Q - One of my new drivers has an EU tachograph card and wishes to exchange this for a UK one, is this possible when the EU tachograph card is still valid?
A - If a driver was to apply to exchange an EU driver tachograph card this would be possible while they have a valid EU one by using form D777B. They should retain their EU card and continue using it whilst the application is in process. When they receive their new UK tachograph card, they must start using the UK one immediately and send the EU card to DVLA.
A written instruction is sent to the driver at this point.
Time for a break
Q - Do our drivers have to take holidays? Also, do we legally have to show holidays in our working time calculations for drivers who do not want to take any holiday? The driver in question is a full-time driver and works under EU drivers’ hours rules which we conform with. The problem we have is that the driver in question never wants to take holiday and would rather be at work.
A - Everyone needs a holiday from work, even if only to recharge the batteries. Under the Road Transport (Working Time) Regulations 2005 mobile workers are required to have a minimum of 20 days’ statutory holiday per year. This is a legal requirement.
Regarding working time, the 20 days must be recorded as eight hours per day or 48 hours per week. The days can be spread out throughout the year, but there must be at least 20 days’ holiday recorded for your drivers. Any days above the 20 statutory days can be recorded as zero regarding working time calculations.
The main directive only required four weeks of paid holiday, but the UK government has extended this to 5.6 weeks. Employers can stipulate when leave is taken and there is no legal requirement to take time off on bank holidays.
