DRIVING REGULATIONS
2.1 Legal Requirements
2.1.1. Driving Qualifications
2.1.1.1 To have secured employment as a tanker or cylinder driver with the Company, a driver must hold an ADR Certificate for the classification of products that we deliver, a full driving licence and a Large Goods Vehicle Licence Class C + E, or for the class of vehicle he or she is employed to drive. This certificate must be carried at all times and presented on request to the enforcement authorities, Management or their delegated authority.
2.1.1.2 There is a minimum requirement for all drivers’ licences to be checked annually by Management to ensure their continued validity. Any changes in the licence, e.g. endorsements, should be notified to Management, immediately it is known.
2.1.2 Driving Offences
2.1.2.1 Several Road Traffic and Transport Acts deal with all motoring offences. Drivers convicted of offences under these acts will incur penalty points, which will be endorsed on their license. Should a driver of a company vehicle be stopped by the police or charged with a traffic offence such as speeding or parking etc, he must report the incident as soon as possible to Management.
All driving convictions should be notified immediately to the Company.
2.1.3 Seat Belts
2.1.3.1 Seat belts are fitted in all Company vehicles and wearing of seatbelts is a condition of employment. Not to do so is an offence by law. Failure to wear the belt could affect an insurance claim resulting from an accident. Failure to carry out this instruction will result in disciplinary action.
2.1.4 Passengers
2.1.4.1 Unauthorised passengers, loads or animals are not permitted to be carried on Company vehicles. Authorised passengers must wear a seat belt.
2.1.5 Speeding
2.1.5.1 Drivers should comply with road speed limits at all times. Regardless of the speed limits, drivers should always drive at a speed consistent with the conditions of the road, traffic density and visibility, always allowing the appropriate margin from the vehicle in front.
2.1.6 Speed Limiters
2.1.6.1 Delivery vehicles of 7.5Tonnes GVW and above are fitted with road speed limiters set at 56mph. If the limiter becomes defective, on return to its base, the fault should be reported to the Depot Manager on appropriate defect report form.
2.1.7 Alcohol and Substance Abuse
2.1.7.1 It is the Company’s policy and duty to maintain a safe, healthy and productive working environment for all employees, contractors and any other individuals involved in its operation.
Recognising the continued and growing problem of substance abuse in society, the Company will take, in so far as it is reasonably possible, action to prevent any such abuse which increases the potential for ill health, accidents, absenteeism, substandard performance or which other wise adversely affects its employees or customers.
In the context of this policy:
“SUBSTANCE” includes alcohol, illicit drugs, prescription and over-the-counter medication or any other substance which, when used, can impair an individual.
“ABUSE” is use of any substance in such a way as to intentionally modify behaviour or mood other than therapeutic medication as directed by a medical practitioner.
To assist in the prevention and early recognition of substance abuse the Company will include specific testing to identify abuse in any pre-employment medical examinations.
Additionally, testing will be undertaken in specified “for cause” situations in which a particular incident, behaviour or performance creates reasonable concern that substance abuse may be a contributory factor.
The Company recognises that substance abuse is complex medical condition which if untreated can result in permanent disability or death.
Unlike other conditions it can only be successfully controlled with the full co-operation of the individual involved and the Company will provide employees with appropriate opportunities and reasonable assistance to obtain the necessary treatment.
Notwithstanding the Company’s primary intention to assist those with substance abuse problems, this policy does not affect Management’s responsibility to maintain discipline, and a safe working environment, as well as to deal with cases of misconduct, unsatisfactory job performance or attendance.
Certain situations occurring on the Company’s property or involving any employee during working hours will be considered to be serious misconduct:
- Possession, use, sale of illicit drugs or associated paraphernalia.
- Possession, use, sale of alcohol.
- Sale or improper use of any other substance which could result in impairment.
- Failure to co-operate with a reasonable request to “test” in “for cause” situations.
- Impairment during working hours due to substance abuse.
Any of the above will result in disciplinary action up to and including termination of employment, exclusion from the Company premises, and if appropriate, notification of legal authorities.
They will also apply to Contractors, Subcontractors, their employees, agents or visitors who will be advised of and must comply with the Company’s policy.
THE COMPANY RESERVES THE RIGHT TO CARRYOUT RANDOM TESTS ON EMPLOYEES.
2.1.8 Drivers Hours Rules
2.1.8.1 As a Driver, your hours of work are limited by three main areas of law, the EU drivers’ hours’ rules, the domestic drivers’ hours’ rules and the road transport regulations on working time. For a simplified explanation, See ANNEX F.
2.1.9 Working Time Directive
2.1.9.1 In line with European Regulations, the Company operates two, twenty six week periods for calculation of driver’s hours in conjunction with the Working time Directive – January to June & July to December.
2.1.9.2 In these periods, drivers must not exceed an average of 48 hours worked per week, with the maximum of 60 hours in any one individual week
These rules apply to all drivers subject to Tachograph rules.
2.1.10 Tachographs
2.1.10.1 Drivers of vehicles covered by the EU drivers’ hours rules must use EU type approved Tachograph to record their periods of driving, work and rest, the vehicle’s speed and distance covered. A Tachograph can also be used as an alternative to written records of domestic driver’s hour’s rules.
