Road Traffic Act, 1933

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Limitations on periods of continuous driving.

169.—(1) Each of the following periods or series of periods of driving shall be deemed to be an excessive period for the purposes of this section, that is to say:—

(a) any continuous period of driving exceeding five and one-half hours;

(b) any series of continuous periods of driving amounting in the aggregate to more than eleven hours in any period of twenty-four hours beginning two hours after midnight;

(c) any period or series of periods of driving so arranged that the driver has not at least ten consecutive hours for rest in every period of twenty-four hours beginning at the commencement of any period of driving.

(2) For the purposes of the next preceding sub-section of this section—

(a) where a driver has at least nine consecutive hours for rest in a period of twenty-four hours beginning at the commencement of a period of driving, such period of at least nine consecutive hours shall be reckoned as a period of ten consecutive hours if such driver has at least twelve consecutive hours for rest in the twenty-four hours next after the expiration of the above-mentioned period of twenty-four hours;

(b) any two consecutive periods of driving shall be deemed to form and be one continuous period unless such two periods are separated by an interval of not less than half-an-hour during which the driver can obtain rest and refreshment;

(c) any time spent by the driver of a vehicle on work (other than driving) in relation to such vehicle or the load carried thereon, including in the case of a public service vehicle any time spent in any capacity (other than as driver or as a passenger) on such vehicle while on a journey, shall be reckoned as time spent in driving;

(d) in the case of a vehicle which is being used for or in the course of any operation of agriculture or forestry, time spent driving or working on or in connection with such vehicle while it is not on a road shall not be reckoned as time spent in driving.

(3) Every person who drives or causes or permits any person employed by him or subject to his orders to drive for an excessive period a mechanically propelled vehicle which either is a large public service vehicle or is designed and constructed solely for the traction of another vehicle or is fitted with a body designed and constructed solely for the carriage of goods or two or more such vehicles successively shall be guilty of an offence under this sub-section and shall be liable on summary conviction thereof to a fine not exceeding five pounds.

(4) Where a person is charged with an offence under any sub-section of this section, it shall be a good defence to such charge to prove that the act alleged to constitute such offence was due to delay in the completion of a journey and that such delay was unavoidable and was caused by circumstances which could not reasonably have been foreseen by such person.

(5) As soon as conveniently may be after the passing of this Act the Minister for Industry and Commerce shall by order establish for the purposes of this section an advisory body, and shall by such order provide for the constitution and procedure of such body and for the appointment, tenure of office, and removal of the members of such body, for the filling of casual vacancies in such body, and for any other matter in relation to such body which, in the opinion of the said Minister, is necessary for the due functioning of such body under this section.

(6) Notwithstanding anything contained in the next preceding sub-section of this section, the advisory body to be established under that sub-section shall consist of five members of whom all shall be appointed by the said Minister and—

(a) one shall be so appointed to be the chairman of such body, and

(b) one other shall be so appointed as representative of employers in the business of road transport, and

(c) one other shall be so appointed as representative of persons employed in the business of road transport, and

(d) one other shall be so appointed as representative of owners of mechanically propelled vehicles which are not used for the carriage of passengers or goods for reward, and

(e) one other shall be so appointed as representative of persons employed as drivers of mechanically propelled vehicles which are not used for the carriage of passengers or goods for reward.

(7) The Minister for Industry and Commerce may, on the application of any person who appears to him to be representative of employers affected by the operation of this section or of employees similarly affected and after referring the matter to and being advised by the advisory body to be established under this section and if he is satisfied that the proposed order will not be detrimental to the public safety, by order vary in any manner any period which is declared by this section, or by any order previously made under this sub-section, to be an excessive period for the purposes of this section.

(8) The Minister for Industry and Commerce may, on the application of any person appearing to him to be interested or concerned in the use of mechanically propelled vehicles on any particular occasion or in relation to or as part of any particular event, and after referring the matter to and being advised by the advisory body to be established under this section, and if he is satisfied that the proposed order will not be detrimental to the public safety in relation to such occasion or event and is otherwise expedient in the circumstances, by order vary in any manner or wholly suspend, in relation to or for the purposes of such event or occasion, any period which is declared by this section or by any order previously made under this section to be an excessive period for the purposes of this section.

(9) Notwithstanding anything to the contrary contained in any other section of this Act, this section shall not apply to or in respect of vehicles owned by the State and used for military or police purposes or to or in respect of persons in the public service of the State driving vehicles so owned and used.