Applicable drivers’ hours and tachograph rules for goods and passenger service vehicles used for international transport journeys between the UK and EU

Some new requirements come into force on 31 December 2024 for some commercial international transports driving in scope of drivers’ hours and tachograph rules. There are no changes affecting any vehicles used solely within the United Kingdom.

Goods Vehicles

For in-scope goods vehicles (i.e. HGVs weighing over 3.5 tonnes) on journeys made under the UK/EU Trade and Cooperation Agreement (TCA), there are two new requirements effective from 31 December:

Firstly, drivers of in-scope goods vehicles, being used for international transport journeys further to the TCA (including between the UK and EU), will need to produce 56 days’ worth of records instead of the current 28 days. This includes digital data, analogue charts, and any other manual records.

Secondly, the retrofit of a smart tachograph 2 will be required for the use of these in-scope goods vehicles on international transport journeys, instead of analogue or digital tachographs, from 31 December 2024. There is a further deadline for retrofitting in-scope vehicles using a smart tachograph 1 with a smart tachograph 2 of 19 August 2025.

Neither of these requirements apply to drivers of in-scope vehicles used for domestic journeys. 

Passenger Service Vehicles

It has been established with the EU and its enforcement authorities that for in-scope passenger service vehicles (i.e. PSVs with more than 10 seats), international transport journeys between the UK and EU are to operate under the AETR[1] drivers’ hours and tachograph rules. This enables the UK to meet its international obligations under the TCA and the Interbus Agreement.

Therefore, these journeys must comply with the AETR rules including where they differ from the UK “assimilated drivers’ hours rules” (Regulation (EC) 561/2006, as it has effect in the UK[2]) and the assimilated tachograph rules (Regulation (EU) 165/2014, as it has effect in the UK[3]). 

The main drivers’ hours provisions in the AETR, such as maximum driving limits and minimum break and rest requirements, are aligned with the assimilated rules. However, there are a number of differences, mainly that the AETR rules do not include any of the changes made by the EU Mobility Package[4] which was implemented in August 2020. Please see Section 1.12 of the link below to the guidance on gov.uk on the AETR rules:

https://www.gov.uk/guidance/drivers-hours-passenger-vehicles/1-eu-and-aetr-rules-on-drivers-hours

This also means the 56-day recording requirement will not apply to any passenger service vehicles (i.e. PSVs with more than 10 seats) including those used for international transport journeys between the UK and EU. The 28-day requirement continues to apply for drivers’ records.

The Department has supported and continues to support the adoption of the smart tachograph. Any PSV already equipped with a smart tachograph 1 or 2 will still be compliant with the AETR rules, as the smart tachograph meets the requirements for a digital tachograph but has additional functionalities.

The Department is considering whether the current requirement for a UK registered passenger vehicle on a journey within the UK and EU with an analogue or digital tachograph to be retrofitted with a smart tachograph 2 from 31 December 2024 should be maintained. Whilst this is being considered, this requirement will not be enforced against for these vehicles and an update on this point will be provided as soon as possible.

PSVs used on domestic journeys must continue to follow the UK assimilated drivers’ hours rules. There are no changes to the rules or the enforcement of the rules.

[1] The European Agreement concerning the Work of Crews of Vehicles engaged in International Road Transport (AETR)

[2] Regulation (EC) 561/2006, as amended by Regulation (EU) 2020/1054 and the following domestic regulations: SI 2019/453; SI 2020/1658; 2021/135 and SI 2022/1260

[3]   Regulation (EU) 165/2014, as amended by Regulation (EU) 2020/1054 and the following domestic regulations: SI 2019/453; SI 2020/1658; 2021/135; SI 2022/1260 and SI 2023/739

[4] Mobility Package changes made by Regulation (EU)2020/1054

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