A new set of working time regulations came into force on 4 April 2005 called the Road Transport (Working Time) Regulations.
Unfortunately these are going to involve us all in extra paperwork but this cannot be avoided as
both the Employer and employees share the responsibility for complying with the regulations. Both are potentially liable for prosecution if the rules are systematically broken.
Under the new regulations, working time for all mobile workers must not exceed:
An average 48 hour week (calculated over a 4 month reference period)
60 hours in any single week (provided weekly average of 48 hours is maintained)
10 hours in any 24 hour period, if working at night (the definition of ‘night’ is 00.00-04.00 for LGV, 01.00-05.00 for PSV)
As employers, we need to keep records indicating that weekly working time and night work limits are being complied with, which can be shown to inspectors. As a driver agency, the tachograph records will not be available to us and therefore all our drivers will be asked to keep an accurate record of their working time which they will forward to us at the end of the drive with their expenses. Attached is a form for you to copy and use. We suggest you photocopy the blank form for your regular use.
It is also a requirement under these new regulations that drivers inform us in writing of time worked for another employer during the periods in question. This is to allow us to monitor the average 48 hour limit. Other employers are obliged to provide you with this information.
Default reference periods will begin at 00.00 on the nearest Monday morning on or after 1 April, 1 August and 1 December each year.
The reference periods for 2009 are:
The reference periods for 2009 are:
Drivers are required to comply with these regulations as well as the existing Community Drivers’ Hours regulation. (If you don’t know what this is, please ask).
It is our requirement under these regulations that we must:
Inform drivers (employees) of the requirements under the regulations
Inform drivers (employees) that they must provide (in writing) an account of the time worked for another employer
Keep working time records for 2 years after the period covered
Provide (on request), a record of the working time performed by the employee for a) the employee and (b) the enforcement officer.
Advise the employee of the reference periods to be used to calculate the average 48 hour week.
The purpose of the form is to ensure that you do not exceed an average of 48 hours working time per week over the specified 4 month period and 10 hours in any 24 hour period, if working at night. It is important therefore that time spent as ‘periods of availability’ and ‘breaks’ is not entered as working time as otherwise you may find yourself unable to work towards the end of the period (if you have used up your working time). Your pay will not be based on the working times entered on your sheet. For double drivers, ‘working time’ will be only that time spent behind the wheel of the vehicle. Relief drivers sitting next to the driver while the vehicle is in motion can count this time as a break or a PoA. Sole drivers will need to familiarise themselves with the classifications for working time and periods of availability and we suggest they log on to the website given below. (See pages 9 & 10).
The working week must start and finish at 00.00 on Monday morning. We need to know about all other work you do for other employers in the same 4 month reference period starting from the date you commence work with us.
When filling out the form please enter the exact start and finish working times, eg:
07 08 09 10 11 12 13 14 15
0815 --------------1015 1205-------1330
Breaks and PoAs do not need to be entered, but please put in your name, date and signature.
The driver may depart from these rules to the extent necessary to ensure the safety of persons, the vehicle or of its load. This provision only applies in cases where it unexpectedly becomes impossible to comply with these regulations. The driver should record all the reasons for doing so.
The driver has a responsibility for complying with the regulations. If the driver knowingly breaks the rules (eg neglects to inform his employer about other work, or knowingly makes a false record), then he may be liable for prosecution.
Full details of the new regulations are available in a leaflet entitled:
Time Regulations for
Version 1.0 March 2005
Full information is available at: