Regulation (EC) No 561/2006 of the European Parliament and of the CouncilShow full title

CHAPTER I U.K. INTRODUCTORY PROVISIONS

Article 1 U.K.

This Regulation lays down rules on driving times, breaks and rest periods for drivers engaged in the carriage of goods and passengers by road in order to harmonise the conditions of competition between modes of inland transport, especially with regard to the road sector, and to improve working conditions and road safety. This Regulation also aims to promote improved monitoring and enforcement practices by Member States and improved working practices in the road transport industry.

Article 2 U.K.

1. This Regulation shall apply to the carriage by road:

(a) of goods where the maximum permissible mass of the vehicle, including any trailer, or semi-trailer, exceeds 3,5 tonnes, or

(b) of passengers by vehicles which are constructed or permanently adapted for carrying more than nine persons including the driver, and are intended for that purpose.

2. This Regulation shall apply, irrespective of the country of registration of the vehicle, to carriage by road undertaken:

(a) exclusively within the Community; or

(b) between the Community, Switzerland and the countries party to the Agreement on the European Economic Area.

3. The AETR shall apply, instead of this Regulation, to international road transport operations undertaken in part outside the areas mentioned in paragraph 2, to:

(a) vehicles registered in the Community or in countries which are contracting parties to the AETR, for the whole journey;

(b) vehicles registered in a third country which is not a contracting party to the AETR, only for the part of the journey on the territory of the Community or of countries which are contracting parties to the AETR.

The provisions of the AETR should be aligned with those of this Regulation, so that the main provisions in this Regulation apply, through the AETR, to such vehicles for any part of the journey made within the Community.

Article 3 U.K.

This Regulation shall not apply to carriage by road by:

(a)

vehicles used for the carriage of passengers on regular services where the route covered by the service in question does not exceed 50 kilometres;

(b)

vehicles with a maximum authorised speed not exceeding 40 kilometres per hour;

(c)

vehicles owned or hired without a driver by the armed services, civil defence services, fire services, and forces responsible for maintaining public order when the carriage is undertaken as a consequence of the tasks assigned to these services and is under their control;

(d)

vehicles, including vehicles used in the non-commercial transport of humanitarian aid, used in emergencies or rescue operations;

(e)

specialised vehicles used for medical purposes;

(f)

specialised breakdown vehicles operating within a 100 km radius of their base;

(g)

vehicles undergoing road tests for technical development, repair or maintenance purposes, and new or rebuilt vehicles which have not yet been put into service;

(h)

vehicles or combinations of vehicles with a maximum permissible mass not exceeding 7,5 tonnes used for the non-commercial carriage of goods;

(i)

commercial vehicles, which have a historic status according to the legislation of the Member State in which they are being driven and which are used for the non-commercial carriage of passengers or goods.

Article 4 U.K.

For the purposes of this Regulation the following definitions shall apply:

(a)

‘carriage by road’ means any journey made entirely or in part on roads open to the public by a vehicle, whether laden or not, used for the carriage of passengers or goods;

(b)

‘vehicle’ means a motor vehicle, tractor, trailer or semi-trailer or a combination of these vehicles, defined as follows:

• ‘motor vehicle’: any self-propelled vehicle travelling on the road, other than a vehicle permanently running on rails, and normally used for carrying passengers or goods,

• ‘tractor’: any self-propelled vehicle travelling on the road, other than a vehicle permanently running on rails, and specially designed to pull, push or move trailers, semi-trailers, implements or machines,

• ‘trailer’: any vehicle designed to be coupled to a motor vehicle or tractor,

• ‘semi-trailer’: a trailer without a front axle coupled in such a way that a substantial part of its weight and of the weight of its load is borne by the tractor or motor vehicle;

(c)

‘driver’ means any person who drives the vehicle even for a short period, or who is carried in a vehicle as part of his duties to be available for driving if necessary;

(d)

‘break’ means any period during which a driver may not carry out any driving or any other work and which is used exclusively for recuperation;

(e)

‘other work’ means all activities which are defined as working time in Article 3(a) of Directive 2002/15/EC except ‘driving’, including any work for the same or another employer, within or outside of the transport sector;

(f)

‘rest’ means any uninterrupted period during which a driver may freely dispose of his time;

(g)

‘daily rest period’ means the daily period during which a driver may freely dispose of his time and covers a ‘regular daily rest period’ and a ‘reduced daily rest period’:

• ‘regular daily rest period’ means any period of rest of at least 11 hours. Alternatively, this regular daily rest period may be taken in two periods, the first of which must be an uninterrupted period of at least 3 hours and the second an uninterrupted period of at least nine hours,

• ‘reduced daily rest period’ means any period of rest of at least nine hours but less than 11 hours;

(h)

‘weekly rest period’ means the weekly period during which a driver may freely dispose of his time and covers a ‘regular weekly rest period’ and a ‘reduced weekly rest period’:

• ‘regular weekly rest period’ means any period of rest of at least 45 hours,

• ‘reduced weekly rest period’ means any period of rest of less than 45 hours, which may, subject to the conditions laid down in Article 8(6), be shortened to a minimum of 24 consecutive hours;

(i)

‘a week’ means the period of time between 00.00 on Monday and 24.00 on Sunday;

(j)

‘driving time’ means the duration of driving activity recorded:

• automatically or semi-automatically by the recording equipment as defined in Annex I and Annex IB of Regulation (EEC) No 3821/85, or

• manually as required by Article 16(2) of Regulation (EEC) No 3821/85;

(k)

‘daily driving time’ means the total accumulated driving time between the end of one daily rest period and the beginning of the following daily rest period or between a daily rest period and a weekly rest period;

(l)

‘weekly driving time’ means the total accumulated driving time during a week;

(m)

‘maximum permissible mass’ means the maximum authorised operating mass of a vehicle when fully laden;

(n)

‘regular passenger services’ means national and international services as defined in Article 2 of Council Regulation (EEC) No 684/92 of 16 March 1992 on common rules for the international carriage of passengers by coach and bus(1);

(o)

‘multi-manning’ means the situation where, during each period of driving between any two consecutive daily rest periods, or between a daily rest period and a weekly rest period, there are at least two drivers in the vehicle to do the driving. For the first hour of multi-manning the presence of another driver or drivers is optional but for the remainder of the period it is compulsory;

(p)

‘transport undertaking’ means any natural person, any legal person, any association or group of persons without legal personality, whether profit-making or not, or any official body, whether having its own legal personality or being dependent upon an authority having such a personality, which engages in carriage by road, whether for hire or reward or for own account;

(q)

‘driving period’ means the accumulated driving time from when a driver commences driving following a rest period or a break until he takes a rest period or a break. The driving period may be continuous or broken.

(1)

OJ L 74, 20.3.1992, p. 1. Regulation as last amended by the 2003 Act of Accession.