The Road Transport (Working Time) Regulations - Employment Law News Spring 2005

01 April 2005

Background

The draft Road Transport (Working Time) Regulations (the ‘Regulations’) were published in early November. They will affect many businesses, not just those directly involved in the road transport sector, and they come into force on 23 March 2005.

The Regulations will affect not only drivers who are involved in operations subject to tachograph rules, i.e. goods vehicles over 3.5 tons and coaches, but also ‘mobile workers’ such as vehicle crews and others who form part of the travelling staff.

Any worker who works as a driver or other ‘mobile worker’ for 11 or more days in any 26 week period is likely to be covered by the Regulations.

The Regulations will not apply to self-employed drivers until March 2009. However, the definition of self-employed in the Regulations is very narrow.
Working Time Limits

Employers must ensure that workers do not work more than an average 48 hour week, or more than 60 hours in any one week. Unlike other working time regulation, mobile workers cannot opt out of the weekly limit.

‘Working Time’ includes:

• Driving;
• Loading / unloading;
• Assisting passengers boarding / disembarking from a vehicle;
• Cleaning and maintenance of vehicles;
• Waiting periods where the duration is not known in advance.
   

‘Working Time’ does not include:

• Rest breaks when no work is done;
• Periods of availability;
• Voluntary work and activities outside the definition of ‘Working Time’.
   

A period of availability is waiting time the duration of which is known about in advance by the mobile worker e.g. time when a worker is accompanying a vehicle being transported by boat or train, or time spent waiting at frontiers.

Working At Night

Working Time must not exceed 10 hours in any 24 hour period if any of those 10 hours are within the period of night-time. The night-time period for goods vehicles is between midnight and 4am, and for passenger vehicles is between 1am and 5am.

It is possible to exceed the night-work limit if there is a ‘relevant agreement’ in place.

Record Keeping & Enforcement

Employers are required to keep records for 2 years after the end of any relevant period and must make the records available for inspection and must inform employees of their responsibilities to provide information.

The Vehicle and Operator Services Agency (VOSA) will enforce regulation in Great Britain. Its guidance suggests that initially enforcement will focus on educating employers and workers rather than on prosecution.

What Can Be Done Now?

• Consider the work carried out by employees and identify activities which count as Working Time and those which do not. In particular carefully consider what may or may not amount to a ‘period of availability’.
• Consider if any self-employed drivers will be covered by the Regulations from March 2005 (rather than March 2009).
• Identify any mobile workers who may be affected by night-work regulation.
• Decide what records and systems you are going to use to record working time.

‹ Back

• © Furley Page LLP 2008
• | LLP
• | Terms and Conditions
• | Privacy Policy
• | Site Map
• | Accessibility