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Recently RMT produced a simple pamphlet outlining new Road Transport (Working Time) Regulations which were implemented into UK law on April 4 2005. This is available from RMT head office. Both the regulations and guidance are also available on the RMT website in the Research and Policy – Employment Law section at www.rmt.org.uk The government plans to review the operation of the new regulations next April. Therefore, the TUC has agreed to conduct a study of the regulations starting in January 2006 in order to feed into the government review. RMT will be carefully monitoring how the new Regulations are implemented, particularly in relation to Periods of Availability (PoA), and will play a full part in the TUC review. The definition of what should constitute a Period of Availability is the area which caused the most confusion and argument between trade unions and the Department of Transport during the course of the consultation period. The TUC argued for the new regulations to be introduced without PoAs being included and that if the government did chose to include them many of the definitions set out in the draft guidance needed to be substantially re-written. RMT also argued strongly that the definition of PoAs as set out in the government consultation documents and draft guidance ‘gold-plate’ the definitions set out in the original EC Directive. We were concerned that unnecessary disputes could occur over what should or should not constitute a PoA leading to poor industrial relations and the potential undermining of existing collective agreements. Regrettably, the Department for Transport has not agreed to RMT representations and requests. For RMT to monitor effectively how PoAs are being implemented in practice, the union needs information from members who work in the bus and road transport sectors and who are affected by the Regulations. WHAT ARE THE REGULATIONS FOR AND WHO IS AFFECTED? The regulations implement EC Directive 2002/15/EC establishes minimum requirements for drivers, crew and other travelling staff working in vehicles subject to European Drivers’ Hours Rules 3820/85/EEC or in some cases the AETR. Typically, the European Drivers’ Hours Rules affect all staff who work on vehicles fitted with a tachograph i.e. goods vehicles over 3.5 tonnes, coaches and bus services where the route exceeds 50km. The regulations do not apply to occasional drivers or to stage- carriage bus drivers. These workers are covered, where appropriate, either by the European Drivers’ Hours Rules, the Domestic Drivers Hours Rules and the Working Time Regulations 1998 (as amended). The existing rights, under the Working Time Regulations, to a minimum four weeks paid annual leave and health checks for night workers continue to apply to mobile workers who will work under the provisions of the new Road Transport (Working Time) Regulations. Self employed drivers are exempted until 2009. However, most agency and own account drivers will be covered by the new regulations. If you have information about how these regulations are being implemented in the workplace please do let your union know, via your branch secretary or by writing to head office. WORKING TIME FOR ROAD TRANSPORT WORKERS If you work in the bus and road transport sectors and are covered by new Road Transport (Working Time) Regulations the union needs your help to monitor how the rules are being implemented in practice RMTnews :: december 2005 14