CruEMU 0112
Page 47
If you've noticed an error in this article please click here to report it so we can fix it.
FORD & WAIkkEN SOLICITORS
COMMENT
Last week the European Court gave yet another ruling to further clarify the EU Drivers Flours Regulations.
The decision related to the often abused Article 12, which allows a driver to depart from the provisions of the regulations to protect the safety of passengers or the security of his load.
This is the third time in two years where the European court has clarified the Drivers Hours Regulations which came into force more than 10 years ago.
Readers will remember the clarification of the 45-minute break rules, when a split break is taken and the further clarification of daily rest periods.
ik Is it a coincidence that each 11. of these decisions—which are the only major decisions under the regulations—have been made following a reference from the English courts?
Could it be that the courts in other European Union member states are not too concerned about the Drivers Hours Regulations? Or perhaps the number of prosecutions in those courts does not match those coming before the English courts?
In future editions of Legal Bulletin we will be examining the European Court decisions; particularly the use of Article 12. In the meantime, continued clarification from Luxembourg can only be welcomed.