The deal ensures that drivers must adhere to the rules for driving times, breaks and rest periods and the use of tachographs when driving in a vehicle:
- where the maximum permissible mass of the vehicle, including any trailer, or semitrailer, exceeds 3.5 tonnes; or
- from 1 July 2026, where the maximum permissible mass of the vehicle, including any trailer, or semi-trailer, exceeds 2.5 tonnes.
And where the transport includes:
- laden journeys with a vehicle, from the territory of the Party of establishment to the territory of the other Party, and vice versa, with or without transit through the territory of a third country;
- laden journeys with a vehicle from the territory of the Party of establishment to the territory of the same Party with transit through the territory of the other Party;
- laden journeys with a vehicle to or from the territory of the Party of establishment with transit through the territory of the other Party;
- unladen journeys with a vehicle in conjunction with the journeys referred to in points (a) to (c).
- As a driver, you do not adhere to the rules for driving times, breaks and rest periods during the following forms of transport:
- vehicles or combinations of vehicles with a maximum permissible mass not exceeding 7.5 tonnes used for:
- carrying materials, equipment or machinery for the driver's use in the course of the driver's work, or
- for delivering goods which are produced on a craft basis,only within a 100 km radius from the base of the undertaking and on the condition that driving the vehicle does not constitute the driver's main activity and transport is not carried out for hire or reward;
- vehicles with a maximum authorised speed not exceeding 40km/h;
- vehicles owned or hired without a driver by the armed services, civil defence services, fire services, and forces responsible for maintaining public order when the transport is undertaken as a consequence of the tasks assigned to those services and is under their control;
- vehicles used in emergencies or rescue operations;
- specialised vehicles used for medical purposes;
- specialised breakdown vehicles operating within a 100 km radius of their base;
- vehicles undergoing road tests for technical development, repair or maintenance purposes, and new or rebuilt vehicles which have not yet been put into service;
- vehicles with a maximum permissible mass, including any trailer, or semi-trailer exceeding 2.5 tonnes but not exceeding 3.5 tonnes that are used for the transport of goods, where the transport is not effected for hire or reward, but on the own account of the company or the driver, and where driving does not constitute the main activity of the person driving the vehicle;
- commercial vehicles, which have a historic status according to the legislation of the Member State in which they are being driven and which are used for the non-commercial transport of goods. The deal also states that the EU and the UK can agree on similar exceptions, particularly certain exceptions as shown in article 13 of the Driving Time Regulation, so that they may apply to transport in the UK. This requires an agreement between all parties.
The rules for driving times, breaks and rest periods
If you as a driver perform one of the aforementioned transports with a vehicle that exceeds the weight limit and is not included in one of the exceptions, you will have to adhere to the EU rules for driving times, breaks and rest periods as you drive in the EU or the UK or between the territories.
However, it is the rules in the AETR Agreement that apply for the entire transport if it is an international transport that is partly carried out outside the EU and the UK.
Download of data
As a road haulage company, you are still required to ensure that data from the tachograph and driver card is saved. The deal states that the maximum period for downloading the relevant data is 90 days for tachographs and 28 days for driver cards.
Use of driver cards
It is still the same rules in the Tachograph Regulation that apply, and therefore the driver is still required to fill out the record sheet, use the driver card and operate the switch mechanisms on the tachograph correctly amongst other things.
As a driver, you are still required to use the driver card. You cannot have more than one valid driver card and you can only use your own, personal driver card. A driver may not use a non-valid card which is detected as faulty or expired.
A driver can still drive if he or she makes a printout from the tachograph in case the driver card is damaged, malfunctions or is lost or stolen.
Issuing of driver cards
A driver card issued in for example Denmark, can still be used in the UK, since the deal states that every party must accept driver cards issued by the other party. It is furthermore stated that the driver must request the driver card from the competent authority in either the EU or the UK where he or she has his or her normal residence.
Records to be carried by the driver
As when driving in the EU, the driver must also carry data prints and record sheets for the last 28 days when driving in the UK.
Tachographs in vehicles
There will be an equivalent Annex as those that exist in Regulation No 3821/85 and No 2016/79, though adjustments will be agreed upon on behalf of the UK.