I can’t find any requirement to work within the WTD for mobile road transport workers all week just because you work in-scope of the EU regulations for a part of the week.
The relevant WTD documents for mobile workers are:
Guidance on the Road Transport (Working Time) Regulations 2005 (article 1.1):
1.2 Who is affected?
Mobile workers are covered by the Regulations if they are involved in operations subject to the European drivers’ hours rules or in some cases the AETR. Generally, drivers, vehicle crew and travelling staff of goods vehicles where the maximum permissible weight exceeds 3.5 tonnes or passenger vehicles suitable for carrying more than 9 people including the driver.
Guidance on the Road Transport (Working Time) Regulations 2005 (article 1.2):
The Regulations do not apply to:
- mobile workers who are not participating in road transport activities covered by the European drivers’ hours rules or in some cases the AETR (e.g. employed taxi drivers, certain van drivers, chauffeurs);
- any drivers, crew, travelling staff who do not come within the definition of “mobile worker” in the Regulations (e.g. a teacher who drives a PSV on a school trip, that is subject to the European drivers’ hours rules);
- passengers (e.g. construction workers being ferried to a building site would be passengers rather than travelling staff);
- any worker who only occasionally does work which is within the scope of European drivers’ hours rules (see Section 1.3); and
- self-employed drivers who come within the definition of “self-employed driver” in the Regulations (see Section 1.4).
The Road Transport (Working Time) Regulations 2005 (article 2) and DIRECTIVE 2002/15/EC article (article 3):
“working time” means the time from the beginning to the end of
work during which the mobile worker is at his workstation, at
the disposal of his employer and exercising his functions or
activities, being
(a) time devoted to all road transport activities, including, in
particular -
(i) driving;
(ii) loading and unloading;
(iii) assisting passengers boarding and disembarking from
the vehicle;
(iv) cleaning and technical maintenance;
(v) all other work intended to ensure the safety of the
vehicle, its cargo and passengers or to fulfil the legal or
regulatory obligations directly linked to the specific
transport operation under way, including monitoring of
loading and unloading and dealing with administrative
formalities with police, customs, immigration officers and
others; or
(b) time during which the mobile worker cannot dispose freely
of his time and is required to be at his workstation, ready to take
up normal work, with certain tasks associated with being on
duty, in particular during periods awaiting loading or unloading
where their foreseeable duration is not known in advance, that is
to say either before departure or just before the actual start of
the period in question, or under collective agreements or
workforce agreements
Guidance on the Road Transport (Working Time) Regulations 2005 (article 6.5):
6.5 What records need to be kept?
The Regulations do not specify which records should be kept - so it will be up to the employer to decide which system is most appropriate.
However, the records will need to show:
- That weekly working time and night work limits are being complied with. It is for you to determine what records need to be kept for this purpose. You may be able to use existing records maintained for other purposes, such as pay or tachograph sheets or you may need to make new arrangements.
Henrys cat, you say you’re self employed, if you’re a self employed agency driver then the driving job will count for the WTD, however if you have an operating license then you may be exempt from the WTD until March 2009, see article 1.4 of the DFT guidance notes (third link).
As far as I can see, if the other work you do is exempt from either the WTD for mobile workers or the Drivers regulations then only records for the HGV driving job need to be kept for the WTD.
You should still fill in any charts for other work days if you come in-scope of the EU regulations during the week.
- I could not quite work that one out before but it is clear to me now 