Common Driver Hours Infringements and How to Avoid Them

When it comes to transport compliance, driver hours infringements are one of the most common — and costly — issues operators face. From missed breaks to exceeding driving time limits, even small mistakes can lead to fines, licence penalties, and Public Inquiries.

But most infringements are preventable — especially with the right awareness, systems, and tools in place.

This guide will cover:

• The most common driver hours infringements

• What causes them

• Real-world examples

• How to prevent them with practical steps

• What to do if they occur

Whether you’re a one-man band or run a small fleet, this guide will help you stay on the right side of the rules.

Why Do Driver Hours Rules Exist?

Driver hours laws exist to:

• Prevent fatigue-related accidents

• Ensure fair competition in the transport industry

• Promote road safety

• Protect drivers’ health and wellbeing

These rules are enforced by the DVSA and Traffic Commissioners, and apply to both EU rules and GB Domestic rules, depending on your operation.

The Most Common Driver Hours Infringements

Here are the top violations DVSA inspectors frequently find during roadside checks and audits:

1. Driving Too Long Without a Break

🚫 EU Rule: No more than 4.5 hours of driving without a 45-minute break✅ Break can be taken in one go or split into 15 + 30 mins

Example: A driver starts at 7:00am and drives continuously until 11:45am without stopping — that’s a breach.

Cause: Tight delivery schedules, poor planning, or assuming “I’ll stop at the next one.”

2. Exceeding Daily Driving Time

🚫 EU Rule: Maximum 9 hours of driving per day (can be extended to 10 hours twice per week)

Example: Driver does 9 hours on Monday, 10 hours Tuesday, then 10 hours again on Wednesday. That’s a triple breach.

Cause: Misunderstanding the "10-hour" allowance, or forgetting what days extensions were used.

3. Insufficient Daily Rest

🚫 EU Rule: At least 11 hours of rest within a 24-hour period✅ Can be reduced to 9 hours, only 3 times per week

Example: Driver finishes shift at 10:00pm and starts driving again at 5:00am — that’s only 7 hours' rest. Not allowed.

Cause: Overbooking, poor rota planning, or attempting to fit too much into the day.

4. Exceeding Weekly Driving Limit

🚫 EU Rule: No more than 56 hours of driving in a single week🚫 Max 90 hours over any two consecutive weeks

Example: Week 1: 56 hours; Week 2: 40 hours → 96 hours total → Breach.

Cause: Not tracking cumulative hours, or failing to calculate forward over two weeks.

5. Failure to Take Weekly Rest

🚫 EU Rule: At least 45 hours of uninterrupted rest per week✅ Can be reduced to 24 hours every other week, with compensation

Example: Driver skips weekly rest two weeks in a row, or doesn’t make up for a reduced rest.

Cause: Mismanaging weekend work, failing to plan for compensatory rest.

6. Using the Tachograph Incorrectly

🚫 Common issues include:

• Driving without inserting driver card

• Using someone else’s card

• Incorrect manual entries

• Forgetting to change mode (e.g., from “driving” to “rest”)

Example: Driver forgets to insert their card in the morning, drives 3 hours — illegal.

Cause: Lack of training, rushing, or bad habits.

7. Failure to Download or Store Data

🚫 Driver card data must be downloaded every 28 days🚫 Vehicle unit data must be downloaded every 90 days

Example: Operator downloads driver card once every 2 months — that’s a breach.

Cause: No download reminders, or assuming “I’ll do it later.”

Consequences of Driver Infringements

• Fixed Penalty Notices (up to £300 per offence)

• Vehicle prohibitions at roadside

• DVSA improvement notices

• Public Inquiry before the Traffic Commissioner

• Licence curtailment, suspension, or revocation

• Impact on insurance and client reputation

Even a single driver making repeated mistakes can put your whole business at risk.

How to Prevent Driver Hours Infringements

Here are simple, low-cost strategies that work for small fleets and owner-operators:

✅ 1. Use a Daily Planner or Log Sheet

Provide each driver with a daily log or planner to track:

• Start time

• Breaks

• Driving sessions

• Rest periods

• Weekly hours

Even with a digital tachograph, this extra step improves awareness and avoids mistakes.

✅ 2. Set Regular Download Reminders

Use phone reminders, a wall planner, or Google Calendar to remind you to:

• Download driver card every 28 days

• Download VU data every 90 days

• Store data securely (e.g., labelled folders or cloud storage)

✅ 3. Run Basic Analysis After Each Trip

You don’t need expensive software — just open the .ddd files in TachoView, OpenTacho, or Tachogram.

• Check for missed breaks or long days

• Review driving and rest times

• Log any problems in an infringement register

✅ 4. Create an Infringement Log and Debrief Process

For every issue:

• Record the incident

• Note the rule broken

• Log how you addressed it (verbal warning, retraining, etc.)

• Keep it on file for 12 months minimum

This protects you in case of a DVSA audit or Public Inquiry.

✅ 5. Train Drivers on the Basics

Don’t assume every driver understands the rules. Training should include:

• When breaks are needed

• Rest period rules

• How to use a tachograph correctly

• What counts as “other work”

• How to handle manual entries

We recommend a simple Driver Hours Rules Card or quick reference handout in every cab.

✅ 6. Avoid Over-Scheduling

Overloading drivers with deliveries or work increases the risk of breaches. Plan:

• Realistic schedules

• Routes with proper stop opportunities

• Limits on overtime

Remember: a late delivery is less costly than a compliance failure.

✅ 7. Spot Check and Coach

As an operator, you should:

• Periodically review random days from each driver’s card

• Look for red flags (e.g., no breaks recorded, long days)

• Discuss findings constructively, not punitively

Even drivers with good intentions need guidance.

Real-World Example: How It All Adds Up

Let’s say a driver:

• Misses a 45-minute break on Monday

• Does 10 hours of driving Tuesday

• Takes only 9 hours rest Wednesday

• Fails to take a full 45-hour weekly rest

That’s 4 separate infringements in one week — each one a penalty or grounds for enforcement.

Summary Checklist: How to Avoid Infringements

✅	Task
🔲	Provide break/rest training to drivers
🔲	Set reminders for downloads and reviews
🔲	Use free software to analyse tachograph data
🔲	Log all infringements and actions taken
🔲	Keep records for 12 months
🔲	Spot-check driver data monthly
🔲	Encourage honest reporting and learning culture

Conclusion

Most driver hours infringements are caused by lack of awareness, rushed schedules, or poor habits — not deliberate wrongdoing. By creating simple systems, encouraging awareness, and consistently checking data, even small operators can stay compliant and avoid costly mistakes.

Up next: We’ll take a closer look at your legal tachograph responsibilities — especially for owner-operators and those holding a Restricted Operator Licence.