Introduction

Overview of which drivers' hours and tachograph rules for passenger carrying vehicles apply in different situations.

About this guidance

This guide provides advice to drivers and operators of passenger vehicles, whether used privately or commercially. It explains the rules for drivers鈥� hours and the keeping of records.

Following the UK鈥檚 departure from the European Union (EU), national journeys within the UK are governed by the assimilated drivers鈥� hours and tachograph rules Regulation (EC) 561/2006 and Regulation (EU) 165/2014 , as they have effect in the UK.

AETR rules apply to international journeys. This guide explains where the AETR rules diverge from the assimilated rules, although in most respects they are the same.

In this guide any reference to the 鈥渁ssimilated rules鈥� means Regulation (EC) 561/2006 and Regulation (EU) 165/2014, as they have effect in the UK and 鈥�AETR rules鈥� means the European agreement concerning the work of crews of vehicles engaged in international road transport.

The assimilated and AETR rules (see annex 1) also place a responsibility on others in the passenger transport industry such as tour organisers, contractors, sub-contractors and driver agencies. People working in these sectors of the passenger transport industry may benefit from an understanding of the guidance offered here.

Those who are involved in international operations are advised to check whether the other country or countries in which they operate produce equivalent guidance. We recommend that you contact the relevant embassy.

As with any legislation, previous and future court judgments may assist interpretation on a particular point. Where significant court judgments on interpretation are relevant, these have been incorporated in the text. Some important judgments are available 鈥� many in shortened form 鈥� in legal reference books held by larger reference libraries. If you are in doubt as to how these rules apply to you, seek your own legal advice.

Which rules apply?

Within Great Britain (GB), either GB domestic or assimilated rules may apply. Which set of rules applies depends on the type of driving and the type of vehicle being used.

Most vehicles used for the carriage of passengers by road, are constructed or permanently adapted for carrying more than nine people including the driver, and that are intended for that purpose, fall within the scope of the assimilated rules unless covered by an exemption (exemptions apply to UK national journeys and journeys between the UK and EU) or by a UK national derogation.

Temporary removal of seats to fewer than nine including the driver will not take a vehicle out of scope of assimilated or AETR rules. For international journeys the AETR will apply, irrespective of the country of registration of the vehicle.

Carriage by road 鈥楥arriage by road鈥� is defined as any journey, made entirely or in part on roads open to the public, of a vehicle, laden or unladen, used for the carriage of passengers or goods. 鈥極ff-road鈥� driving is in scope of the rules, where it forms part of a journey that also takes place on public roads. Journeys that are made entirely off road are out of scope of the assimilated drivers鈥� hours and tachographs rules however under assimilated/AETR record keeping rules, drivers who carry out any assimilated/AETR regulated work must record all periods of off-road driving as 鈥榦ther work鈥�.

International journey An international journey means a journey undertaken in part outside the UK and includes the part of the journey within the UK.

Additionally, for journeys that are partly on territory outside of the UK, EU and AETR, these countries are likely to have their own regulations governing drivers鈥� hours which should be adhered to while driving in that country.

Most vehicles that are exempt from the assimilated rules come under GB domestic drivers鈥� hours rules while engaged on GB national journeys.

The following table will help determine which rules apply.

Type of operation 8 or less passenger seats 9 - 12 passenger seats 13 - 16 passenger seats 17 or more passenger seats
Private or non PSV operations 听 听 听 听
Police, fire and Armed Forces purposes None None None None
GB journeys 鈥� non-PSV public authority use None assimilated rules [footnote 1] assimilated rules [footnote 1] assimilated rules [footnote 1]
GB journeys 鈥� non-PSV business use None assimilated rules assimilated rules assimilated rules
GB journeys 鈥� non-commercial use None assimilated rules [footnote 2] assimilated rules [footnote 2] assimilated rules
International journeys including private use None in GB but must obey any domestic rules of country visited assimilated/ AETR rules assimilated/ AETR rules assimilated/ AETR rules
PSV operations 听 听 听 听
Regular service on route not exceeding 50 kms Domestic rules Domestic rules Domestic rules Domestic rules
National or international regular service on route exceeding 50 kms Domestic rules on journeys in GB [footnote 3] assimilated/ AETR rules assimilated/ AETR rules assimilated/ AETR rules
National or international non-regular service e.g. commercial excursions, tours or private hire Domestic rules on journeys in GB [footnote 3] assimilated/ AETR rules assimilated/ AETR rules assimilated/ AETR rules

Public service vehicle A public service vehicle (PSV) is a motor vehicle that is adapted to carry more than eight passengers and is used to carry passengers for hire or reward or, if adapted to carry eight or fewer passengers is used to carry passengers, for hire or reward at separate fares in the course of a business of carrying passengers.

Regular services A regular service (which includes special regular services) is a service that provides for the carriage of passengers at specified intervals along a specified route, passengers being picked up and set down at predetermined stopping points. It does not have to be a service for the general public as special regular services are provided exclusively for a specified category of passenger, for example the carriage of students to and from school or workers to and from work. A service may be varied according to the needs of those concerned and still remain a regular service. For more information on regular services please see Section 1.1 Exemptions and national derogations

In relation to the 50 km threshold for a regular service (as defined above) a route would be regarded as a separate route if:

  • the route is individually registered with the relevant traffic commissioner (this does not apply to services operated in Greater London under stewardship of Transport for London)
  • the route ends at a recognised terminus (ie a destination in its own right, an established transport interchange or a garage):
    • the same vehicle is not subsequently used on another route or
    • there is a change of driver before the vehicle is used on another route in which case the two routes may be advertised as a through service or
    • the same vehicle is subsequently used on another route with the same driver provided the two routes are not advertised as a through service (they may be advertised as connecting services and passengers wishing to continue on the connecting service may do so without leaving the vehicle if they wish and through tickets may be issued)

Passenger vehicles, including any trailer towed, can carry the passenger鈥檚 personal effects without it affecting the applicability of assimilated rules. However where a passenger vehicle or trailer, regardless of the number of passenger seats, is used to carry goods other than the passenger鈥檚 personal effects then the vehicle will be in scope of the assimilated rules unless one of the exemptions or derogations relevant to the carriage of goods applies. Further details can be found in our drivers鈥� hours and tachograph booklet for goods vehicles.

For any international journey to or through the EU, an AETR contracting party or third country, the AETR rules will apply to the whole journey. Vehicles with fewer than eight passenger seats travelling through other countries must obey the relevant domestic rules.

  1. There are a number of specific exemptions from the assimilated/ AETR rules that may apply to operations by public authorities while operating in GB. See the section entitled 鈥渆xemptions and derogations鈥� for further details.听鈫�听鈫�2听鈫�3

  2. Drivers of vehicles with between 9 and 16 passenger seats used exclusively for non-commercial use will be exempt from assimilated/ AETR rules. Non-commercial use means any carriage by road, other than carriage for hire or reward or on own account, for which no direct or indirect remuneration is received and which does not directly or indirectly generate any income for the driver of the vehicle or for others and which is not linked to professional or commercial activity. GB domestic rules would not apply to vehicles up to 16 seats when used non-commercially. Please see the information at the non-commercial use derogation in Section 1.1 for more details for when a vehicle鈥檚 use is switched between commercial and non-commercial.听鈫�听鈫�2

  3. Assimilated/ AETR rules do not apply but the domestic rules of GB and any other country passed through must be obeyed.听鈫�听鈫�2