Schedule 5 - Drivers' hours: enforcement

Road Safety Bill – in a Public Bill Committee at 5:45 pm on 1st February 2005.

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Photo of Mr David Jamieson Mr David Jamieson Parliamentary Under-Secretary, Department for Transport 5:45 pm, 1st February 2005

I beg to move amendment No. 34, in schedule 5, page 102, line 9, leave out 'vehicle' and insert 'premises'.

This amendment corrects a typographical error.

Amendment agreed to.

Amendment made: No. 63, in schedule 5, page 104, line 23, after 'section', insert

'consisting otherwise than in permitting an act or omission'.—[Mr. Jamieson]

Sitting suspended for a Division in the House.

On resuming—

Amendments made:

No. 64, in schedule 5, page 104, line 27, leave out from 'both' to end of line 30 and insert—

'(5) A person guilty of an offence under subsection (1) or (3) of this section consisting in permitting an act or omission is liable on summary conviction to a fine not exceeding level 5 on the standard scale.'.

No. 65, in schedule 5, page 104, line 48, leave out from 'exceeding' to end of line 1 on page 105 and insert

'level 5 on the standard scale.'.

—[Mr. Jamieson]

Question proposed, That this schedule, as amended, be the fifth schedule to the Bill. 

Photo of Greg Knight Greg Knight Shadow Minister (Environment, Food and Rural Affairs) 6:30 pm, 1st February 2005

May I ask whether there is any restriction on what a driver does in his own time after driving? If a driver gets to the maximum permitted hours after which he is supposed to take a rest period and drives, but not in connection with his work, so it is not recorded by a tachograph, does he commit an offence?

Photo of Mr David Jamieson Mr David Jamieson Parliamentary Under-Secretary, Department for Transport

As I understand it, he does not. We would expect a driver who had been driving the requisite number of miles to take a break by having a meal, or a nap. We would not want to prevent someone from taking a short journey home in their car because it would not be part of their working time, as covered by the directive. It would, however, be a matter of concern if someone was driving three or four hours after they had done their professional driving.

Question put and agreed to.

Schedule 5, as amended, agreed to.