Driver Hours and Working Time Offences
Driver hours and working time regulations are a key part of transport law, with strict limits imposed under UK and retained EU legislation. Breaches - whether through insufficient rest, extended driving hours, or failure to maintain accurate records - can result in fixed penalties, prosecution, and referral to the Traffic Commissioner.
Road Traffic Defence Law advises and represents professional drivers and transport operators facing allegations of non-compliance. We provide detailed guidance on the relevant legal framework and offer representation in response to enforcement action taken by the DVSA or the courts.
Regulatory Framework & Why It Matters
UK law retains the essential elements of EU Regulation 561/2006, including maximum daily driving hours (9 hrs, extendable to 10 hrs twice per week), a 45-minute break after 4.5 hrs, and a 56-hour weekly limit (90 hrs over two weeks). GB domestic rules apply when outside EU/AETR scope, capping daily driving at 10 hrs and duty at 11 hrs.
Exceeding these limits can result in DVSA roadside prohibitions, graduated fixed penalties depending on the severity/time exceeded, prosecution, and referral to the Traffic Commissioner.
Common Offences We Defend
- Exceeding daily/weekly driving hours
- Insufficient rest breaks
- Failing to record working time
- Using incorrect domestic/EU rules
- Card misuse or false records
Typical Scenarios
You might face charges after a routine DVSA stop reveals over-hours or missing breaks, or after a roadside tachograph inspection shows missing data. Cumulative offences (e.g., 2hrs over daily limit, improper rest over multiple days) often come with heavier fixed penalties.
Defence Strategies
- Technical defences: Errors in tachograph calibration or record transfer
- 'Unavoidable delay' exceptions: UK rules allow some leeway for delays beyond driver control
- Systems defence for operators: Proper instructions, checks, and no encouraging over-run guard against prosecution
Penalties & Consequences
Fixed penalties and prohibitions can escalate to court prosecution, high fines, and Traffic Commissioner referral - potentially threatening vocational licences and operator repute.
Why Choose Us
Our solicitors bring technical knowledge of regulations, experience identifying weak points in enforcement evidence, and comprehensive defence strategies. We fight to reduce penalties, avoid disqualification, and preserve reputations - whether you’re an individual driver, operator, or fleet manager.
FAQs
What counts as "working time"?
Includes driving, loading/unloading, vehicle pre-trip checks, and “periods of availability”
Can GB drivers rely on the “unforeseeable delays” defence?
Yes - if you're delayed by circumstances beyond your control and have no reasonable way to comply - this can avoid prosecution.
Get in Touch
If you're facing a driver hours allegation, fixed penalty, prohibition, Traffic Commissioner referral, or DVSA investigation, contact Road Traffic Defence Law now. Early representation improves outcomes, and our specialist team is ready to safeguard your career.