EU CHANGES RULES ON DRIVERS’ HOURS AND DIGITAL TACHOGRAPHS

RMTnews :: february 2006 :: www.rmt.org.uk 4 Open six days a week Mon to Fri - 8am until 6pm, Sat - 9.30am to 4pm e-mail: info@rmt.org.uk Legal helpline: 0800 587 7516 Seven days a week Members Helpline Freephone 0800 376 3706 T he Road Transport (Working Time) Regulations were introduced in April 2005. RMT members who work under the scope of the EU Drivers’ Hours Rules are covered by the Regulations. As a result of trade union concerns, particularly in relation to the definition and operation of Periods of Availability, the Secretary of State for Transport Alistair Darling made a commitment to review the Regulations between 12-18 months after their implementation. As the regulations have now been in force for nine months, the TUC is conducting its own internal review. The TUC is seeking reports on the impact, both negative and positive, that the regulations have had on RMT members. Therefore, the union is asking for reports on how the 2005 Regulations have affected members in the road transport and bus sectors who work under their provisions. The information which RMT provides to the TUC will then be brought together with the experiences of other affiliates and presented as collective evidence to the Department of Transport review. The TUC has asked that the union provides it with information by next month. Therefore, all reports should be returned to the National Policy Department at Unity House by February 23 2006. F rom May 2006 all new vehicles which operate under EU Regulation 3821/85, which controls the fitting of tachographs and recording equipment, must be fitted with a digital tachograph. As a result, the number of checks carried out will increase from 2008 to at least two per cent of days worked and 2010 to at least 3 per cent of days worked. Also, from January 2008, inspectors will be able examine tachograph records for the 28 days before the day of the inspection. Changes to EU drivers’ hours rules (EU Regulation 3820/85) are expected to come into force in April 2007. Drivers who currently work under EU rules have to take 11 hours rest in each 24 hour period. However, it is possible for this to be reduced to nine consecutive hours three times a week or a 12 hour rest taken in two or three periods the last of which must be a minimum of eight hours. The changes mean that where the rest period is taken in two periods, the first must be for at least an uninterrupted three hours and the second an uninterrupted period of at least nine hours. Whilst this represents an advance of one hour on the current eight hour minimum when the rest period is split, the European Transport Workers Federation has raised concerns that the time will not be compensated in future. RMT will ensure that where reduced rest is taken members will continue to have their time compensated. Also under the changes a 45 hour rest period must be taken every two weeks. Under existing EU rules a driver has to take a break of at least 45 minutes after 4.5 hours of continuous or cumulative driving. These breaks can be broken down into two or three periods of at least 15 minutes during or immediately after the driving period. The changes will mean that in the future a 45 minute break can be broken down into one break of 15 minutes followed by a further break of at least 30 minutes. Current regulations are ambiguously worded which has led to some drivers in the EU being made to drive for up to 74 hours per week. The new agreement sets a maximum driving time across the EU of 56 hours a week. RMT assistant general secretary Mick Cash pointed out that RMT will continue to collectively negotiate for terms and conditions better than the incoming rules, which represent the bare legal requirements TUC REVIEWS WORKING TIME REGS EU CHANGES RULES ON DRIVERS’ HOURS AND DIGITAL TACHOGRAPHS