Fundamental changes to the rules on drivers' hours, tachographs and enforcement were published in the April 2006 edition of the EU's Official Journal. Some took effect on May 1st, others will not be activated until April 2007 and January 2008.

Transport lawyer Gary Hodgson warns that these changes require careful consideration and will affect the profitability of all UK operators unless there is careful planning on how driver's work is organised and controlled in the near future.

"The existing drivers' hours rules are to be significantly amended and more firms will be expected to comply when they lose their current exemption." He points out that the next changes take effect in less than 12 months' time, on April 11th, 2007.

All Change

And the new rules for recording drivers' hours, the mandatory fitment of digital tachographs and their use, which took effect from May 1st this year, cover the familiar analogue equipment and its users as well as the new digital tachographs and their users.

Hodgson sees the introduction of the digital tachograph as an effective tool. "It is clear that the EU recognises the road safety implications of professional driver fatigue resulting from excessive working or driving time and taking minimal rest periods," he says. "The digital tachograph has been introduced to ensure a more secure and accurate means of recording and storing information on driving time, breaks, rest periods and other work. It has been designed to allow faster, more accurate checking of data and to reduce fraud.

"The digital tachograph is a small part of the EU's means to strengthen the enforcement of the rules on drivers' working time.

"The EU recognises that there needs to be constant and uniformed application and enforcement of all regulations relating to road transport, which includes enforcement of  all working time ules."

And it is not just operators who will be affected by this new legislation. Hodgson points out: "The EU wants a greater number of checks at the roadside and especially at the premises of not only the operator but also where there could be coliability by shippers and other employers, eg, agencies.

"There will be a diversity of checks including, as we know, fixed penalty fines. There is to be more co-operation between member states to harmonise checks and sanctions against HGV drivers but this may not result in a level playing field."

He expects the quality of checks to rise as digital tachographs replace analogue and that it will become the predominant means of identifying infringements quickly and accurately. The new regulations, he says, reflect the EU's view that deterrence is not only the potential fine imposed but the likelihood of being detected. An increase in the number of checks can therefore encourage greater compliance.

Roadside Checks

"The new regulation requires member states to carry out a minimum overall percentage of checks of 1%. This figure is to be increased to 3% of all working days. The EU has," he says, "raised the minimum proportion of checks to be carried out at the roadside or on premises. The proposal is for at least 30% of checks to be at the roadside and at least 50% at premises."

He points out that the EU believes that checks at the premises of transport operators are more effective than roadside checks. Such checks are thought to encourage transport firms to maintain good safety management practices.

Hodgson reports that the EU expects the whole of the road network in the UK to be the subject of targeted and structured roadside checks but still with a random element. "It is important," he says, "for operators to be aware that the basis of roadside checks will also include the working time and night-time working."

A list of offences considered by the agencies to be 'serious' will be drawn up to ensure common enforcement priorities thoughout the EU.

Gary Hodgson reports further that the EU expects checks at the operator's premises to follow the detection at the roadside check of "serious' breaches of driving time and working time rules.

His view is that the more charts required to be carried by the driver the more effective the roadside check is in determining whether there is a culture of non-compliance by an operator that calls for investigation.

"Working time rules will be checked at the roadside and checks at operator's premises are expected to be thorough," he says. "There will still be the option to request that documentation is requested by post and sent to the enforcement agencies accordingly.

The EU has introduced the concept of a co-ordinating body" This, he points out, will be significant because it will involve all EU enforcement agencies and will deal with the exchange of information, intelligence and experience. It will also be a monitor of national enforcement.

Traffic Lights

To encourage a more effective and targeted enforcement effort and a more appropriate application of sanctions Hodgson confirms that there will be a "common risk rating system' so that companies that keep to the rules can expect fewer checks than those that have a poor record. The EU believes this will be a more efficient use of the enforcement agencies' resources but Hodgson fears that it could be unfair because most operators will already have been categorised under the existing 'traffic light' scheme as a red, amber or green according to their compliance history.

Companies could be awarded green status that do not merit it.

What else has be added to VOSA's armoury in the fight against non compliant operators?

Hodgson is aware that a new GPRS linked mobile compliance device is being issued to VOSA that not only reads digital tachographs but also has up-to-the-minute data on any operator, driver or vehicle from various government databases.

He explains: "Live data on a vehicle's technical specification such as plating and testing can be called up, details of any operator inquiries, for example fleet technical records, previous vehicle encounters, where, when and by whom, are available. Vehicle encounters can be entered live on to the database. Documents such as PG9s can be produced and issued."

By the end of May he says all areas will be using these devices and that in stage 2 they will be able to display an operator's compliance record statistics to assist in targeting non compliant operators: the traffic light system. The device will also be used to issue fixed penalties.

Hodgson warns that the enforcement net is going to be cast even wider so that the sanctions are not only going to be enforced against the transport operator but also those own the transport chain who could be said to have aided and abetted an infringement resulting in financial gain. Financial sanctions will be expected to be proportionate. These penalties, in his view, are likely, as with health and safety prosecutions, to be based on turnover.

A Step Ahead

He identifies six steps that operators must take immediately to keep those traffic lights on green:

• ensure driver training is up to date
• ensure traffic office staff training is up to date
• review their systems for compliance
• review the work schedules and journey planning to establish whether they are still going to be compliant with the new drivers' hours rules
• review costings for additional staffing requirements and equipment changes
• review contracts with customers

Hodgson's advice is not just to vehicle operators but also to any undertaking in the transport chain.

"The EU wants improvements in enforcement of community law on road transport," he says. "It is determined to do this by tightening the checks and penalties against the rule breakers. These changes are going to affect operators large and small."

Ford & Warren Digital Tacho Web Site