Van Driving Hours: The Law
If you spend a large proportion of your working day behind the wheel of a van then it is important to understand the laws around van drivers’ hours.
You may not be aware that there is a legal limit as to how many hours you can spend driving a van during working hours for safety reasons.
Spending an excessive period driving without taking necessary breaks could lead to fatigue and a loss of concentration, thus putting yourself, passengers or other road users at increased risk.
To combat this, Legal Driving Hours for Van Drivers UK laws have been introduced to ensure drivers adhere to road safety and avoid fatigue on the road.
They are:
- GB Domestic Rules
- EU Rules
GB Domestic rules broadly cover van drivers as they are built around a framework for drivers of commercial goods vehicles under 3.5 tonnes. These rules apply to England, Scotland and Wales only [Northern Ireland has separate regulations).
EU Rules apply to heavy-goods vehicles over 3.5 tonnes – such as large trucks – though this covers a handful of large commercial vehicles that exceed this limit to therefore be covered by this law instead. EU Rules still apply in this area despite the UK leaving the European Union.
Penalties For Exceeding Van Driving Hour Limits
Goods drivers’ time limits have been introduced to help ensure safety on the road. Exceeding the limit can have dire consequences by making a driver more susceptible to an incident through fatigue, which can lead to a loss of concentration or judgement.
As such, penalties and punishment for breaking these laws are strict with fines, points on your licence and vehicle seizure among the penalties.
Serious offences can lead to a prohibition notice, while fixed penalty amounts will depend on the severity of the offence. If your vehicle is seized, you’ll be required to rectify the issue and pay a charge for the release of the van.
Even if you do avoid a custodial sentence, points on your licence could affect your employment status depending on your company policy regarding driving a commercial vehicle when close to an outright ban.
Van Drivers’ Hours - GB Domestic Rules
GB Domestic Rules apply to most passenger-carrying and goods vehicle that are not required to follow EU Rules because they weigh less than 3.5 tonnes (payload including vehicle, cargo and passengers).
If you drive a goods vehicle, you must follow:
- On Duty Time (Hours)
- Daily Driving Limits (Hours)
- Daily Duty Limits (Hours)
On Duty Time
On Duty Time is classified as any working time if your job is as a driver for a company. If you’re self-employed, duty time is only time spent driving the vehicle or completing other work related to a vehicle or its load.
Daily Driving Limit
- 10 Hours A Day
According to GB Domestic Rules, you must not exceed more than 10 hours in a day when driving, both on a public road and off-road if not during duty time. Off-road driving counts as duty time if it involves agriculture, quarrying, forestry, building work or civil engineering.
Daily Duty Limit
- 11 Hours Any Working Day
The law stipulates that you must not be on duty for more than 11 hours in any working day if you drive. This is to allow rest time to elapse between shifts for you to recover sufficiently before driving again.
This limit does not apply on any working day when you do not drive.
You must record your hours on a weekly record sheer or on a tachograph.
Exemptions
Exemptions for the Daily Duty Limit for vehicles weighing less than 3.5 tonnes include:
- Doctor, dentist, nurse, midwife, vet
- Inspection, cleaning, maintenance work
- commercial travellers when carrying goods/for the purpose of soliciting orders
- while working for the AA, RAC or RSAC
- cinematography, radio or television broadcasting
All GB Domestic Rules exempt those who:
- are dealing with an emergency
- are using a vehicle for private use
- drive off-road or on private roads during duty time
- drive a vehicle used by the armed forces, police or fire brigade
EU Rules
EU Rules still apply despite the United Kingdom leaving the European Union. They apply if your vehicle combination is more than 3.5 tonnes and you are driving in the UK or to/from/through an EU country.
EU Rules Driving Hours
- 9 hours in a day – this can be extended to 10 hours twice a week
- 56 hours in a week
- 90 hours in any two consecutive weeks
It is law that you record all driving you do under EU rules on a tachograph
Breaks & Rest
- At least 11 hours rest every day – reduced to 9 hours rest three times between two weekly rest periods
- Unbroken rest period of 45 hours every week – reduced to 24 hours every other week
- Break or breaks totalling at least 45mins after no more than 4hr 30mins driving
- Weekly rest after six consecutive 24-hour periods of working, starting from the end of the last weekly rest period taken
Compliance
Van leasing companies must ensure their clients are aware of and comply with EU Rules on van driving hours, as failure to do so can result in penalties and legal action.
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