Temporary relaxation of driving & rest times due to Holyhead closure impact

Photo courtesy: Christopher Williams

Department of Transport have issued the below notice concerning temporary relaxation of driving & rest times due to Holyhead closure impact. There are increases with driving hours, which are detailed below, but please also note the requirement for Drivers to provide evidence/ justification for exceeding the prescribed limits and the need to retain same for inspection. The Department also highlight that driver safety or other road user’s safety must not be compromised. The full notice from Department of Transport is below and should be read in full:

On Thursday 12th December, the Department received a request for a temporary relaxation of drivers hours rules to address supply chain challenges arising from the closure of Holyhead Port. 

Following consultation with Department Officials and the Road Safety Authority, Ministers have decided to grant a temporary relaxation, which will apply for a 14 day period from 14 Dec 2024 until 27 Dec 2024. It will apply to all drivers of vehicles undertaking the transport of GOODS between the UK and IRELAND and within Ireland, irrespective of their nationality. The necessity for a further extension to the derogation to the maximum allowed 30 days will be kept under review.

For the above-mentioned category of drivers, the following provisions will be temporarily relaxed as follows:  

• Derogation to Article 6(1) of Regulation 561/2006 and Article 4(1) of Section 2 of Part B of Annex 31 to the TCA: the daily driving limit is increased from 9 hours to 11 hours 2 times per week. 
• Derogation to Article 6(2) of Regulation 561/2006 and Article 4(2) of Section 2 of Part B of Annex 31 to the TCA: the maximum weekly driving limit is increased from 56 hours to 60 hours.
• Derogation to Article 6(3) of Regulation 561/2006 and Article 4(3) of Section 2 of Part B of Annex 31 to the TCA: the fortnightly driving limit is increased from 90 hours to 102 hours. 
• Derogation to Article 8(6) of Regulation 561/2006 and Article 6(6) of Section 2 of Part B of Annex 31 to the TCA: the rules relating to weekly rest are being relaxed by allowing drivers to take a reduced weekly rest of at least 24 hours in each consecutive week during the relaxation period. There will be no obligation on a driver to take at least one (1) regular weekly rest period in any two consecutive weeks until the derogation expires. Furthermore, there will not be any requirement for compensation where reduced weekly rest is being taken.
• Derogation of Article 9(1) of Regulation 561/2006 and Article 6(12) of Section 2 of Part B of Annex 31 to the TCA: the permitted period of interruption where a driver accompanies a vehicle which is transported by ferry or train and takes a regular daily rest period or a reduced weekly rest period in a sleeper cabin, bunk or couchette is being increased from 1 hour to 2 hours.

While the current situation may impact on driving time, driver safety or other road user’s safety must not be compromised. Drivers should not deviate from the rules if it jeopardises road safety nor should they be expected to drive whilst tired. Employers remain responsible for the health and safety of their employees and other road users.

The practical implementation of this temporary relaxation of the rules should be agreed by employers with their drivers. There is no change to the rules relating to working time.
Appropriate arrangements must be put in place to record any extra driving time being undertaken by drivers availing of this derogation. Drivers must record on the back of their analogue tachograph charts or digital tachograph printouts (as soon as they finish their daily working period) the reasons and justification why they are exceeding the prescribed limits. 

Transport operators must put in place contingency measures to cater for emergency and urgent situations, and this must be properly documented and retained for inspection. Documentary evidence in support of the reason for taking extra driving should retained for at least 12 months. Any deviation from the driving and resting time rules must be a last resort. During inspections, the history of the driver and operator overall compliance with the rules will be carefully assessed.

For the avoidance of doubt, this is a national derogation, and does not apply outside of the jurisdiction of Ireland. It will apply in Ireland to all drivers in scope of the derogation and will be allowed by Ireland’s Road Safety Authority Enforcement Officers. Enforcement of drivers hours rules in other jurisdictions is a matter for the relevant competent authorities in each country, but UK (and other Member State) authorities will be notified of the temporary derogation taken by Ireland and those countries are obliged to take the details of the derogation into account for enforcement purposes (i.e. drivers should not be subject to enforcement in any other jurisdiction for exceeding the rules in accordance with the temporary derogation).

IIFA will continue to update members as more information becomes available.