Road Transport (Working Time) Regulations 2005

By Altaf Patel

 

The regulations came into force on April 4 2005. They affect mobile workers, e.g. drivers, crew and other staff who are travelling in vehicles.
The new regulations limit working time and the amount of work that can be done at night. They also state how much continuous work can be done by a mobile worker before taking breaks and introduce daily and weekly rest limits for crew and travelling staff.
Working Time Limits
They must not exceed:

  • an average of 48 hours per week in any 17 week reference period;
  • 60 hours in any single week
  • 10 hours in any 24 hour period, if working at night ( this can be extended if there is an agreement in place)

N.B Coach Drivers on an international (non-regular) unscheduled journey can work longer than 60 hours in a week due to European legislation.
Working Time
Working time under the regulations is the “time from the beginning to the end of work during which the mobile worker is at his workstation, at the disposal of his employer and exercising his functions or activities”.
Working time may be job related training associated with normal work (i.e. road transport activities) and training that is part of the company’s operation. For example, driving, loading / unloading, cleaning / maintenance of vehicle.
If a mobile worker works for more than one employer this would count towards the total working time.
Working time does not include shift work, travel to work, lunch breaks, other breaks, evening classes, availability, or day release courses.
Extending the limits by Collective / Workforce Agreements
The average 48 hour week is calculated with reference to a 17 week period. This can be any 17 weeks in a worker’s employment (if the employer gives notice of this) or in any other case the working year starting from the end of July.
The reference period can be extended up to 26 weeks by collective / workforce agreements which require good objective / technical / organisational reasons.  
Night work can also be extended beyond the 10 hour limit for the same reasons, by collective / workforce agreements.
Agreements can also be made by elected representatives of the workforce and may apply to the whole work force or group.
Opting Out
Mobile workers cannot opt-out of the weekly limits (subject to the above extensions) even if they want to work longer.
The Duties of an Employer under these Regulations

  • employers / agencies and employment businesses must inform mobile workers of the limits and details of any agreements in place;
  • employers need to identify the activities which are classed as “working time”;
  • they will need to monitor working time and must ensure that they are not breached;
  • records need to be kept for two years;
  • where there is no employer then an agency, employment business or self employed worker must monitor working time;
  • employment agencies / employment businesses should also keep working time records if the mobile worker is paid by (or via) them;
  • if tachograph records are used, agencies / employment businesses need to obtain a copy before the records are sent to the worker;
  • where there is more than one employer they must ask workers to confirm the working time in writing to calculate the total numbers of hours;
  • employers must provide records on request if required by mobile worker or enforcement officer;
  • they must provide records for inspection;
  • employers must show that they are complying with the regulations.

Penalties

If an employer does not comply with the Regulations, it can lead to the following penalties:

  • Improvement Notices: This would notify employers of any breaches they have made and would require them to change internal procedures in a given timescale;

 

  • Enforcement Notices: This would require the employer to stop an activity which is dangerous and would require the employer to comply with the regulations;
  • Courts: They can also impose fines and or custodial sentences if employers fail to comply with the rules.