I have been offered a job as a hgv/lgv driving instructor.
The problem is that I have to take the job on a self employed basis, although I would only be working for the one company. Why he does not want to take me on on a regular PAYE basis I don’t know.
The company owns 2 trucks and I would be expected to use both trucks in turn at some stage. Most of the time I would be in the passenger seat as I would be instructing, but from time to time I would be expected to drive the truck on a demonstration or returning from a test.
Questions I need answering before I take on this position are:-
If I am not a PAYE employee with the company, does this make me a sub-contractor?
If I am a sub-contractor, would I be covered by the company owners insurance policy to drive the companies vehicles?
If I am a sub-contractor, would I need to take out my own insurance policy seperately to drive or instruct in the company vehicles?
If I am a sub-contractor, would I also need to take out a policy for public liability?
Probably because he is not sure that he can offer you a full weeks work every week and is therefore looking to pay you on an ‘as and when’ basis. IR35 is the document to refer to when deciding whether you are Employed/Self-employed.
For motor insurance, Yes, almost certainly. Insurance for HGV’s for driving instruction is only a few hundred quid a year. Probably less than the average car.
No, but you might consider taking out your own Public Liability Insurance and Public Indeminty Insurance. Both of which come automatically with membership of the Driving Instructor’s Association.
Already answered.
It appears, No. Vehicles used for driving instruction with a view to obtaining a driving licence are exempt. But, I would suggest, someone, having previously passed a test, and seeking ‘refresher’ or ‘updating’ is not.
A new set of working time regulations will come into force on 4 April 2005. The Regulations are
called the Road Transport (Working Time) Regulations and they will affect mobile workers (mainly
drivers, crew and other travelling staff) who are travelling in vehicles subject to the Community
Drivers’ Hours regulation (3820/85/EEC)
And as the vehicle is exempt from 3820/85 (unless #5 applies), it appears not.
jammymutt:
I know none of tjhwe answers but i would like to know what the community drivers hours regulations are?.
That would be the European Community drivers hours regulations Jammymutt. Those are the ones we all try and stay on the right side of all the time at the moment.