Is off-road exempt?
4th November 2010, Page 24
4th November 2010
Page 24
Page 24, 4th November 2010
— Is off-road exempt?
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An operator has work in a dock area and would like to operate his vehicles around the clock, especially at the weekend when the docks are quieter. As the work is off-road will the drivers he exempt from EU drivers' hours rules?
No, there are several issues to consider. A derogation applies to vehicles used exclusively on roads inside freight hubs such as docks. Driving to and from their operating centre means the derogation doesn't apply. Even if the operator left the vehicles in the docks, the drivers' travelling time to and from them is counted as EU duty time because they are not at their normal operating base.
If any of the drivers were subject to EU hours during the working week, they would have to comply for the whole week.