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15 March 2005 - New Regulations on Working
Time for HGV PSV Drivers and Crew
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In a bid to attract new recruits to the transport industry, new
regulations on the Road Transport (Working Time) Directive (2002/15/EC) will
mean EU working time will cover the UK. The Directive will come into
force on 4 April 2005.
The main new regulations will be as follows:
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Weekly working time is limited to an average of 48 hours
(normally calculated over a 4-month reference period).
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A maximum of 60 hours’ work can be performed in a single week,
so long as the average 48-hour limit is maintained.
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Night workers are restricted to 10 hours’ working time in any
24-hour period.
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There are new requirements relating to breaks that workers must
be allowed.
However, Self-employed drivers will not be covered by the new
regulations until March 2009, whilst occasional workers within the road
transport industry will be subject to the Working Time Regulations 1998, as
amended and will not be subject to the new Directive.
There will be derogations available under the new Directive,
which will allow either a collective or workforce agreement between the employer
and employees, at company level as follows:
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The 4-month reference period for calculating the average 48-hour
week can be extended to 6 months.
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The 10-hour limit (over a 24-hour period) for night workers can
be exceeded, although the 60-hour weekly limit will still apply, and drivers
will still have to respect the EU drivers' hours rules.
"Night time" definition is the period between Midnight and
4.00am for goods vehicle drivers and crew, with drivers and crew of passenger
vehicles being between the hours of 1.00am and 5.00am.
The Vehicle and Operator Services Agency (VOSA) will
proportionately enforce the new regulations, with the aim of educating employers
and workers.
Upon the introduction of the new regulations in Northern
Ireland, The Driver and Vehicle Testing Agency (DVTA) will be the enforcers.
The Transport Minister commented:
"These Regulations should deliver safety benefits for drivers
and other road users, improve drivers' working conditions and help make the road
transport sector more attractive as a career choice. We have worked closely with
industry and unions to ensure that the new arrangements are practical, clear and
equitable. We intend to review the new rules in the light of operational
experience to make sure that this remains the case."
The Department for Transport have a guidance on the new
Directive, which can be accessed by clicking the following:
Working time directive for the road transport sector
The Road Transport (Working Time) Regulations 2005
Article by Alexandra Johnston
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