The changes to EU drivers’ hours rules for drivers engaged in tourism-related work (“occasional passenger transport services”) proposed by the EU, and deliberated at length throughout 2023, have now been published in the Official Journal of the EU and will take effect from 22 May 2024.

Background to the Changes

The changes reflect the EU’s recognition of the specific characteristics of occasional passenger transport services as being different and distinct from both the haulage sector and regular passenger transport services.

It has long been a source of frustration for the coach sector that the drivers’ hours rules fail to take into account the operational realities of tourism-based coaching working. Such operations are characterised by high seasonality, generally far less driving time than that of drivers undertaking haulage or regular passenger transport services, rare night-time driving, journey times and distances dependant on the specific tourism-related activity being undertaken by passengers, the need to accommodate passenger requests (such as impromptu/additional stops and changes of route) and drivers who typically take their rest periods in hotels. Subjecting drivers on these types of operation to the same drivers’ hours rules as lorry drivers and drivers on regular passenger transport services has long seemed non-sensical.

The changes introduce greater flexibility over the scheduling of breaks and rest periods (to reflect the operational reality of tourism-related coach work) without altering the rules on minimum break and rest periods or maximum driving times – they should not therefore in any way jeopardise road safety.

The Changes

The changes introduce:

1. Greater flexibility as to how drivers may take the 45-minute minimum break required after 4.5 hours’ driving by allowing drivers to split their break into two periods of at least 15 minutes each (as opposed to the current rigid requirement for either a full 45-minute break or a break of 15 minutes followed by a break of 30 minutes). This means drivers could still choose to take a 15-minute break followed by a 30-minute break, but they could also take, for example, a 22-minute break followed by a 23-minute break (or any other combination of 2 breaks totalling at least 45 minutes, so long as each break is of at least 15 minutes). Drivers may also choose to take longer and/or additional breaks.

2. Postponement of the daily rest period in certain circumstances “provided that road safety and the working conditions of the driver are not thereby jeopardised” by allowing:

• a coach tourism driver on a journey of six consecutive days or longer to, on one occasion during that journey, extend their working day by up to one hour where the daily driving time on that day does not exceed 7 hours; and
• a coach tourism driver on a journey of eight consecutive days or longer to, on two occasions during that journey, extend their working day by up to one hour where the daily driving time on those two days does not exceed 7 hours.

3. Extension of the 12-day rule (i.e. the postponement of the weekly rest period for up to 12 consecutive 24-hour periods following a previous regular weekly rest period) that currently applies to international tour work only to national tours taking place within one country. This recognises that drivers engaged on national coach tour work might well in fact be working under the same conditions (in terms of distance travelled, duration of journey etc.) as drivers engaged in international tour coach tour work; limiting the 12-day rule to international coach tour work therefore distorts fair competition between operators.

Will the changes apply in the UK?

The short answer is ‘no’. The changes are being introduced by EC Regulation 2024/1258, which amends EC Regulation 561/2006 (the main legislation governing EU drivers’ hours rules). The new regulation will have effect in the EU and will introduce the changes in all EU members states; however, the changes will not automatically extend to the UK.

Whilst EC Regulation 561/2006 does also govern EU drivers’ hours rules in the UK, this is the version of EC Regulation 561/2006 that was in force, and retained in UK law, at the point at which the UK left the EU. Any subsequent changes to EC Regulation 561/2006 (such as these) introduced in the EU post-Brexit will only have effect in the UK if separate UK legislation is introduced to amend our retained version of EC Regulation 561/2006.

That said, UK drivers driving in the EU after 22 May 2024 will be able to benefit from the changes relating to the 45-minute break and the postponement of daily rest, but only whilst they are driving in the EU (they will not be able to benefit from the extension of the 12-day rule to domestic tours). If operators intend to make use of these rules on operations in the EU, they must train drivers on the relevant rules and when they might be applied, and should retain accurate records of that training.

The use of the ‘new’ rules by UK drivers whilst driving in the EU does, however, pose further questions and challenges.

For example, will existing tachograph analysis software be adequately equipped to recognise the ‘new’ lawful 45-minute break configurations where drivers have been driving in the EU? In the short term at least, it seems likely that transport managers will find themselves handling many more reported infringements where anything other than a full 45-minute break or the long established 15-minute followed by 30-minute break pattern has been taken. It will therefore fall to the transport manager to investigate each of these to establish, based on evidence of where the driver was at the time the break was taken, whether they are infringements or are in fact lawful break combinations under the ‘new’ rules. A ‘human element’ to operators’ drivers’ hours analysis (as opposed to simply relying on what the software says) is vital to effective management of drivers’ hours compliance and will be central to monitoring compliance with the ‘new’ rules.

It also remains to be seen how DVSA and other enforcement agencies will deal with the ‘new’ rules both at the roadside and during investigations of drivers’ and operators’ drivers’ hours compliance. It seems logical to assume they will analyse tachograph data based on the UK rules (as that is the law that applies in the UK!), so it will fall to the operator to demonstrate – through evidence - that any alleged offences were not in fact committed because the driver had taken a lawful break combination and/or lawfully postponed their daily rest at a time when they were in the EU. Accurate record keeping and effective internal analysis will be key!

There is no guarantee that the UK will adopt the changes being introduced in the EU; however, the trade associations representing coach operators in the UK (CPT, RHA Coaches and UKCOA) are in ongoing dialogue with the Department for Transport pushing for these, and wider proposed, changes to the drivers’ hours rules and – given the inevitable potential for distortion of the level playing field between UK and EU operators if the changes are not adopted in the UK, it would seem sensible for there to be legislative change on the horizon.