means a tank-vehicle which is being used for the carriage of class 3 goods by road;

"tank vehicle" has the meaning in section 1.2.1 of ADR; and

references to the driving of a road tanker or the operation of a road tanker are to such driving or operation between the date of commencement of these Regulations and the end of 10th February 2006.

     3. —(1) Pursuant to Article 13(2) of Council Regulation (EEC) No.3820/85 of 20th. December 1985 on the harmonisation of certain social legislation relating to road transport [6], any time spent driving a road tanker to meet the circumstances shall not be taken into account for the purposes of Article 6(2) of that Regulation.

    (2) In relation to the driving of a road tanker to meet the circumstances, that Council Regulation shall have effect as if:—

(a) in Article 6, paragraph 1 first sentence, for "nine hours" there were substituted "ten hours" and the second sentence of that paragraph were deleted;

(b) in Article 8, paragraph 3 first sentence, for "45 consecutive hours" there were substituted "24 consecutive hours" and the remainder of that paragraph were deleted.

     4. —(1) Subject to paragraph (2), in relation to the operation of a road tanker to meet the circumstances—

(a) the Road Transport (Working Time) Regulations 2005[7] shall have effect as if in regulation 4(1), "66 hours" were substituted for "60 hours"; and

(b) time—


(i) which is spent driving a road tanker to meet the circumstances; and

(ii) which does not exceed 6 hours in a week



shall not be taken into account in calculating average working time for the purpose of regulation 4(2) of those Regulations.

    (2) Paragraph (1) shall have effect in relation to the working time of a person driving a road tanker, only if, when complying with Council Regulation (EEC) No.3820/85 as given effect by regulation 3, his working time would exceed—

(a) the maximum weekly working time prescribed by regulation 4(1) of the Road Transport (Working Time) Regulations 2005; or

(b) the average weekly working time prescribed by regulation 4(2) of the Road Transport (Working Time) Regulations 2005.

Signed by authority of the Secretary of State for Transport


S.J. Ladyman
Minister of State Department for Transport

9th January 2006

[2] S.I.1975/1707[and 1997/1174].back

[3] Current edition (2005): ISBN 92-1-139097-4 and corrigendum 1 (December 2004)back

[4] OJ No.L319, 12.12.94, p7.back

[5] 1984 c.27. The definition of "road" in section 142 was substituted by the New Roads and Street Works Act 1991 (c.22), section 168(1) and Schedule 8, paragraph 78(1) and (4).back

[6] O.J. No. L370, 31.12.85, p 1back

[7] S.I.2005/639.back