New road transport working time regulations

THE Road Transport (Working Time) Regulations 2005 comes into force this month, implementing the EU Road Transport (Working Time) Directive 2002/15/EC. The Regulations apply to mobile workers working in vehicles covered by the Community Drivers’ Hours regulations (3820/85/EC). These are typically goods vehicles over 3.5tonnes, coaches and some bus services. Self employed drivers are exempt until 2009. RMT has submitted responses to the Department of Transport at each stage of the consultation process. The main provisions of the regulations are: G An average 48 hour week (excluding breaks and periods of availability) over a 17 week reference period. There is no individual or collective opt-out from the 48 hour average. The reference period can be extended to up to 26 weeks by collective agreement. G A maximum 60 hours work in any single week (excluding breaks and periods of availability) provided the average 48 hour week is not exceeded in each reference period. For the purposes of the Regulations the working week starts and finishes at 00.00 on Monday morning. G A limit of 10 hours (excluding breaks and periods of availability) in any 24 hour period if working at night, but this can be extended by collective agreement. The definition of night time is a period between 00.00 and 04.00 for drivers and crew of goods vehicles and 01.00 and 05.00 for drivers and crew of passenger vehicles. G Typically a period of availability is time where a worker is not required to remain at their workstation, but must be available to answer calls to start work or resume driving on request. The period and its foreseeable duration should be known in advance by the worker either before departure or just before the start of the period in question. G Minimum daily and hourly rest provisions are generally applied to drivers by Community Drivers’ Hours Regulations. There are additional break requirements under the new Road Transport Regulations where driving is combined with other work. Break requirements under the EU Drivers’ hours rules take precedent when driving G Employers must inform mobile workers of their rights under the regulations and the details of any collective agreement. The employer must retain working time records for two years. Employees must declare in writing any work they have undertaken for another employer. G Mobile workers who work fewer than 11 days within the scope of Community Drivers’ Hours Regulations in a reference period that is shorter than 26 weeks; or who work fewer than 16 days within the scope of the Community Drivers’ Hours Rules in a reference period which is 26 weeks or longer will not be covered by the new Regulations. G Statutory annual leave/sick pay cannot be used to reduce the average working week. However additional leave over and above the four week entitlement can be used to bring down average working time. G The Vehicle and Operator Services Agency will enforce the regulations. G The government will review the operation of the regulations within a year of implementation and the TUC has endorsed a proposal to conduct a trade union review after 35 weeks. G RMT will monitor how the new regulations are implemented and will play a full part in the TUC review. The union will be publishing a short booklet on the new regulations soon. RMT news – Essential reading for today ’s transport worker MEMBERS FREEPHONE HELPLINE Open six days a week 8am until 6pm 0800 376 3706 e-mail: info@rmt.org.uk Legal helpline: 0800 587 7516 Seven days a week 6 New road transport working time regulations introduced