From 6 April 2005, workers performing mobile road transport services, principally drivers of commercial goods and passenger vehicles, are restricted to an average working week of 48 hours and an absolute average of 60 hours.

The Road Transport (Working Time) Regulations 2005 require that a mobile worker's average working time should not exceed 48 hours per week over a reference period of 17 weeks, or up to 26 weeks where agreed between worker and employer. The Regulations set dates to establish fixed reference periods but employers and workers may agree different fixed dates. Alternatively, employers may choose the more complex system of calculating the reference period set out in the Working Time Regulations 1998 so that they are able to apply the same system to mobile and non-mobile workers.

Hours worked for other employers must be combined so as not to exceed the limits. Employers must ask their workers for that information and workers are obliged by law to reply in writing.

The rules for work breaks require a 30 minute break where working time is between 6 and 9 hours, and a 45 minute break where working time exceeds 9 hours. The breaks may be taken in separate periods of not less than 15 minutes.

Night work is restricted to 10 hours per night but the limit may be exceeded in exceptional circumstances.

The Regulations apply to mobile workers, defined as "a worker forming part of the travelling staff, including trainees and apprentices, who is in the service of an undertaking which operates transport services for passengers or goods by road for hire or reward or on its own account". Mobile workers supplied by agencies are also included.

However, the Regulations do not apply to self-employed drivers, defined as "anyone whose main occupation is to transport passengers or goods by road for hire or reward … who is entitled to work for himself and who is not tied to an employer by an employment contract or by any other type of working hierarchical relationship, who is free to organise the relevant working activities, whose income depends directly on the profits made and who has the freedom, individually or through a co-operation between self-employed drivers, to have commercial relations with several customers."

Discuss this news item in the PayPerShop Forum

...back to 24 March 2004

Sources:
Statutory Instrument 2005 No. 639
Statutory Instrument 2005 No. 639