There’s an elephant in the room.
It’s big, and blue-coloured with gold stars. It also has a name - the EU Mobility Package. Which is an odd name for an elephant, but don’t be fooled... it’s still potentially a jumbo issue.
Whilst we’re leaving the EU proper in a matter of weeks, under the transition agreement, regulations that come into force before December 31st have to be adopted into UK law. The Mobility Package is one of them, so our EU elephant will shortly be wearing the Union flag.
Elephants aside, the Mobility Package came into force on August 20th 2020. While most of the package deals with international journeys, it also calls for EU-wide harmonising of the enforcement of a particular piece of regulation which will have the greatest impact on domestic operations. As a result, the DVSA will now be enforcing EU562/2014 Article 36 & 34. Basically, all drivers are now required to have a full 28 days records of all activity and inactivity for each and every day on their digi-card. Simply put, for periods when the driver is away from the vehicle, these need to be input manually prior to commencing their next period of driving. Fine if this is just a daily or weekly rest - but potentially a real pain for occasional/casual drivers.
Let me explain.
Article 36 requires drivers to have ‘the current day and the previous 28 days as required under this Regulation and Regulation (EC) No 561/2006,’ and Article 34 states that (b) if the vehicle is fitted with a digital tachograph, records must be entered onto the driver card using the manual entry facility provided for in the tachograph' (for those that like their regulation, more detail can be found below).
In other words, all drivers are required to have a full 28-day record of all their activity including driving (availability, out of scope driving, other work etc.) and inactivity (breaks, rest periods, annual leave, sick leave etc.) for each and every day on their digi card. Periods when the driver is away from the vehicle need to be input manually prior to commencing their next period of driving.
Now, this is fine if it’s just a daily or weekly rest, and the driver actually knows how to - and can complete - a manual entry (although from experience this is not always the case). But it’s a complete pain in the proverbials when it comes to the issue of occasional drivers, agency drivers or relief drivers who have been doing other work for days or even weeks. It will take some time to both input all that and get it correct.
Hardly an early Christmas present – but I can make it a happier new year, and explain how you can get to grips with the Mobility Package and stay compliant for 2021. For advice on this or any other aspect of transport regulation, elephant-related or otherwise, please call 01275 390001 or email admin@transportmanagersolutions.co.uk.
Merry Christmas!
And for reference:
Article 36 Records to be carried by the driver
1.Where a driver drives a vehicle fitted with an analogue tachograph, he shall be able to produce, whenever an authorised control officer so requests:
(I) the record sheets for the current day and those used by the driver in the previous 28 days,
(ii)the driver card, if one is held, and
(iii)any manual records and printouts made during the current day and the previous 28 days as required under this Regulation and Regulation (EC) No 561/2006.
2.Where the driver drives a vehicle fitted with a digital tachograph, he shall be able to produce, whenever an authorised control officer so requests:
(i)his driver card,
(ii)any manual records and printouts made during the current day and the previous 28 days as required under this Regulation and Regulation (EC) No 561/2006,
(iii)the record sheets corresponding to the same period as that referred to in point (ii) during which he drove a vehicle fitted with an analogue tachograph.
3.An authorised control officer may check compliance with Regulation (EC) No 561/2006 by analysis of the record sheets, of the displayed, printed or downloaded data which have been recorded by the tachograph or by the driver card or, failing that, of any other supporting document that justifies non-compliance with a provision, such as Articles 29(2) and 37(2) of this Regulation.
165/ 2014 Article 34 Use of driver cards and record sheets
3. When, as a result of being away from the vehicle, a driver is unable to use the tachograph fitted to the vehicle, the periods of time referred to in points (ii), (iii) and (iv) of paragraph 5(b) shall:
(b)if the vehicle is fitted with a digital tachograph, be entered onto the driver card using the manual entry facility provided for in the tachograph.
