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Scots find loophole in hours legislation
17:03 11 Aug 2005
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Highways maintenance contractors can expect to make thousands of
pounds of cost savings on extra labour expenditure to cover
restricted driver hours following a landmark case in
Scotland.
Scottish trunk road consortium BEAR (Babtie, Ennstone and Ringway) was brought in front of a preliminary hearing of the traffic commission in February over concerns that it had potentially breached the Goods Vehicle (licensing of operators) Act 1995 by its drivers allegedly exceeding their hours.
BEAR claimed there were problems with the terminology of the legislation and that any extra hours worked by its drivers related to "unforeseen" emergency gritting work on its trunk road contracts for the north of Scotland and were not for standard maintenance.
Current legislation from the Vehicle Inspectorate, through the Department for Transport, does not regard bad weather as emergency work, or as an unforeseen circumstance, due to advances in technology and satellite forecasts.
However, CJ has recently learnt that the traffic commissioner has reached a compromise with BEAR that some terminology on the legislation needs greater clarification on what determines an emergency and what is standard maintenance work when it comes to drivers' hours.
The decision means BEAR will face no further action, which could have resulted in a £2,500 fine, a ban from employing
drivers for two years, or its contract being terminated by the Scottish Executive.
It also potentially sets a precedent for highways maintenance contractors as there will be some leeway on drivers' hours when it comes to future maintenance work.
This means contractors will not be expected to spend thousands of pounds paying for gritting crews to be on standby to keep within previously stated hours limits.
BEAR's case has now been adjourned until later this year to check that the consortium is adhering to the proposed amendments.
If the new changes are not adhered to, the commission could launch an official inquiry against BEAR later this year.
A BEAR official told CJ:
"We are pleased that we have reached a compromise and
that there will be a clearer definition for what constitutes emergency work."
Scottish trunk road consortium BEAR (Babtie, Ennstone and Ringway) was brought in front of a preliminary hearing of the traffic commission in February over concerns that it had potentially breached the Goods Vehicle (licensing of operators) Act 1995 by its drivers allegedly exceeding their hours.
BEAR claimed there were problems with the terminology of the legislation and that any extra hours worked by its drivers related to "unforeseen" emergency gritting work on its trunk road contracts for the north of Scotland and were not for standard maintenance.
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Current legislation from the Vehicle Inspectorate, through the Department for Transport, does not regard bad weather as emergency work, or as an unforeseen circumstance, due to advances in technology and satellite forecasts.
However, CJ has recently learnt that the traffic commissioner has reached a compromise with BEAR that some terminology on the legislation needs greater clarification on what determines an emergency and what is standard maintenance work when it comes to drivers' hours.
The decision means BEAR will face no further action, which could have resulted in a £2,500 fine, a ban from employing
drivers for two years, or its contract being terminated by the Scottish Executive.
It also potentially sets a precedent for highways maintenance contractors as there will be some leeway on drivers' hours when it comes to future maintenance work.
This means contractors will not be expected to spend thousands of pounds paying for gritting crews to be on standby to keep within previously stated hours limits.
BEAR's case has now been adjourned until later this year to check that the consortium is adhering to the proposed amendments.
If the new changes are not adhered to, the commission could launch an official inquiry against BEAR later this year.
A BEAR official told CJ:
"We are pleased that we have reached a compromise and
that there will be a clearer definition for what constitutes emergency work."
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