Maigret:
Just trying to pick the bones from this excellent debate.If a driver works in scope of 561 and therefore the RTWTR in a day but that day includes driving a van( nominally OOS) but counting as Other Work for that EC day - what is the WTD status of the van driving? As I see it, it must all be under the RTWTR as that day was in scope of 561 even if part of the day was in an OOS vehicle. Is that correct.
I agree, the van driving would count towards the working time for the RT(WT)R 2005
Maigret:
If the whole of the next day, following a regular daily rest period, is in the van, then that whole day is OOS of 561 but is domestically regulated. Is that day then outside out the RTWTR even though it’s for the same employer and in the same fixed week?
A bit more of a grey area but I would say that as the worker is employed to be a part of the travelling team that falls in-scope of the RT(WT)R the van driving would count towards the total working time for the RT(WT)R.
edit: Just to add that my reply is assuming the driver in question is permanently employed by the company he drives for on both of these days.