LRD guides and handbook September 2014

Health and safety law 2014

Chapter 9

Drivers’ working hours

[ch 9: pages 150-151]

Two sets of working time regulations and two sets of parallel regulations control working time on the roads. The Road Transport (Working Time) Regulations 2005 affect mobile workers (mainly drivers, crew and other travelling staff) who are travelling in vehicles subject to the EU Drivers’ Hours Regulations. The regulations introduced limits on weekly working time (excluding breaks and periods of availability) and a limit on the amount of work that can be done at night. They also specify how much continuous work can be done before taking a break and introduce daily and weekly rest limits for the crew and travelling staff. Under the regulations, working time for mobile workers must not exceed:

• an average 48-hour week (normally calculated over a four-month reference period);

• 60 hours in any single week; or

• 10 hours in any 24-hour period, if working at night.

A reference period for the average 48-hour week may be extended from four to six months and the amount of night work can exceed 10 hours if a collective or workforce agreement is in place.

Alternatively, mobile workers may be covered by the WTR plus the domestic Drivers’ Hours rules. Since 11 May 2012, self-employed drivers have been covered by the Road Transport (Working Time) Regulations.

The rules on drivers’ hours and tachograph use in the UK are very complex.

Detailed guidance is available from the Department of Transport at: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/208091/rules-on-drivers-hours-and-tachographs-goods-vehicles-in-gb-and-europe.pdf.