The Working Time Regulations have been in place
for a number of years.
These regulations can require changes to current working patterns and hours
of work that are difficult to develop manually. |
The basic rights and protections that the Regulations
provide are: |
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a limit of an average of 48 hours
a week which a worker can be required to work, (though workers
can choose to work more if they want to). |
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a limit of an average of 8 hours work in 24 which
night workers can be required to work. |
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a right to 11 hours rest a day. |
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a right to a day off each week. |
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a right to an in-work rest break if the working
day is longer than six hours. |
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a right to four weeks paid leave per year. |
Working
Time Directive for the Road Transport sector |
(From the Dept.
for Transport web site). |
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There are two directives on working time that will affect drivers in
the road transport sector.
The first is the horizontal amending directive (2000/34/EC), which implemented
in the UK on 1 August 2003 under the Working Time (Amendment) Regulations
2003 (SI.1684) affects nearly everyone in the transport sector.
Non-mobile workers in the road transport sector will be affected by all
the provisions under this directive.
However, only some of its provisions affect mobile workers.
The second directive (2002/15/EC), usually referred to as
the "road transport directive" (RTD is specific
to the road transport sector. It only affects mobile workers
who participating in road transport activities covered by
EU drivers' hours rules (Regulation (EEC)3820/85). The UK
has until 23 March 2005 to implement this directive.
Horizontal Amending Directive (HAD):
Four provisions will affect drivers who fall outside the
scope of the sector specific directive - i.e. drivers of smaller
vehicles and drivers of other vehicles that are exempt from
the EU drivers' hours rules. These provisions are;
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the 48 hour average working week, |
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the requirement to have four weeks paid annual leave, |
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regular health checks for night workers, and |
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the need for "adequate rest". |
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Under this amending directive workers are allowed to opt-out of the 48
hour average working week.
Mobile workers subject to the Road Transport Directive are only entitled
to annual leave and health checks.
Guidance on the application of the existing working time regulations,
as amended by the Horizontal Amending Directive can be found on the DTI
web site or can be obtained from the orderline number 0870 1502 500.
The Road Transport Directive (RTD):
In addition to the annual leave and health checks requirement
of the Horizontal Amending Directive (HAD), the Road Transport
Directive (RTD) introduces additional protection for mobile
workers.
Employees within the scope will be covered by 23 March 2005 and self-employed
drivers should be covered by 23 March 2009.
The directive includes:
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Weekly "working time" is restricted
to an average 48 hour week and a maximum 60 hours in any
single week. |
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There is no "opt-out" for individuals wishing
to work longer than an average 48 hour week, but break periods
and 'periods of availability' do not count as working time. |
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Periods of availability include accompanying a vehicle
on a ferry crossing and waiting for a vehicle to be
loaded / unloaded.
However, drivers need to be notified in advance about these periods
(i.e. just before the start of the period in question), and their
approximate duration.
For mobile workers driving in a team, it includes time spent sitting
next to the driver while the vehicle is in motion.
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the need for "adequate rest". |
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Night workers are limited to 10 hours work in each
24 hour period.
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Derogations are available for Member States under the
Road Transport Directive.
Under certain circumstances, derogations can be permitted from the
10 hour daily limit for night work, and increase the reference period
for the 48 hour average week can also be increased from 4 to 6 months.
There is no derogation from the 60 hour maximum week. |
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Breaks: Workers must have a
break after 6 hours.
A break of 30 minutes is required for 6-9 hours work; 45 minutes
for over 9 hours.
Breaks can be divided into 15 minute slots.
Where mixed driving and working is carried out, the drivers' hours
rules on breaks (EC/3820/85) take precedence. |
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Rest: Same as drivers' hours rules (EC/3820/85) or
failing that, the AETR Agreement - but also applies
to trainees.
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Self-employed drivers who do not satisfy the criteria
under the definition of the "self-employed driver" will
be covered from 2009. Under this definition, self-employed
drivers should have a "community licence or any
other professional authorisation to carry out aforementioned
transport.., are not tied to an employer by employment
contract or by any other type of hierarchical relationship..,
whose income depends directly on the profits made...,
[and] has commercial relations with several customers"
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Member States are required to introduce penalties that are "effective,
proportional and dissuasive".
We plan to launch a consultation document for the implementation
of this directive in the summer of 2003.
Contact:
Naomi Odubunmi
Department for Transport
Road Freight Operations Policy (RFOP5)
Zone 2/23Great Minster House
76 Marsham Street
London
SW1P 4DR
Tel: 020 7944 3186
Fax: 020 7944 2928
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