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Graduated Fixed Penalties - Driver's Hours Offences & Penalties

Introduction
Certain penalties may be graduated to reflect the nature and severity of an offence as well as the time or location of the contravention. However, the level of the fine as well as the number of penalty points may vary.

Graduated Fixed Penalty Offences here include Domestic, AETR and EC drivers' hours and recording equipment offences (Transport Act 1968). The table below gives an overview of what to expect regarding the offences committed and the penalty issued for the same within this section.
It should also be noted here, that further measures scheduled for introduction in 2010 include graduated penalties with a range of penalty points according to given criteria in respect of excess speed and motorway offences.

For Construction and Use offences, overloading of goods and passenger carrying vehicles as well as Road Speed Limiter offences, please visit Other Offences within this section of the website.

Domestic Drivers Hours
The GB domestic rules, as contained in the Transport Act 1968, apply to most vehicles that are exempt from the EU rules. Separate rules apply to Northern Ireland. The following groups are exempt from the domestic drivers' hours rules:

This table should also be read in conjunction with the table on Recording Equipment (see final table at foot of page).

Section Nature of contravention or failure constituting the offence Seriousness of offence and applicable amount of penalty
£60 £120 £200
96(1) Driving for more than 10 hours more than 10 hours but less than 11hrs 11 hours or more but less than 12 hours 12 hrs or more
96(2) Failure to take break for rest and refreshment Being on duty for up to 1 hour beyond the required break Being on duty for 1 hour or more, but less than 2 hours, beyond the required break Being on duty for 2 hours or more beyond the required break
96(3)(a) Exceeding working day of 11 hours - goods vehicle More than 11 hours but less than 12 hours working 12 hours or more but less than 13 hours working 13 hours or more work
96(4) Failing to take a daily rest period of 11 hrs between two successive working days Less than 11 hours but more than 10 hours daily rest 10 hours or less but more than 9 hours daily rest 9 hours or less daily rest
96(6) Failing to take a weekly rest period of 24 hours Less than 24 hours but more than 23 hours rest 23 hours or less but more than 22 hours rest 22 hours rest or less
96(3)(c) Exceeding the daily working limit of 16 hours in respect of a passenger vehicle to which the Drivers' Hours (Passenger and Goods Vehicles) (Modifications) Order 1971(19) applies More than 16 hours, but less than 17 hours working 17 hours or more but less than 18 hours working 18 hours or more work
96(4) Failing to take a daily rest period between two successive working days by a driver of a passenger vehicle to which the Drivers' Hours (Passenger and Goods Vehicles) (Modifications) Order 1971 applies Less than 10 hours but more than 9 hours daily rest (or, in the case of a reduced daily rest period, less than 8.5 hours but more than 7.5 hours daily rest) 9 hours or less but more than 8 hours daily rest (or, in the case of a reduced daily rest period, 7.5 hours or less but more than 6.5 hours daily rest) 8 hours or less daily rest (or, in the case of a reduced daily rest period, 6.5 hours or less daily rest)
96(6) Failing to take a rest period of 24 hours in each successive two week period by a driver of a passenger vehicle to which the Drivers' Hours (Passenger and Goods Vehicles) (Modifications) Order 1971) applies Less than 24 hours but more than 23 hours weekly rest 23 hours or less but more than 22 hours weekly rest 22 hours or less weekly rest

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EC and AETR Drivers Hours
EC and AETR Drivers Hours rules are applicable under:-

The table below indicates the Article (Column 1) applicable, offence and penalty and should also be read in conjunction with the table on Recording Equipment (see final table at foot of page).

