To protect the health and safety of its workers and the wider public, the Road Transport 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, and to ensure that mobile workers comply with the Working Time limits specified below.
Here are the Road Transport Working Time Regulations, but made simple!
A maximum 48-hour average Working Time (not including periods of availability) over each reference period.
A maximum weekly limit of 60 hours Working Time (not including periods of availability).
Employment businesses: 30 minutes after 6 hours Working Time and 45 minutes for over 9 hours Working Time must be taken (Community Drivers' Hours regulation 3820/85/EEC or in some cases the AETR rules still apply).
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 or Employment businesses for the purposes of calculating average Working Time.
Days not worked due to sickness or statutory holiday will count as a nominal 8 hours working time. If you are on holiday for a week, this will count as a nominal 48 hours working time. (We know 5 X 8 = 40, not 48, but we don't draft 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.
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