Articles 6 to 9 are subject to—
(a)regulation 2 of the Community Drivers' Hours and Recording Equipment Regulations 2007;
(b)regulation 3 of the Community Drivers' Hours and Recording Equipment Regulations 2012;
(c)regulation 3 of the Community Drivers' Hours and Recording Equipment (Exemptions and Supplementary Provisions) Regulations (Northern Ireland) 2009;
(d)any provision made under Article 14(1) or (2).]
Textual Amendments
F1Art. 11 substituted (31.12.2020) by The Drivers' Hours and Tachographs (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/453), regs. 1(3), 64; 2020 c. 1, Sch. 5 para. 1(1)
Provided that road safety is not thereby jeopardised and to enable the vehicle to reach a suitable stopping place, the driver may depart from Articles 6 to 9 to the extent necessary to ensure the safety of persons, of the vehicle or its load. The driver shall indicate the reason for such departure manually on the record sheet of the recording equipment or on a printout from the recording equipment or in the duty roster, at the latest on arrival at the suitable stopping place.
[F2Provided that road safety is not thereby jeopardised, in exceptional circumstances, the driver may also depart from Article 6(1) and (2) and Article 8(2) by exceeding the daily and weekly driving time by up to one hour in order to reach the employer’s operational centre or the driver’s place of residence to take a weekly rest period.
Under the same conditions, the driver may exceed the daily and weekly driving time by up to two hours, provided that an uninterrupted break of 30 minutes was taken immediately prior to the additional driving in order to reach the employer’s operational centre or the driver’s place of residence for taking a regular weekly rest period.
The driver shall indicate the reason for such departure manually on the record sheet of the recording equipment, or on a printout from the recording equipment or in the duty roster, at the latest on arrival at the destination or the suitable stopping place.
Any period of extension shall be compensated by an equivalent period of rest taken en bloc with any rest period, by the end of the third week following the week in question.]
Textual Amendments
F2Inserted by Regulation (EU) 2020/1054 of the European Parliament and of the Council of 15 July 2020 amending Regulation (EC) No 561/2006 as regards minimum requirements on maximum daily and weekly driving times, minimum breaks and daily and weekly rest periods and Regulation (EU) No 165/2014 as regards positioning by means of tachographs.
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Textual Amendments
F3Art. 13 omitted (31.12.2020) by virtue of The Drivers' Hours and Tachographs (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/453), regs. 1(3), 65 (with reg. 114); 2020 c. 1, Sch. 5 para. 1(1)
1.Provided that the objectives set out in Article 1 are not prejudiced, [F4the appropriate authority may by regulations] grant exceptions from the application of Articles 6 to 9 to transport operations carried out in exceptional circumstances.
[F5 2.In an urgent case the appropriate authority may grant a temporary exception by publishing a notice specifying—
(a)the transport operations and circumstances to which the exception relates, and
(b)the period for which the exception has effect, which may not exceed 30 days.
3.In this Article “the appropriate authority” means—
(a)in relation to transport operations carried out in England, Wales or Scotland, the Secretary of State;
(b)in relation to transport operations carried out in Northern Ireland, the Department for Infrastructure in Northern Ireland.]
Textual Amendments
F4Words in Art. 14(1) substituted (31.12.2020) by The Drivers' Hours and Tachographs (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/453), regs. 1(3), 66(a); 2020 c. 1, Sch. 5 para. 1(1)
F5Art. 14(2)(3) substituted (31.12.2020) by The Drivers' Hours and Tachographs (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/453), regs. 1(3), 66(b); 2020 c. 1, Sch. 5 para. 1(1)
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Textual Amendments
F6Arts. 15-19 omitted (31.12.2020) by virtue of The Drivers' Hours and Tachographs (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/453), regs. 1(3), 67 (with reg. 114); 2020 c. 1, Sch. 5 para. 1(1)