In response to requests from the Scottish Government, the Department for Transport has, pursuant to Article 14(1) of Regulation (EC) No 561/2006, gained approval from the European Commission to a temporary and limited relaxation of the enforcement of EU drivers’ hours rules for drivers of goods vehicles weighing over 7.5 tonnes involved in the distribution of freight within scope of the Regulation whose journeys are delayed or extended due to the partial closure of the Forth Road Bridge in Scotland.  

This temporary relaxation applies from 00:01 on Tuesday 12 January 2016 and ends at 23:59 on Monday 15 February 2016. This relaxation will apply to:

• Drivers of goods vehicles weighing over 7.5 tonnes who would have used the Forth Road Bridge for the purpose of long distance movements involving journeys through and beyond Fife and the Lothians; and 
• Drivers and operators of goods vehicles weighing over 7.5 tonnes with bases either side of the Forth Road Bridge within the recognised diversion route of the A985, M876, M9 and M90.  

The Department reserves the right to withdraw the relaxation earlier if circumstances change.
 
The Department has made it clear that driver safety must not be compromised. Drivers should not be expected to drive whilst tired - employers remain responsible for the safety of their employees and other road users.  

For the drivers to whom this relaxation applies, the EU drivers’ hours rules will be temporarily relaxed as follows:-

• Replacement of the EU daily driving limit of 9 hours with one of 11 hours;
• Replacing the weekly driving limit from 56 hours to 60 hours and the fortnightly driving limit from 90 hours to 110 hours. 

The requirement to take a 45 minute break after 4½ hours driving will remain and will be rigorously enforced.

The requirement to take a minimum daily rest of 11 hours (which can be reduced to 9 hours three times a week) will remain and will also be rigorously enforced.

The practical implementation of the temporary relaxation should be through agreement between employers and employees and/or driver representatives. 

The drivers in question must note on the back of their tachograph charts or printouts the reasons why they are exceeding the normally permitted limits.  This is usual practice in emergencies and is, of course, essential for enforcement purposes.

The temporary relaxation of the rules described above reflects the exceptional circumstances of the unprecedented continued closure of the Forth Road Bridge to heavy goods vehicles weighing over 7.5 tonnes.  The Department wishes to emphasise that, as a general rule, we expect business to plan for and manage the risks of disruption to supply chains.

All enquiries regarding interpretation of these temporary arrangements should, in the first instance, be made to the Driver and Vehicle Standards Agency on 0300 1239000 or via email at enquiries@vosa.gov.uk

We will keep these temporary arrangements under review.