WTD & Driver Hours - Help Needed

ASK THE EXPERTS SAFETY, LAW AND WORKING TIME DIRECTIVE FORUM (INTE
1

Firstly apologies if the content of my first post has already been discussed on the forum. I did check but could’nt find anything.

I have started as as self emplyed driver for a removals company and am looking for some clarification on the drivers hours / working time regulations and how they relate to me.

Much of the work is fairly local so the actual driving time spent behind the wheel can be as little as 1 — 2 hours a day with the rest of the day spent engaged in other work (loading & unloading).

I have a good knowledge of driving time regulations but where I fall flat is how they interact with the working time directive.

The vehicles used are all over 3.5 tonnes and although non of the work is European my understanding is that I fall under the EU Tacho rules rather than the GB Rules which are for vehicles under 3.5 tonnes.

Queries are as follows:

  • Can anyone explain what the total maximum allowable daily duty period is including both the driving and the other work? When driving it’s either 9 or 10 hours however if much of my day is engaged on other work (loading / unloading etc) is it different?

  • Is my weekly limit for work still set to the 56 hours — 1 week / 90hrs — 2 weeks it would be for driving? If not any ideas what it might be?

  • Do the same daily and weekly rest period lengths apply?

  • Under the Working Time Regulations am I tied into an average working week of 48 hours under the working time rules with no option for an opt out? I see that if I fall under the GB driver rules this does not apply? I’ve also read somewhere that these rules don’t apply if I’m self employed which I am — is this correct?

Any light shed on my situation or a point in the direction of someone who might know / be able to offer me advice would be greatly appreciated.

Many thanks
Ian

2

. :smiley: :smiley: :smiley: Welcome farthings :smiley: :smiley: :smiley: .
Firstly - the RT(WTD)R is not checked upon by any authority unless a very serious incident occurs

farthings:
Is my weekly limit for work still set to the 56 hours — 1 week / 90hrs — 2 weeks it would be for driving?

correct - that is soley for the actual driving time.

farthings:
I have a good knowledge of driving time regulations but where I fall flat is how they interact with the working time directive.

Breaks count for BOTH but the rules on the tacho regs take preference

Can anyone explain what the total maximum allowable daily duty period is including both the driving and the other work? When driving it’s either 9 or 10 hours however if much of my day is engaged on other work (loading / unloading etc) is it different?

SIMPLE DRIVER REGS
[MORE HERE]](Advice please on Drivers hours - #4 by coffeeholic - SAFETY, LAW AND WORKING TIME DIRECTIVE FORUM (INTE - Trucknet UK)

hope that all helps

3

farthings:
Firstly apologies if the content of my first post has already been discussed on the forum. I did check but could’nt find anything.

I have started as as self emplyed driver for a removals company and am looking for some clarification on the drivers hours / working time regulations and how they relate to me.

Much of the work is fairly local so the actual driving time spent behind the wheel can be as little as 1 — 2 hours a day with the rest of the day spent engaged in other work (loading & unloading).

I have a good knowledge of driving time regulations but where I fall flat is how they interact with the working time directive.

The vehicles used are all over 3.5 tonnes and although non of the work is European my understanding is that I fall under the EU Tacho rules rather than the GB Rules which are for vehicles under 3.5 tonnes.

Correct

farthings:
Queries are as follows:

  • Can anyone explain what the total maximum allowable daily duty period is including both the driving and the other work? When driving it’s either 9 or 10 hours however if much of my day is engaged on other work (loading / unloading etc) is it different?

You require 11 hours rest in the 24 hour period which commences when you start work after a rest period. That leaves a duty time of 13 hours. Three times between weekly rest periods you can reduce that rest down to a minimum of 9 hours, leaving 15 hours duty time. That is always the same whether you do no driving or 10 hours driving

farthings:

  • Is my weekly limit for work still set to the 56 hours — 1 week / 90hrs — 2 weeks it would be for driving? If not any ideas what it might be?

No, those are driving limits not duty limits. Under the EU tacho rules there isn’t really a maximum weekly or fortnightly duty limit, as long as you comply with the daily and weekly rest requirements you can squeeze as much duty time as you like. There is a weekly limit of 60 hours for the WTD with an average of 48 over the reference period but that is only work and driving. It doesn’t include POA or break, which is still duty time.

farthings:

  • Do the same daily and weekly rest period lengths apply?

Yes

farthings:

  • Under the Working Time Regulations am I tied into an average working week of 48 hours under the working time rules with no option for an opt out? I see that if I fall under the GB driver rules this does not apply? I’ve also read somewhere that these rules don’t apply if I’m self employed which I am — is this correct?

The WTD will apply, there is no opt out of the 60 hour maximum or 48 hour average. You are not self employed by the definition applied for the WTD, one of the requirements is to have your own O Licence. You can be self employed as far as HMR&C are concerned but not for the WTD. You are in the same situation as self employed agency drivers who are also not eligible for the opt out of the WTD.

4

Many thanks for the swift and informative replies - much appreciated.

Kind regards
Ian

5

Key considerations are that:

  • a self-employed driver must have an operator’s licence;
  • the amount of control that the driver has over their work is a key point, as is their reliance on profits to provide them with an income;
  • if the worker is restricted (either implicitly or explicitly) from working for another client/customer, then they would be covered by all the requirements of the Regulations;
  • in addition, most agency workers would not count as a self-employed driver because they are normally paid at a fixed rate. Once they accept a job, an agency worker is not free to organise their working activities.