E.Mail: wtdinfo@busking.co.uk
February 2009
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.
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:
New Working
Time Regulations for
Version 1.0 March 2005
Full information is
available at: