Vehicle & Operator Services Agency v Wright [2011] EWHC 1389 (Admin), [2011] All ER (D) 09 (Jun)
Council Regulation (EC) No. 561/2006 (on the harmonisation of certain social legislation relating to road transport) clearly mandated the recording of the full extent of all driving of all vehicles to which the regulations applied and then controlled the extent to which that driving might take place. The concept of free disposal of time did not negate the provisions of the regulations in relation to the recording of all driving of vehicles to which the regulations applied and which would undermine the rest required. The Transport Act 1968 applied to any person who was driving in the course of employment or business. It was not seeking to define what type of driving was covered by the Act. It did not provide that references to driving were to driving in the course of employment or business but references to driving by any person were references to “his driving as aforesaid”.
The 2006 regulation was directly effective in domestic law unless there were any express exceptions. Domestic law made no provision for a
