M agistrates are demanding clarification of hours laws Following a hearing
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which concluded there is no obligation For drivers to record their working hours before taking over a vehicle.
Although the three drivers allegedly started and finished work a considerable time before that shown on their tachograph charts, they had no case to answer, Harrogate magistrates concluded last week (see page 26).
The case hinged on whether the driver legally has to fill in a timesheet before and after a tachograph is used, says defending lawyer John Backhouse.
Although no formal legal precedent can be set by the case, the decision by Harrogate magistrates is likely to influence magistrates' decisions in the future.
The United Road Transport Union says the case highlights a need for drivers to be aware of their legal obligations during the complete working day, rather than while operating a vehicle. The union is calling for a shorter working day for drivers of 12.5 hours; general secretary David Higginbottom says there is increasing pressure from employers for drivers to carry out other duties before driving.