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A BRIEF GUIDE TO THE WORKING TIME REGULATIONS
The rules are quite different to the tachograph regulations and Operators must be careful to make sure they are compliant with both sets of rules.
First of all, the rules only apply to drivers who are under employment. The rules do not apply for self employed drivers.
Even this though may not be quite as straight forward as it seems. Some drivers may be classed as self employed for tax purposes yet would be deemed as in employment for the rules if for example all their work is for the same company, they use a vehicle belonging to that company and are not free to take on work from other companies. If you are an Operator who has drivers who work continuously for you but are self employed then take advice about how, if at all, the Working Time Regulations might come into it.
Brief Summary of the Rules
Maximum Working Week : 48 hours on average over a 17 week period. Although an average is taken over a 17 week period, total working time in any single week may not be more than 60 hours.
Agreement to Extend : with agreement from an employee, the point of reference over which the average is worked out can be extended to 6 months. This means in practice that an employee might work longer than 48 hours a week for a period of time followed by a number of weeks where he works less than 48 hours providing it is all averaged out to no more than 48 hours maximum over the whole six month period.
Breaks : if an employee works between 6 and 9 hours he or she is entitled to a break of at least 30 minutes, if working over 9 hours then the break must be at least 45 minutes. Mobile workers must not work more than 6 hours without taking a break.
Duration of Breaks : the minimum breaks may be taken in parts rather than all at once but if taken in parts, each part must be no less than 15 minutes in duration.
Night Work : this is defined as any period including the 4 hours between midnight and 4am for goods vehicles and from 1am to 5 am for passenger vehicles. An employee doing night work must not work more than 10 hours in any 24 hour period.
Holidays : employees are entitled to a minimum of 5.6 weeks of paid holidays per year. The rate of pay is the average they have earned during the previous 12 weeks (this calculation will include not just basic pay but overtime aswell).
Record Keeping : employers must keep detailed records of employee working times and these records must be kept for two years. In the case of dedicated drivers the tachographs should provide an adequate record. For other employees you should use a system of time sheets unless the hours are fixed and regular.
An Article Produced in September 2011
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