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EU vs GB Domestic Rules: What Applies to You?

Understanding Drivers’ Hours Regulations for UK Operators


One of the most common causes of driver infringement — and operator confusion — is a poor understanding of the difference between EU and GB domestic drivers’ hours rules.

Which rules apply to your operation? What if your fleet is a mix of vehicle types or service types? Can drivers swap between the two sets of rules? And what records do you need to keep to stay compliant?


In this post, we’ll provide a clear, detailed breakdown of the EU vs GB drivers’ hours rules, how to apply them in your business, and how to avoid common compliance pitfalls — especially if you’re a Restricted Operator Licence holder.



Contents


  1. Overview: Why Drivers’ Hours Rules Matter

  2. EU vs GB Domestic Rules: The Key Differences

  3. When Do EU Rules Apply?

  4. When Do GB Domestic Rules Apply?

  5. What About Mixed-Use Fleets?

  6. Tachograph Requirements Under Each System

  7. Working Time Rules and Their Relationship

  8. Recording, Reporting, and Retaining Hours

  9. Driver Swapping Between EU and GB Rules

  10. Top 5 Common Mistakes – and How to Avoid Them

  11. DVSA Enforcement: What They Check

  12. Staying Compliant as a Restricted Licence Holder

  13. Practical Tips for Transport Managers

  14. Final Thoughts: Build Hours Management into Daily Practice



1. Overview: Why Drivers’ Hours Rules Matter


Drivers’ hours rules exist to prevent fatigue, promote road safety, and ensure fair working conditions. Breaches can result in:

  • Fixed penalties

  • Prohibition notices

  • DVSA and police action

  • Public Inquiries

  • Operator Licence revocation


Whether you're running a large fleet or a single van under a Restricted O-Licence, you must know which rules apply — and apply them correctly.



2. EU vs GB Domestic Rules: The Key Differences


Here’s a snapshot of the core distinctions:

Aspect

EU Rules

GB Domestic Rules

Applies To

HGVs over 3.5t used for hire or reward across or within the UK

Vehicles not covered by EU rules, e.g. local delivery, non-commercial

Daily Driving Limit

9 hours (can extend to 10 twice per week)

10 hours (driving only)

Breaks

45 min after 4.5 hours driving

None strictly required, but 30 mins after 5.5 hrs work is advised

Daily Rest

11 hours (can be reduced to 9)

10 hours rest between workdays

Recording

Digital or analogue tachograph required

Written logbook or manual record

Enforcement

DVSA / Police / Tachograph download audits

DVSA roadside / on-site inspections



3. When Do EU Rules Apply?


You must follow EU drivers’ hours regulations if your drivers operate:

  • Vehicles (or vehicle + trailer) over 3.5 tonnes used for hire or reward

  • Within Great Britain or cross-border into the EU (post-Brexit this still applies to international work)

  • In-scope commercial journeys (haulage, courier, logistics)


This applies even within the UK if the vehicle is in-scope.


Note: As of May 2022, EU rules also apply to vehicles between 2.5–3.5 tonnes used for hire or reward on international journeys.



4. When Do GB Domestic Rules Apply?


GB rules apply if:

  • The vehicle is not subject to EU rules

  • The work is solely within Great Britain

  • The operation is not hire or reward, or is exempt


This includes:

  • Local authority vehicles

  • Breakdown services

  • Agricultural and forestry vehicles

  • Non-commercial own-account operations


Operators using vehicles that fall out of scope of the EU rules default to GB domestic rules.



5. What About Mixed-Use Fleets?


It’s not uncommon for an operator to have a mix of vehicle types or operational scopes. For example:

  • A company uses 3.5t vans for local delivery and 18t vehicles for regional pallet distribution.

  • Some drivers perform school contracts (exempt), then switch to general haulage.


Key rule: The rules apply per journey, not per driver or per vehicle.


If a driver works one day under EU rules and another under GB domestic rules, the records and limits must reflect that — and you must track both sets accurately.



6. Tachograph Requirements Under Each System

Scenario

Tacho Required?

