I was running a Driver CPC course last weekend on the drivers’ hours and working time rules when one of the drivers questioned the working time rules, and it made me think – just how many other drivers out there think the same as he did?
Before I explain the situation, I want to make one thing clear. Everyone refers to these rules as “the Working Time Directive”, but that is not strictly correct. The ordinary Working Time Regulations apply to all workers and are there to protect them – and most workers can choose to opt out of the 48 hour average. Professional drivers are different: you follow the road transport working time rules (properly the Road Transport (Working Time) Regulations 2005), and you cannot opt out. So when drivers talk about “the Working Time Directive”, what they actually mean is these road transport rules.
Back To The Story
He was a self-employed driver, under the impression that the working time rules did not apply to him. He would have been right before May 2012, when the rules were extended to the self-employed in Great Britain. Since then every self-employed driver has had to comply in exactly the same way as an employed driver.
On top of that, many self-employed drivers do all of their paperwork at the weekend, which interrupts their weekly rest. Paperwork is one of the most common things owner-drivers get caught out by during what should be a rest period.
The Working Time Rules, Explained
So now that we have established you must comply, here they are.
How many hours can you work in one week? No more than 60 hours in any fixed week.
What is the maximum weekly average? You can use a 17 week or a 26 week reference period to work out your average. Whichever you choose, you must stick to it for at least that period, and you must average no more than 48 hours a week.
What are the break rules? This is where it gets confusing for most drivers, because you are applying two different laws to your day and either one can trigger a break first.
Under the 6 hour rule you cannot work more than 6 accumulative hours without a break. (See my post on the 6 hour rule.) A break must be at least 15 minutes to count. If you work between 6 and 9 hours you must take at least 30 minutes of break before you pass 6 hours of work. If you work beyond 9 hours you must take a further 15 minutes, taken any time once your duty has begun but no later than 9 hours in.
Remember that your required 45 minute break under the drivers’ hours rules can also satisfy the working time rules, as long as it is taken at the right time. There are worked examples on the working time rules page which should help explain this.
This does take some time to get your head around, so please feel free to call me on 0191 491 5032 or drop me an email and I will get back to you as quickly as I can.