EC/AETR
Article
Nature of contravention or failure constituting the offence Seriousness of offence and applicable amount of penalty
£60 £120 £200
6(1) / 6.1 Daily Driving - exceeding 9 hours More than 9 hours but less than 10 hours driving 10 hours or more but less than 11 hours driving 11 hours or more driving
6(1) / 6.1 Daily Driving - exceeding 10 hours More than 10 hours but less than 11 hours driving 11 hours or more but less than 12 hours driving 12 hours or more driving
6(2) EC Rules only EC Weekly Driving - exceeding 56 hours More than 56 hours but less than 58 hours driving 58 hours or more but less than 59 hours driving 59 hours or more driving
6(3) / 6.2 Exceeding 90 hours accumulated driving time in any two consecutive weeks More than 90 hours but less than 93 hours driving 93 hours or more but less than 94 hours driving 94 hours or more driving
7 / 7(1) Break - exceeding 4.5 hours driving More than 4.5 hours but less than 5.5 hours driving 5.5 hours or more but less than 6.5 hours driving 6.5 hours or more driving
8(1),(2)/ 8.1 Insufficient regular daily rest period in 24 hour period Less than 11 hours but more than 10 hours daily rest 10 hours or less but more than 9 hours daily rest 9 hours or less daily rest
8(1),(2)/ 8.1 Insufficient reduced daily rest period in 24 hour period Less than 9 hours but more than 8 hours daily rest 8 hours or less but more than 7 hours daily rest 7 hours or less daily rest
4(g) and 8(1), (2) Failure to take first rest of at least 3 consecutive hours where daily rest period is split Less than 3 hours but more than 2 hours rest 2 hours or less but more than 1 hours rest 1 hour or less rest
4(g) and 8(1), (2) Failure to take second rest of at least 9 consecutive hours where daily rest period is split Less than 9 hours but more than 8 hours rest 8 hours or less but more than 7 hours rest 7 hours or less rest
4(g) and 8(1), (2) Failure to take daily rest period of at least 12 hours in total, where regular daily rest period is split Less than 12 hours but more than 11 hours rest 11 hours or less but more than 10 hours rest 10 hours or less rest
8(1) and 8(5) Insufficient rest in 30 hour period by a driver engaged in multi-manning Less than 9 hours but more than 8 hours rest 8 hours or less but more than 7 hours rest 7 hours or less rest
8(1) and (6) Insufficient regular weekly rest period Less than 45 hours but more than 43 hours weekly rest 43 hours or less but more than 42 hours weekly rest 42 hours or less weekly rest
8(1) and (6) Insufficient reduced weekly rest period Less than 24 hours but more than 22 hours rest 22 hours or less but more than 21 hours rest 21 hours or less rest
8(6) Failure to take equivalent period of compensatory rest before the end of the third week where reduced weekly rest period has been taken Up to 3 hours less rest than required 3 hours or more but less than 4 hours less rest than required 4 hours or more less rest than required
6.1 of the AETR Exceeding 9 hours daily driving More than 9 hours but less than 10 hours driving 10 hours or more but less than 11 hours driving 11 hours or more driving
6.1 of the AETR Exceeding 10 hours daily driving (where permitted) More than 10 hours but less than 11 hours driving 11 hours or more but less than 12 hours driving 12 hours or more driving
6.2 of the AETR Exceeding 90 hours total period of driving in any one fortnight More than 90 hours but less than 93 hours driving 93 hours or more but less than 94 hours driving 94 hours or more driving
7.1 of the AETR Exceeding 4.5 hours driving without a break More than 4.5 hours but less than 5.5 hours driving 5.5 hours or more but less than 6.5 hours driving 6.5 hours or more driving
8.1 of the AETR Insufficient daily rest period in 24 hour period Less than 11 hours but more than 10 hours rest 10 hours or less but more than 9 hours rest 9 hours or less rest
8.1 of the AETR Insufficient reduced daily rest period (where permitted) in 24 hours period Less than 9 hours but more than 8 hours rest 8 hours or less but more than 7 hours rest 7 hours or less rest
8.1 of the AETR Failure to take equivalent period of compensatory rest before the end of the following week, where reduced daily rest periods taken Up to 3 hours less rest than required 3 hours or more but less than 4 hours less rest than required 4 hours or more less rest than required
8.1 of the AETR Failure to take rest of at least 8 consecutive hours, where daily rest period is split Less than 8 hours but more than 7 hours rest 7 hours or less but more than 6 hours rest 6 hours or less rest
8.1 of the AETR Failure to take daily rest period of 12 hours in total, where regular daily rest period is split Less than 12 hours but more than 11 hours rest 11 hours or less but more than 10 hours rest 10 hours or less rest
8.2 of the AETR Insufficient consecutive rest period of 8 hours in 30 hour period where vehicle is manned by at least two drivers Less than 8 hours but more than 7 hours rest 7 hours or less but more than 6 hours rest 6 hours or less rest
6.1 and 8.3 of the AETR Insufficient regular weekly rest period Less than 45 hours but more than 43 hours rest 43 hours or less but more than 42 hours rest 42 hours or less rest
6.1 and 8.3 of the AETR Insufficient reduced weekly rest period if taken where the vehicle is normally based or where the driver is based Less than 36 hours but more than 34 hours rest 34 hours or less but more than 33 hours rest 33 hours or less rest
6.1 and 8.3 of the AETR Insufficient reduced weekly rest period of 24 hours if taken elsewhere than where the vehicle is normally based or where the driver is based Less than 24 hours but more than 22 hours rest 22 hours rest or less but more than 21 hours rest 21 hours or less rest
6.1 and 8.3 of the AETR Failure to take sufficient compensatory rest for reductions in weekly rest period before the end of the third week in question Up to 3 hours less rest than required 3 hours or more but less than 4 hours less rest than required 4 hours or more less rest than required

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Recording Equipment
Recording Equipment falls within the bounds of EEC 3821/85 - Section 97(1) Transport Act 1968. There are specific requirements laid down within the regulations, some examples of which are:-

The table below should therefore be read in conjunction with either the Domestic Hours or EC/AETR tables (above) - whatever is applicable.

Article Nature of contravention or failure constituting the offence Penalty
3(1) Failure to ensure recording equipment installed £200
13 Failing to ensure correct functioning of recording equipment or driver card £60
13 Failing to ensure the proper use of the recording equipment £120
13 Failing to ensure the proper use of the driver card £200
14(1) Failing to ensure that printing can be carried out correctly in the event of an inspection (other than a failure to provide sufficient printing material) £120
14(1) Failing to ensure that printing can be carried out correctly in the event of an inspection by a failure to provide sufficient printing material £60
14(4)(a) Using driver card of which the driver is not the holder £200
14(4)(a) Using a defective driver card £60
15(1)(a) Failure, at the start of the journey, to print out information required, etc. £120
15(1)(b) Failure, at the end of the journey, to print out the information required, etc. £120
15(2) Failure to use record sheets or driver card £200
15(2) Unauthorised withdrawal of record sheet or driver card £120
15(2) Failure to enter legibly on the record sheet, when away from the vehicle, periods of time £120
15(2) Failure to amend record sheet or driver card as necessary when more than one driver on board the vehicle £120

Further Reading
To further endorse the information above and to find out more, please visit the links below.

Guide to Graduated Fixed Penalties - Vosa PDF logo
Enforcement Policy - Vosa PDF logo

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