One of the most important changes is that the EU tachograph rules will now be known in the official guidance as the ‘Assimilated Rules’, albeit for the purposes of this article, we have kept to the traditional description.
The Drivers’ Hours and Tachographs (Amendment and Modification) Regulations 2025 came into force on 21 April 2025, implementing changes to the UK version of the EU drivers’ hours rules and record-keeping obligations and minor changes to the list of infringements for enforcement purposes under the UK version of the EU’s O licence regulations (1071/2009).
PSV
For UK operations there is no practical change for the position set out earlier this year. The rules are the same: drivers should have 28 days of historic records with them and the detail can be found in the DVSA’s official guide (go to www.tinyurl.com/ywz9suss).
For international operations, PSVs were not required as part of the EU/UK Trade and Cooperation Agreement to stay within the EU tachograph rules, and therefore UK operators have, instead, to comply with the AETR (the European agreement for rules on international road transport). These long-existing AETR rules are very similar to the EU tachograph rules.
However, there are some differences as the AETR agreement tends to lag behind the latest version of the EU rules by some years. It is for this reason the requirements that relate to Smart Tachograph 2 in the EU rules are not the same under AETR provisions.
Implications for operating in Europe?
The PSV driver does not need to have the additional 56 days’ records with him in the EU – the 28 past days (in addition to the current driving day) they require in the UK will suffice. And some of the rules including relaxations to help drivers return home or to their operational centre are not implemented in the AETR yet so the older rules must be complied with. Furthermore, weekly rest periods cannot be interrupted on a ferry or train under AETR but they can under the Assimilated Rules/EU rules. So, a PSV driver on an international journey which must comply with AETR cannot interrupt their weekly rest.
Enforcement agencies across the EU may well expect, on the ground, coach drivers to comply with the 56-day record-keeping requirement and the other requirements of the 20:20 mobility package which has not all been transferred into the AETR rules. You may prefer to train your drivers to carry 56-day records that a European official will be expecting to see to avoid arguments at the roadside.
It is also worth noting that some of the relaxations to enable vehicles to get home towards the end of their driving period contained within the mobility package are not available on international journeys under the AETR journeys. This will become important, for example when returning to the UK, for some drivers who have been operating in the EU under AETR rules.
Over time, it is highly likely that those responsible for managing the AETR rules will further harmonise them with the latest set of EU rules, including requirements as to Smart Tachograph 2.
HGV
For those who operate exclusively within the UK, there is no significant change to the position prior to the amendments. For guidance on the current rules, see www.tinyurl.com/nhz65nth.
For UK/EU international operators, the latest changes harmonise the requirements for operators that are operating in the UK and the EU, with EU requirements. Particularly, the requirement for drivers to have 56 days of historical record (as opposed to 28 days) when they are driving on international work. This will also be required where drivers are on the UK leg of that work. The 56-day requirement will also be required regardless of the EU-nationality of the vehicle or operator.
Full guidance on the impact of the changes is set out here: www.tinyurl.com/nhz65nth.
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