29 March 2005

The Road Transport (Working Time) Regulations 2005, which will come into force on 4 April 2005, will apply to drivers and crews of heavy goods vehicles and public service vehicles in Great Britain.

The new Regulations implement the Road Transport (Working Time) Directive (2002/15/EC). This is one of three sector-specific European Directives, the other two cover seafarers and the aviation sector. The new Regulations implement EU-wide working time arrangements for road transport in the UK.

The Road Transport Directive applies to "mobile workers" participating in road transport activities under the EU drivers' hours rules set out in EU Regulation 3820/85/EC. Drivers and crew of most goods vehicles over 3.5 tonnes, coaches and some (non-local) buses will be affected, although there are exemptions in respect of some vehicles.

Limits on driving time and minimum rest and break times already apply to most drivers under the EU drivers' hours rules. Non-mobile workers and drivers of vehicles participating in road transport activities not covered by the drivers' hours rules, such as van drivers and taxi drivers, are not subject to these regulations, but the general Working Time Regulations 1998.

The main provisions of the new Road Transport (Working Time) Regulations are:

• Weekly working time is limited to an average of 48 hours (normally calculated over a four month reference period)
• A maximum of 60 hours work can be performed in a single week, so long as the average 48 hour limit is maintained
• Night workers are restricted to 10 hours working time in any 24 hour period
• Requirements relating to breaks that workers must be allowed

• Where there is either a collective agreement or a workforce agreement at company level between the employer and employees, companies will be able to use the derogations available under the legislation:
  • the 4 month reference period for calculating the average 48 hour week can be extended to 6 months;
  • the 10 hour limit (over a 24 hour period) for night workers can be exceeded, although the 60 hour weekly limit will still apply, and drivers will still have to respect the EU drivers' hours rules.
• The definition of "night time" is a period between 00.00-04.00 for drivers and crew of goods vehicles and 01.00-05.00 for drivers and crew of passenger vehicles
• Workers who occasionally perform road transport activities will be subject to the Working Time Regulations 1998 (as amended) rather than these new Regulations.
  Self-employed drivers will not be covered by the new Regulations until March 2009.

Similar Regulations implementing the Directive for Northern Ireland will be made shortly.

The new Regulations will be enforced in Great Britain by the Vehicle and Operator Services Agency (VOSA) primarily in response to complaints they receive. VOSA's response will be proportionate, with an onus on educating employers and workers. The Driver and Vehicle Testing Agency (DVTA) will enforce the new regime in Northern Ireland when it is introduced.