I have just enrolled on TruckNet specifically because of concerns that drivers are expressing within our company about the WTD. Having read some of the comments it appears that there is quite a bit of confusion about the impending legislation, which I would like to try to clarify.
The WTD as it applies to mobile workers will be known as the Road Transport Directive (RTD), and it contains different rules to that of the WTD, so anybody reading the WTD will read incorrect information.
The government currently has a consultation paper on the DTI website, www.dft.gov.uk/stellent/groups/dft_frei … 024812.pdf called 'Implementing the working time directive for mobile workers, and it contains full details of the RTD. There are 33 pages in all, and explanation is given on how the government proposes to implement the legislation. As a consultation paper there are specific questions that it asks of anyone in the industry, and there is a response form already written for anyone who chooses to comment. This is really important - THE CONSULTATION PERIOD CLOSES ON FRIDAY 23rd JANUARY 2004 - so if anybody wants to add their views there isn’t much time left.
Within the consultation document there is information on what the government may allow as derogations, and the response form asks for comments on how these should be applied. There is a real possibility of the people that will be most affected by the legislation, lorry drivers, to have some positive input, so I’d advise not wasting any time.
Just in case anybody doesn’t have time to read the consultation document, here’s a brief guide of the main provisions that are likely to become Law in March 2005 - we won’t know the final details until March 2004.
Working week limit will be 48-hours, calculated over a four-month (17 week period). The government have asked if the industry would prefer the reference period to be extended to 26-weeks, which should allow a greater degree of flexibility. Up to 60-hours may be worked in a single week, provided that the average 48-hours is not exceeded throughout the reference period.
There are entitlements for breaks and ‘periods of availability’ that may not be included in the 48-hours. This may provide some flexibility for drivers to actually work, and be paid, more than 48-hours.
THERE WILL BE NO OPT-OUT for mobile workers.
Night workers will be restricted to 10-hours working time in any 24-hour period. The hours that a worker will be deemed to become a night worker have yet to be set, probably 00:00 to 04:00-hours, but will apply to mobile workers if theye encroach any part of the period. this is different to the WTD. The government is asking the industry if the night worker restriction should be extended to 12-hours.
The self-employed will not be subject to the RTD until March 2009.
The requirements for the RTD are additional to EU Drivers Hours Regulations.
I have printed off the DTI consultation document and provided a response on behalf of my company. I have also attended a meeting at the British Precast Concrete Federation to assist compiling a response on behalf of that sector of the haulage industry, in conjunction with the Quarry Products Association.
I believe that this legislation is an invasion of human rights and is discriminatory toward lorry drivers because they will be the only sector of British industry that will not be able to opt-out. I also believe it to be wasteful and to create unnecessary administration to create another piece of legislation which overrides that already in place and will continue to be in place - the EU Driver’s Hours Regulations.
Everybody would love to be able to work no more than 48-hours, but if there is something that requires that little bit extra money, everybody should have the opportunity to work more hours to earn it - without the EU telling them that they can’t. 