On the 4th of April 2005, the Working Time (Road Transport) Regulations came into effect to protect the health and safety of workers and the public. It isn't the easiest thing in the world to understand, so we decided to write a quick and easy explanation of the Working Time (Road Transport) regulations.
The Working Time regulations require employers, including employment businesses, to maintain records of the Working Time of mobile workers who are subject to Community Drivers' Hours regulation 3820/85/EEC, or in some cases the AETR hours rules.
They must ensure that mobile workers comply with the Working Time limits briefly outlined below.
A Quick and Easy Explanation of the Working Time (Road Transport) Regulations
A Driver must have a maximum of 48-hour average Working Time (not including periods of availability).
Have a maximum weekly limit of 60 hours Working Time (not including periods of availability).
30 minutes of break after 6 hours Working Time, or 45 minutes for over 9 hours, must be taken.
A maximum of 10 hours night work within each 24-hour period (This can be extended by a collective or workforce agreement).
It is a mobile worker's responsibility to accurately record Working Time while at work and to keep his/her employer informed of any additional work he / she undertakes for other employers. This is important for the purposes of calculating average Working Time.
Days not worked due to sickness or statutory holiday will count as a nominal 8 hours of working time. If you are on holiday for a week, this will count as a nominal 48 hours of working time.
(We know 5 X 8 = 40, not 48, but we don't make the laws!).
Employers must monitor working time and should do what they can to ensure the limits are not breached. Records need to be kept for 2 years. If there is no employer, the Employment business or even the mobile worker concerned must monitor their working time.
Disclaimer This website should be read in conjunction with the relevant legislation and appropriate legal advice.
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