legal
guide to UK motoring, sections for law enforcement, Driver licensing,
learner and new drivers, buying and selling, speeding fines, owning a
vehicle, wheel clamping, traffic information
The EU rules (Regulation (EC) 561/2006) apply to drivers of most passenger
vehicles constructed or permanently adapted to carry more than nine
people including the driver, used for the carriage of passengers within
the UK or between the UK and other EU and EEA countries and Switzerland.
Vehicle operations that take place off the public road or vehicles
that are never used to carry passengers on a public road are out of
scope.
A driver is anyone who drives a vehicle or is carried on the vehicle
in order to be available for driving.
Exemptions and derogations
The following table contains a list extracted from the full list of
exemptions in the EU rules and refers to those exemptions that might
apply to passenger-carrying vehicles regardless of where they are
driven within the EU
Note: In some cases, it may be necessary to refer to case law
for definitive interpretations.
The EU rules grant member states the power to apply derogations to
further specific categories of vehicles and drivers while on national
journeys. The following derogations have been implemented in the UK.
Note: In some cases, it may be necessary to refer to case
law for definitive interpretations.
In addition, the following vehicles are exempt from the EU rules in
GB after the European Commission granted a special authorisation:
Any vehicle that was manufactured before 1 January 1947; and
Any vehicle that is propelled by steam
If it is exempt from the EU rules due to the provisions listed
above then the vehicle will usually be in scope of the GB domestic
rules when travelling in GB
In addition to the derogations listed above, there is also a concession
in place from the daily and weekly rest requirements specified in
the EU drivers’ hours regulations for professional drivers who are
also members of the Territorial Army. The conditions of the concession
are:
a suspension of the requirement of taking a daily rest period
within a period of 24 hours when the driver commenced the weekly training
as a reservist or as an instructor in the cadet corps; and
a suspension of the requirement of taking a weekly rest period
at the end of the six 24 hour periods from the previous weekly rest
period when the driver commences his driving as a reservist or as
an instructor in the cadet corps.
A regular daily rest must still be taken before they start work for
their primary employer and a regular weekly rest must be taken no
later than at the end of the sixth day following training. This is
due to be transposed into domestic legislation during 2011.