Managing the RDS Complying with Legislation ACO Howard Robinson

Issues for Discussion To discuss the possible effect of the new Drivers’ Hours Rules on Fire and Rescue Services. Current Legislation. What’s new ? Do they apply to firefighting personnel ? Liability Other legislation. What can be done.

CURRENT LEGISLATION EC Drivers’ Hours and Tachograph Rules for Goods Vehicles (561/2006). It replaces existing legislation. Places certain requirements on drivers of in-scope vehicles. The EC Drivers’ Hours Rules apply to certain categories of mobile workers.

CURRENT LEGISLATION The following key provisions apply:  Maximum daily driving limit of 9 hours,  Maximum weekly driving limit of 56 hours,  A driver must have 11 hours uninterrupted daily rest,  In any two consecutive weeks, a driver should take two regular weekly rest periods (of at least 45 hours each).  The rest requirements apply to occasional drivers even if they drive a few hours a day or a couple of days a week.

WHAT’S NEW ? One of the key amendments to the Community Drivers’ Hours Regulations is that drivers are now required to record all other work. Increased ability to detect breaches of the Rules. Road transport operators will not be able to turn a ‘blind eye’ to what goes on outside a drivers employment.

WHAT’S NOT Definition of a period of rest remains the same; "any uninterrupted period during which a driver may freely dispose of his time".

DO THEY APPLY TO FIREFIGHTING PERSONNEL ? Vehicles used by the Fire Service are automatically exempted from the Rules. Retained Duty System firefighters who drive in-scope vehicles in their primary employment are not exempt.  Time spent available by an alerter can be classed as ‘rest’,  As soon as they respond to their alerter then they are no longer able to freely dispose of their time, and will have to start a new period of daily or weekly rest.

DO THEY APPLY TO FIREFIGHTING PERSONNEL ? Wholetime firefighters who drive in-scope vehicles as a secondary occupation, even on an occasional basis, will have to comply with daily or weekly rest requirements

LIABILITY Direct liability under the EC Drivers’ Hours Rules Secondary liability under the EC Drivers’ Hours Rules Liability under existing Health and Safety legislation

OTHER LEGISLATION Road Transport Directive (2002/15/EC) UK Domestic Drivers’ Hours Rules Working Time Directive Health and Safety at Work Act 1974

WHAT CAN BE DONE ? Fire and Rescue Services’ do not recruit people who drive in their primary employment.  Restricts recruitment opportunities in areas where shortages exist.  Drivers bring acquired, necessary skills to the retained service

WHAT CAN BE DONE ? Fire and Rescue Services’ require existing RDS personnel, who drive in their primary employment, to leave the Service.  Loss of personnel to stations  Loss of experience  Loss of ‘investment’ in trained personnel  Loss of skills gained in their primary employment

MEASURED APPROACH RDS personnel  Survey RDS personnel who drive as part of their primary employment  Practical analysis of how the rules might actually impact on personnel.  Engaging with employers  Advice to personnel

MEASURED APPROACH Wholetime personnel  Advice to personnel  Survey of secondary work undertaken by wholetime personnel

Summary Retained fire-fighters are exempt from the requirements of the Working Time Regulations in "emergency" situations only. There is no automatic exemption under the Road Transport Directive for retained fire-fighters. However, the Government has interpreted the Directive as not being applicable to such workers. Furthermore, considering retained fire-fighters remain subject to the Drivers' Hours Rules, this interpretation is unlikely to have any significant effect.

Summary The EC Drivers' Hours and Tachograph Rules for Goods Vehicles (Regulation 561/2006) came into effect on 11 April Their primary consequence is to impose strict rest requirements on drivers of in-scope vehicles. The EC Drivers' Hours Rules do not provide an exemption for retained fire-fighters. Therefore, all duties carried out as a retained fire-fighter will be regarded as work rather than rest.

Summary Transport undertakings can be held strictly liable for offences caused by their drivers. It may be unlikely that the Fire Service will incur any liability but this is a possibility, both under the Rules and existing health and safety legislation. Primary employers could take steps to ensure that a breach of the Rules amounts to a disciplinary offence and insist that the driver takes measures to ensure that such breaches do not occur. Drivers who also work as retained fire-fighters will have to ensure that they can combine both roles so as to comply with the Rules. If this is not possible, they may have to reduce their hours of availability or consider leaving the Fire Service altogether.

Summary As a matter of good practice, the Fire Service should monitor the hours worked by all retained fire-fighters and check that these meet the requirements of the Working Time Regulations and (if applicable) the EC Drivers' Hours Rules. Retained fire-fighters should be reminded of their duties under the Rules. It will need to be made clear to relevant employees (both retained fire-fighters and full-time fire-fighters requesting secondary employment) that a breach of the Rules could amount to a disciplinary offence. It should be remembered that drivers of vehicles which are exempt from the EC Drivers' Hours Rules may still have obligations under the Domestic Hours Rules.

CLG and CFOA Survey Concerns expressed by FRS that Drivers Hours Legislation had the potential to impact adversely on the recruitment and retention of RDS staff. In response a jointly prepared questionnaire was produced and sent to every FRS in the UK.

The questions asked covered ; Awareness of the legislation Recruitment and retention issues linked to the requirements and impact of the legislation The level of monitoring and recording of employee primary employment and drivers’ hours

Conclusions Despite a good response very few of those who responded could supply any data to support an analysis of the impact of the Rules on the service. The survey raised a number of issues about the nature of the relationship between FRS and the personnel they employ on the RDS. Their was a general lack of understanding about responsibilities under the legislation

Any Questions