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Working Time Regulations For Transport Workers

 

Guidance Notes

Working Time Regulations 1998

The Working Time Regulations 1998, which control workers’ hours of work and rest periods, temporarily excluded some sectors when it was first implemented.

These excluded sectors included road transport, which covers mobile workers such as taxi drivers, couriers, coach and lorry drivers.

Working Time (Amendment) Regulations 2003

More protection was given to some mobile workers by the EC Horizontal Amending Directive (HAD) which was implemented into UK Law under the Working Time (Amendment) Regulations 2003.
This gives drivers not covered by EC drivers’ hours rules (such as couriers and taxi drivers), the right to:

  • 48 hour working week
  • Four weeks paid annual leave
  • Health assessments if they are working nights
  • Adequate rest

The Road Transport Directive (RTD), is specific to the road transport sector and will be implemented in the UK by 23 March 2005. It will give mobile workers who are covered by EC drivers’ hours rules, further protection.
This Directive will only apply to employed drivers initially, but will be extended to the self-employed at a later date, probably March 2009.

Summary of Regulations

  • An average 48 hour week with no opt-out
  • Maximum of 60 hours in any given week
  • Maximum 10 hour nightwork limit (night time is between 00:00 and 04:00 hours for goods vehicles)
  • 30 minute break if working time totals between 6-9 hours, or 45 minutes if over 9 hours. Breaks can be divided into minimum periods of 15 minutes

Working Time includes:

  • Driving
  • Loading or unloading
  • Cleaning and maintence of vehicles
  • Waiting time
  • Any other work, e.g., administration duties

It does not include:

  • Periods of availability
  • Breaks during shift
  • Daily or weekly rest
  • Private use of HGV

Calculating the average

In the absence of a Workforce Agreement, the average of 48 hours is calculated over a 17 week (occasionally 18 week) period, commencing 28 March 2005 - i.e., total hours over the relevant period, divided by 17/18.

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