The Road Transport (Working Time) Regulations 2005 as amended (‘the 2005 Regulations’) apply to mobile workers who are regulated by EU/ AETR driver’s hour’s rules and to those who operate transport services. There are different rules for occasional mobile workers (see text boxes below for definitions).
A mobile worker is defined as being any worker forming part of the travelling staff (including trainees and apprentice) who is in the service of an undertaking, which operates transport services for goods or passengers, by road for hire or reward or on its own account.
The 2005 Regulations define working time as the time from the beginning of work, during which the mobile worker is at the workstation (this includes in the vehicle) at the disposal of the employer and exercising his functions or activities – i.e. time devoted to all road transport activities including:
The main provisions of the 2005 Regulations are as follows:
If a mobile worker works for more than one employer who operates vehicles regulated by EU/ AETR drivers’ hours the worker must inform each employer in writing of the hours worked for another employer
The reference period for calculating the 48-hour week is normally 17 weeks, but it can be extended to 26 weeks if this is permitted under a collective or workforce agreement.
There is no ‘opt-out’ for individuals wishing to work longer than an average 48-hour week, but breaks and ‘periods of availability’ do not count as working time.
A period of availability (POA) is waiting time, the duration of which must be known in advance. Examples of what might count as a POA are accompanying a vehicle on a ferry crossing or waiting while other workers load/unload the vehicle. For mobile workers driving in a team, a POA would also include time spent sitting next to the driver while the vehicle is in motion (unless the mobile worker is taking a break or performing other work ie navigation).
In addition, mobile workers are affected by two provisions under the Working Time Regulations 1998 (as amended – ‘the 1998 Regulations’). These are:
Drivers who only occasionally drive vehicles subject to the EU/ AETR drivers’ hours rules, may be able to take advantage of the exemption from the 2005 Regulations for occasional mobile workers (see text box below for the criteria).
Self-employed drivers were brought in scope of the EU/ AETR Working Time Directive 2002/15/EC in GB in May 2012, by the Road Transport (Working Time) Amendment Regulations 2012.
The employer is responsible for keeping working time records, making the records available for inspection and informing workers of their responsibilities. Records must be kept regardless of whether or not the operation works close to the average 48-hour weekly working time limit and need to be kept for 2 years after the end of the reference period in question.
Mobile workers must see details of any relevant agreement in advance.
On request from an employer, a mobile worker must inform that employer (in writing) of work performed for another employer.
Employment agencies/employment businesses must keep working time records if the mobile worker is paid by (or via) them.
Owner-drivers who do not meet the criteria for a self-employed driver should keep a record of their own working time.
DVSA enforces the provisions of the 2005 Regulations and the requirement for health checks for night workers (under the 1998 Regulations). For any questions about matters relating to annual leave, call the Advisory, Conciliation and Arbitration Service (Acas) national helpline on 0300 123 1100, for free support and advice.
Definition of a self-employed driver under the 2005 Regulations
‘Self-employed driver’ means anyone whose main occupation is to transport passengers or goods by road for hire or reward within the meaning of Community legislation under cover of a Community licence or any other professional authorisation to carry out such transport, 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 (Regulation 2 of SI 2005/639).
Definition of an occasional mobile worker under the 2005 Regulations
A mobile worker would be exempt from the 2005 Regulations if:
Source – DVSA
