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Latest NewsNew Eastern Area Traffic Commissioner announced Mr Richard Turfitt has been appointed as the new Traffic Commissioner for the Eastern Area Traffic Office by the Secretary of State for Transport, Ruth Kelly. He took up his role at the beginning of May 2008.
Mr Turfitt is a barrister and, prior to his appointment by the DfT, headed the HSE Litigation and Enforcement Advisory Team, based in London. He was Legal Adviser to the statutory inquiry, under the chairmanship of Lord Newton, into the circumstances surrounding the Buncefield explosion. He therefore brings particular experience of the regulation of risks to employee and public safety to the role of Traffic Commissioner.
Senior Traffic Commissioner, Philip Brown, commented on the appointment: "I am delighted that the recent recruitment competition has resulted in someone of Richard's experience and calibre joining our team of regional Traffic Commissioners. Traffic Commissioners hold licence applicants and holders to account and ensure they operate with good repute, financial standing and professional competence to deliver services to their customers and passengers. It is an important role, and one in which I am sure Richard will excel."
In his new role, Mr Turfitt takes responsibility for the regulation of bus, coach and goods vehicle operators, and registration of local bus services.
The Traffic Commissioner for the Eastern Area is 37 years of age. He was brought up in rural Cornwall but currently lives in Kingston, where he is a Justice of Peace. He was in private practice in the Chambers of Joanna Greenberg QC at 3 Temple Gardens and then 3 Hare Court, the Chambers of William Clegg QC (now at 2 Bedford Row), before joining the Government Legal Service.
From 1st January 2008 the drivers hours regulations changed ....... again Drivers' must be able to produce at the roadside charts and legally required records for the current day and previous 28 calendar days - if a driver is using a vehicle fitted with an analogue tachograph he/she must still be able to produce their digital tachograph driver smart card, if they have been issued with one (even if its not yet been used to record drivers' hours). and on 6th February further news ............... On 6th February 2008 it was at last confirmed, by the publication of a government statutory instrument, that in-scope drivers' based within the UK must hand in to their operator all driver records within 42 days of completion. Digital tachograph driver card data must be downloaded by the operator every 28 days and vehicle unit data must be downloaded every 56 days. New and updated 'Rules on Drivers' Hours and Tachographs' published by VOSA Everyone who is operating or driving trucks that come within drivers' hours regulations (domestic or EU) must make sure they've got the latest copy of the the DfT publication - 'Rules on Drivers' Hours and Tachographs'. It was updated at the end of last year (November 2007) and is the best edition yet. It's easy to read and full of useful information and examples. Remember, both the operator and the driver of an in-scope vehicle are legally obliged to be aware of the regulations..... and stick to them!!! To access a copy online for view and/or download go to:- DfT GV262 November 2007 The Highway Code - essential reading Another 'must read' for professional drivers and everyone who drives/rides on or walks near a public highway (a book that is sadly very rarely found in the average motorists glove compartment) is the Highway Code. A new and updated version was published at the end of last year (2007) and an online copy can be found at: The New Highway Code The EU Drivers' Hours Regulations In the last couple of years the haulage industry has seen a number of additions, amendments and replacements to the rules and regulations that goods vehicle operators and vocational commercial truck drivers must adhere to, including the biggest change to the drivers' hours rules in over 22 years - the mandatory fitting of digital tachograph vehicle units into all in-scope vehicles from May 2006. On 11th April 2007 EU Regulation 561/2006 was finally implemented in full (apart from the 28 calendar days of records mentioned further up the page, which was implemented on 01.01.2008 !!). Regulation (EC) 561/2006 (Drivers’ Hours) The text of the regulation can be seen by clicking here Regulation (EC) 3820/85 has now been repealed and replaced by Regulation (EC) 561/2006
Regulation (EEC) 3821/85 has been amended to clarify specific obligations on transport undertakings and drivers as well as confirming the official date for mandatory fitment of the digital tachograph vehicle units, which in the UK was over two years ago; 1st May 2006. The text of the regulation can be seen by clicking here
Regulation (EC) No 2135/98 has been amended to enable the use of the digital tachograph to record drivers' hours, specifically the activities of a driver over a 28-day period to be recorded electronically on his/her personal driver smart card and electronic records of vehicle operations via the digital tachograph vehicle unit to cover a 365-day period to be stored within that vehicle unit. The text of the regulation can be seen by clicking here Key changes brought about by the implementation of Regulation (EC) 561/2006 include:
It had been found that, under the previous Drivers’ Hours Regulation (EEC) No 3820/85, it was legally possible to schedule daily driving periods and breaks to enable a driver to drive for longer than was originally intended. It had previously been acceptable to take breaks in three periods of 15 minutes. This meant that it was legally possible to drive almost 9 hours with only 15 minutes rest. However, the new rules have now been changed so that a driver can only take a break of AT LEAST 1 X 15 minutes followed by a break of AT LEAST 1 X 30 minute over a 4 and a half hour driving period. Even if the first break period is 20 or even 25/30 minutes it is still a requirement of the legislation that the second break MUST be AT LEAST 30 minutes. There is no longer an opportunity to split the 45 minute break in various ways. It's AT LEAST 15 minutes followed by AT LEAST 30 minutes over the four and a half hour driving period. Although, you can still opt for a 45 minute break at the end of the four and a half hour driving period. The new package has brought in an obligatory minimum daily rest of 9 hours for drivers (replacing the previous 8 hours) and an obligatory regular weekly rest period of at least 45 consecutive hours every two weeks.
Before 11th April 2007 one interruption of no more than 1 hour was permitted when undertaking a ferry crossing, with 2 hours compensation to be added to total rest period. Since 11th April 2007 ferry crossings can be interrupted not more than twice, of which the interruptions may be no more than 1 hour.
Every new in-scope vehicle that has entered service since 1st May 2006 must be fitted with digital tachograph recording equipment (a Vehicle Unit - VU). Drivers operating these vehicles must have been issued with a driver card (issued by DVLA in the UK) and adhere to the additional requirements this new type of recording equipment places upon them.
All drivers, irrespective of what type of recording equipment they are using, shall make available, on request at the roadside by authorised inspecting officers, the current record sheet and those produced/used in the previous 28 calendar days. This requirement came into force on 1st January 2008. Article 26 of the Regulation deals with the records the driver must be able to produce, which relates to the current record and those produced for the previous 28 days, which became a legal requirement from 1st January 2008. These periods apply both to analogue and digital records. Records of drivers’ hours, including analogue charts and printouts from digi-tac vehicle units, must be kept by the operator for at least 12 months, in chronological order*, and made easily available for inspecting officers.
*Article 26 requires that records and printouts are kept in chronological order. In the case of a damaged Driver Smart Card the regulation requires the driver to print out the details of the vehicle at the start of the journey and enter the details to enable the driver to be identified and signature; at the end of the journey print out the information relating to the period of time recorded by the equipment and again enter details that will identify the driver and signature.
All drivers, irrespective of what type of recording equipment they are using, must record “other work” under: “Periods of Availability - POA ” must be recorded under the box mode to ensure compliance with the Road Transport (Working Time) Regulations 2005. Article 26 stipulates that 'other work', including work for another employer within or outside the sector, is recorded under the cross hammer symbol shown above and that 'availability' is now recorded under the box symbol.
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