The Community Drivers’ Hours and Working Time (Foot-and-Mouth Disease) (Temporary Exception) Regulations 2007

Made: 4th October 2007

Laid before Parliament: 5th October 2007

Coming into force: 6th October 2007

The Secretary of State makes the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 .

She has been designated for the purposes of section 2(2) in relation to the regulation and supervision of working conditions of persons engaged in road transport and to measures relating to the organisation of working time.

Citation, commencement, cessation and extent

1

• (1) These Regulations may be cited as the Community Drivers' Hours and Working Time (Foot-and-Mouth Disease) (Temporary Exception) Regulations 2007, shall come into force on 6th October 2007 and shall cease to have effect on 19th November 2007.

• (2) These Regulations extend to Great Britain only.

Interpretation

2

• (1) In these Regulations—

• “the circumstances” means the exceptional circumstances in Scotland arising as a consequence of restrictions on movements of pigs, cattle and sheep imposed as a result of the outbreaks of foot-and-mouth disease in Great Britain;

• “the Community Drivers' Hours Regulation” means Regulation (EC) No 561/2006 of 15th March 2006 of the European Parliament and of the Council ;

• “driver” and “driving time” have the same meaning as in the Community Drivers' Hours Regulation;

• “goods vehicle” and “mobile worker” have the same meaning as in the Road Transport (Working Time) Regulations 2005 ;

• “the specified purpose” means the purpose of moving pigs, cattle and sheep from any place in Scotland in connection with meeting the circumstances or alleviating their effects; and

• “week” has the same meaning as in the Community Drivers' Hours Regulation.

• (2) For the purposes of these Regulations, a driver will be taken to be engaged in driving or travelling in a goods vehicle mainly for the specified purpose if more than half his combined driving and travelling time is so spent during–

• (a) the period beginning on the date these Regulations come into force and ending on 8th October, or

• (b) any week thereafter.

Temporary exception

3

Pursuant to Article 14(2) of the Community Drivers' Hours Regulation, where a driver is engaged in driving a goods vehicle wholly or mainly for the specified purpose, the Community Drivers' Hours Regulation shall have effect as if—

• (a) in Article 6(1), for “nine hours” there were substituted “ ten hours ” and the second sentence of that paragraph were deleted;

• (b) Article 6(2) and (3) did not apply;

• (c) in Article 8(6), first indent, for “two regular weekly rest periods” there were substituted “ two weekly rest periods each of at least 24 consecutive hours ” and the second indent were deleted; and

• (d) in Article 8(8) the word “reduced” were deleted.

4

In relation to a mobile worker who is a driver engaged in driving or travelling in goods vehicles wholly or mainly for the specified purpose—

• (a) the Road Transport (Working Time) Regulations 2005 shall have effect as if in regulation 4(1), “ 66 hours ” were substituted for “60 hours”; and

• (b) in calculating average working time for the purposes of regulation 4(2) of those Regulations, the first six hours spent driving a goods vehicle for the specified purpose during any week or part of a week shall be disregarded.

Signed

Signed by authority of the Secretary of State for Transport

Jim Fizpatrick — Parliamentary Under-Secretary of State — 2007-10-04

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 1972 c. 68.

[^f00002]: S.I.1975/1707 and 1997/1174.

[^f00003]: O.J. No.L102, 11.04.06, p1.

[^f00004]: S.I. 2005/639 to which there are amendments not relevant to these Regulations.

Editorial notes

[^c18927771]: 1972 c. 68.

[^c18927781]: S.I.1975/1707 and 1997/1174.

[^c18927791]: O.J. No.L102, 11.04.06, p1.

[^c18927801]: S.I. 2005/639 to which there are amendments not relevant to these Regulations.

[^key-f41c05ade9c60283184eb45f8b30ea24]: Words in reg. 1(1) substituted (5.11.2007) by The Community Drivers Hours and Working Time (Foot-and-Mouth Disease) (Temporary Exception) (Amendment) Regulations 2007 (S.I. 2007/3143), regs. 1, 2(2)

[^key-b24e313b5bc911f8a96f50feb21b2f41]: Words in reg. 2(1) added (5.11.2007) by The Community Drivers Hours and Working Time (Foot-and-Mouth Disease) (Temporary Exception) (Amendment) Regulations 2007 (S.I. 2007/3143), regs. 1, 2(3)(a)

[^key-27158f1af56a3528787bfd0e149b0328]: Words in reg. 2(1) added (5.11.2007) by The Community Drivers Hours and Working Time (Foot-and-Mouth Disease) (Temporary Exception) (Amendment) Regulations 2007 (S.I. 2007/3143), regs. 1, 2(3)(b)