2.1.10.2 There are two main types of Tachograph – ANALOGUE & DIGITAL.
2.1.11 Analogue
2.1.11.1 It is the driver’s responsibility to ensure the correct chart is used for the Tachograph fitted to the vehicle. New and used charts must be kept in a clean and undamaged condition.
2.1.11.2 If a second vehicle has a different type of Tachograph instrument fitted, complete a new chart and retain both. E.g. Changing a vehicle during a shift.
2.1.11.3 If a Tachograph fault occurs during a journey, the driver may complete that journey providing he manually makes a full record of the detail, which would otherwise have been recorded automatically. This should be done on the reverse side of the chart in the manual section provided. In general a vehicle should not remain in service after a defect on a Tachograph has been reported. However, there are special circumstances when it is permissible to remain in service. Management will advise accordingly.
When on duty, drivers must have in their possession, Tachograph charts for the current day and the previous 28 Calendar days.
2.1.11.4 The Company, by law, has to undertake checks of the Tachograph charts to ensure the regulations are being complied with and if breaches are found take steps to avoid any further repetition. A Tachograph chart is a record of the driver’s activities throughout a 24-hour period. All charts should be handed in to office, retaining only the charts as detailed above (29 days maximum).
2.1.11.5 If requested the driver must produce the charts to any enforcing officer.
If any enforcing officer examines the daily chart, the driver must request the officer to sign the chart to signify he has removed it from the instrument.
2.1.11.7 If for any reasons the authorities impound the chart the driver must ask for a receipt giving details of activities shown on the chart. Insert a new chart before continuing the journey.
2.1.11.8 It is an offence to attempt to falsify a Tachograph chart, or to interfere with the Tachograph recording equipment.
2.1.12 Digital
2.1.12.1 Digital Tachographs work by storing data on your activities and the vehicles speed and distance in their own memory and recording it separately on a driver’s smart card. The Company must periodically download (in other words copy) data from the digital Tachograph (often known as the Vehicle Unit or VU) and from your drivers card and analyse the information to ensure that you have complied with the rules.
Driver cards should be downloaded every three weeks.
2.1.13 Inspection of Records
2.1.13.1 The Company employs a third party’s services to carry out quality monitoring of Tachograph records. This is a monthly inspection.
2.1.13.2 It is the responsibility of Management and drivers to ensure that all Tachographs are completed correctly, maintained in sequence on file and available for inspection. If any discrepancies are noted, drivers will be shown a copy of the inspection report and will be asked to sign it. This will be retained on file. The summary sheet is sent to the CPC holders.
2.2 Security
2.2.1 Drivers must take precautions to ensure their security and the security of their vehicle and load at all times.
2.2.2 Security Guidance for Drivers of Dangerous Goods is found in Annex B.
2.3 Policy for use of Mobile Phones (Bulk Fuels)
2.3.1 In accordance with health and safety law, road safety and best practice this is BLANK Mobile Phone Policy:
It is the Company’s policy and duty to maintain a safe, healthy and productive working environment for all employees. With the continued and growing use of mobile phones the Company has recognised a need for a policy regulating the use of personal mobile phones at work.
Office Workers
Personal mobile phones should not be used at any time during your working hours, unless to make or receive an urgent personal phone call. Alternatively, you may use your mobile during break times.
Tanker/Vehicle Drivers
All vehicles are fitted with a hands free or bluetooth phone kit. These phones are for work use only. If, for whatever reason, you are unable to use the hands free or bluetooth, you must park your vehicle in a safe place before making a phone call.
Personal mobile phones should not be used at any time during your working hours unless to receive or make an urgent call and only when you have parked your vehicle in a safe place to do so.
Using your works mobile phone without using the hands free kit or bluetooth kit is illegal and would constitute as gross misconduct.
Non-observance of this policy could result in dismissal.
2.4 Legal Documents
2.4.1 Ensure that your vehicle has a copy of the ‘Instructions in Writing’ (See ANNEX N) and the delivery ticket contains the correct information concerning ADR product descriptions (See ANNEX C).
HEALTH AND SAFETY REGULATIONS
3.1 Health, Safety & Environmental (HSE) Policy
3.1.1 The Company HSE Policy must be read and understood by all employees.
3.2 Drugs & Alcohol Policy
3.2.1 Drivers MUST carry out their duties without risk to their performance being impaired by drugs or alcohol.
3.2.2 Drivers found being under the influence of drugs or alcohol will be disciplined under company policy.(See Substance Abuse Policy).
3.2.3 A full copy of the company Health & Safety policy is available on request.
3.3 Risk Assessment
3.3.1 Under Health & Safety Legislation, the company has a duty to assess the risks to their employees and others who may be affected by their work.
3.3.2 A risk assessment is a careful examination of what, at work, could cause harm to people to ensure that enough precautions have been taken to prevent harm.
3.3.3 Copies of risk assessments are kept at all depots and drivers shall be familiar with the current assessments that affect their work.
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