EU Rules (in-scope)

Yes – digital or analogue tachograph fitted and used

GB Domestic

No – unless the vehicle is tacho-fitted for EU work

Exempt Vehicles

No – unless used for occasional EU journeys

If the vehicle has a tacho fitted but is being used in a domestic/exempt way, it should be set to OUT mode (manual entries still advised).



7. Working Time Rules and Their Relationship


Here’s where it gets tricky.

  • Under EU rules, drivers are subject to the Road Transport (Working Time) Regulations.

  • Under GB domestic, they are not — but still covered by the Working Time Directive if they're employed.


Working Time Regulations cover:

  • 48-hour average weekly working limit

  • Max 60 hours work in any one week

  • Night work restrictions

  • Record-keeping and health checks for night workers


You must consider both driving hours and total working hours (loading, paperwork, waiting time).



8. Recording, Reporting, and Retaining Hours

Requirement

EU Rules

GB Rules

Method

Tachograph downloads

Written logs or time sheets

Retention Period

12 months

12 months minimum recommended

Digital Records

Mandatory

Not mandatory, but encouraged

For mixed-use operations, a Driver Compliance File should include:

  • EU tacho charts or downloads

  • Domestic driver logbooks

  • Work time records

  • Any exemptions claimed



9. Driver Swapping Between EU and GB Rules


Drivers can switch between rule sets — but you must manage and track that change.

  • Record which days each set applies.

  • Ensure required rest periods are still respected (especially across transitions).

  • Prevent overwork due to misaligned expectations.


Pro tip: Use fleet software to tag days by rule set and flag inconsistencies.



10. Top 5 Common Mistakes – and How to Avoid Them


  1. Assuming 3.5t vans aren’t covered by any rules✅ Check for international journeys and hire/reward work.

  2. Failing to track daily/weekly rest across both systems✅ Ensure rest is managed consistently across all operations.

  3. Not using ‘OUT’ mode on tachographs for exempt work✅ Drivers must enter ‘OUT’ mode and record manually.

  4. Mixing up GB domestic daily driving limits with working time✅ Driving time and work time are different under GB rules.

  5. Missing Working Time Regulations under EU rules✅ Keep driver hours audits to show total working time and rest compliance.



11. DVSA Enforcement: What They Check


At roadside checks or Operator Compliance Risk Score (OCRS) visits, the DVSA looks for:

  • Tachograph misuse or manipulation

  • Missing driver records

  • Inadequate rest

  • Drivers exceeding daily/weekly driving limits

  • Lack of training or understanding of rules


They may issue:

  • Prohibition notices

  • Fixed penalties

  • PG9s

  • Reports to the Traffic Commissioner



12. Staying Compliant as a Restricted Licence Holder


Many Restricted Licence holders mistakenly believe drivers’ hours rules don’t apply to them. Not true.

If you use in-scope vehicles or make journeys under hire/reward conditions, EU rules kick in.


Best practice:

  • Check every vehicle and journey against the scope of EU regulations

  • Train drivers on both rule sets

  • Keep records even if you believe you’re exempt

  • Use basic tachograph analysis software, even for small fleets



13. Practical Tips for Transport Managers


  • Create a Drivers’ Hours Rule Matrix for your fleet

  • Use colour-coded driver logs to identify EU vs GB days

  • Automate reminders for downloading tacho data

  • Perform regular infringement analysis

  • Use toolkits or apps (e.g. SmartAnalysis, Tachomaster) to track limits


Also ensure drivers receive refresher training on rule sets — don’t rely on old CPC knowledge.



14. Final Thoughts: Build Hours Management into Daily Practice


Whether you operate under EU or GB domestic rules — or a combination — your drivers’ hours compliance is one of the most important areas of your Operator Licence responsibilities.

  • Understand the rules

  • Apply the correct system

  • Record, monitor, and audit

  • Educate your drivers

  • Document everything


Hours compliance isn’t just a box to tick. It’s a vital part of keeping your drivers safe, your fleet legal, and your business protected.

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