Road Transport Working Time Regulations

We have had an increasing number of support line calls asking mhl for clarification on what constitutes
‘Working Time’ under the Road Transport (Working Time) Regulations 2005. This limits working time for drivers and crews of LGVs & PSVs in the road transport sector within Great Britain. Please note that the Vehicle and Operator Services Agency (VOSA) enforce the regulations, primarily in response to complaints they receive.

Working time constitutes all time on road transport activities, from the beginning of work, during which the worker is at the workstation (typically this means the driver's cab), at the disposal of the employer and exercising his functions or activities on behalf of the employer.

This includes driving, loading/unloading, training, assisting passengers, cleaning and maintenance, work intended to ensure safety of vehicle and its cargo and passengers, administrative formalities or work linked to legal or regulatory obligations directly linked to the specific transport operations under
way.

Time during which the mobile worker cannot freely dispose of his/her time and is required to be at the workstation, ready to take up normal work, with certain tasks associated with being on duty - i.e. waiting periods where the foreseeable duration isn't known in advance by the mobile worker, either before departure or just before the start of the waiting period in question.

In the eyes of Government and in particular VOSA what is not classed as working time:

- Routine travel between home and the normal place of work.
- Rest and breaks when no work is done.
- Periods of Availability (PoA), defined as waiting time whose duration is known about in advance by the
worker.
- For a PoA the worker should not be required to remain at his/her workstation, but must be available to
answer calls to start work or resume driving on request; and the period and the foreseeable duration should be known in advance, by the worker, either before departure or just before the start of the period in question. PoAs should still count as paid time.
- Evening study classes or day-release study courses.
- Voluntary work or time spent as a Retained Fire Fighter, a Special Constable, or member of the Reserve
Forces.

Limit Details

Maximum 48 hour working week, calculated on average over a reference period of 17 weeks (which can be
extended to 26 weeks by collective agreement).

Absolute limit of 60 hours working in any week. Coach drivers on an international (non-regular) unscheduled journey can work longer than 60 hours in a week, but the average 48 hour working week, along with the daily and weekly rest requirements under the EU drivers' hours rules, still applies.

The working week commences at 00.00 on Monday morning.

There is no opt out from the 48 or 60 hour limits.

Maximum 10 hours night work in any 24 hour period (this can be extended by collective agreement).

Night time is defined as a period between 00.00-04.00 for drivers and crew of HGVs and 01.00-05.00 for
drivers and crew of PSVs.

If a worker does any work during this period they will be subject to the night work limits. Workers are entitled to free health checks before commencing night work and at regular intervals thereafter (under the Working Time Regulations).

Statutory annual leave entitlement (4 weeks under the Working Time Regulations), sick leave, maternity and paternity leave cannot be used to bring down the average weekly working time.

When calculating totals, employers must count each day as 8 hours and each week as 48 hours.

It is extremely important that the drivers use the 'mode switch' on their tachographs (analogue or digital) to indicate the activity taking place.

‘Working time’ should be recorded by using the ‘cross hammers’ symbol.
'Periods of Availability' (PoA) should be recorded by using the 'box' symbol.
‘Rest’ should be recorded by using the ‘bed’ symbol