Section 19 And All That
Page 80
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CLOSELY allied to the topic of log sheets discussed a fortnight ago is the vexed problem of drivers' hours. Whether in Parliamentary debate, reports of court cases, or--by far the most frequent cause—repercussions resulting from daily scheduling of duties, the subject is receiving increased attention from many quarters. Yet the basis of all these difficulties— Section 19 of the Road Traffic Act, 1930—is contained in a few parigraphs, and provides an excellent example of how misleadingly innocuous such regulations-can appear. to be.
Vehicles to which the section refers are public service vehicles, heavy and light locomotives, motor
tractors or any motor vehicle constructed to carry goods other than the effects of passengers. Vehicles not constructed to carry a load are termed motor tractors if they arc up to 74 tons in weight, light locomotives between 74-111 tons, and heavy locomotives if they exceed 111 tons. As the law sOaks of vehicles "constructed to carry goods," rather than to goods vehicles, it applies whether they are loaded or not, because construction, rather than use, is the determining factor.
The sub-section dealing with the period for which a driver may remain on duty states that no one may drive or cause anyone to drive for a continuous period of more than 51 hours. Any two or more periods are deemed continuous unless separated by an interval of not less than half an hour in which the driver is able to obtain rest and refreshment.
These continuous periods must not total more than 11 hours in any 24-hour period commencing at 2 a.m., so that the driver has at least 10 consecutive hours for rest in any period of 24 hours calculated from the beginning of any period of driving. This rest period may be reduced from 10 to nine hours if the driver has at least 12 consecutive hours' rest in the next following period of 24 hours.
What Driving Time Is Any time spent by a driver on other work in connection with a vehicle or the load is deemed to be driving time. In the case of a public service vehicle, any time spent on a vehicle while on a journey in any other capacity than as a passenger is also reckoned as driving time.
Where a vehicle is operating on agricultural or forestry work a person is not deemed, to be driving so long as the vehicle is elsewhere than on a road. Motor vehicles used for fire brigade or ambulance purposes are also exempt from the restrictions on drivers' work time. A person shall not be liable to conviction if he can prove that contravention was due to unavoidable
n32 delay in the completion of any journey arising out of circum stances which he could not reasonably have foreseen. • The Minister of Transport may, on application from a body approved by the Minister of Labour, vary the period of time prescribed in the Section after referring the matter to the Industrial Court for advice, if he thinks the variation would not be detrimental to the public safety.
Following such an application, a variation of the provisions of Section 19 was made in 1934 and applies to drivers of goods vehicles operating under A or B licences issued in England or Wales. This provides that in any period of 24 hours, where only one period of duty is worked, the limit may be extended from 51 to eight hours, but the driver must then be allowed intervals of rest and time for refreshment totalling at least 40 minutes. One of the intervals must be not less than 20 minutes, and be taken between the second and fifth hour of duty.
This concession also allows a driver who is employed by the week and receives at least one complete day's rest of -24 hours in each week, to drive for 12 hours instead of 11 hours, on not more than two days a week, so long as he spends some part of the 12 hours in waiting or in connection with loading or unloading the vehicle.
A variation made in 1937 permits the driver of a public service vehicle to work a through shift of flf hours where this is the only duty in any period of 24 hours and if the intervals for signing on and off, checking the vehicle and lay-over time total at least 45 minutes. A maximum of eight hours is permitted if the intervals total 40 minutes.
Longer Spells at the Wheel
Where a public service vehicle driver's duties do not exceed two periods totalling 81 hours per day, the limit of 54 hours' continuous driving may be increased to 64 hours, provided at least 45 minutes' non-driving time is distributed over both periods, and the driver has at least 12 consecutive hours for rest in the period of 24 hours calculated from the commencement of the first period of driving.
If between any two periods of driving of express or contract carriages there is an interval of not less than four consecutive hours at a destination during which the driver is able to obtain rest and refreshment, the period of eight consecutive hours may be substituted for 10 consecutive hours for rest on any one day in seven, or on two days if the period of seven consecutive days includes a Bank Holiday.