Working time and drivers hours regulation

The Working Time Regulations give statutory rights and obligations relating to work and rest for employees, but not mobile workers. Mobile workers rights to work and rest are explained below. Working time is defined as when a worker is working at his employer’s disposal and carrying out his activity or duties.

Below is a summary of the main requirements of the regulations:

A limit on average weekly working time to 48 hours over 4 months (employees can opt out)
A limit on night workers’ average normal daily working to 8 hours in any 24 hours
A requirement of a health assessment for night workers
A minimum daily and weekly rest period of 11 consecutive hours in 24 hours
Rest breaks at work after six hours
Four weeks paid annual leave

Members can download more detailed guidance from the link below:
Working time fact sheet (non-mobile workers)

Mobile workers and drivers' hours rules

Any worker whose job responsibilities includes driving or any Member who employs staff to drive should review this fact sheet. For example:

Employees driving under the domestic drivers’ hours rules
Employees driving under the EU drivers’ hours rules

Whilst the majority of the legislation is only applicable for vehicles over 3.5 tonnes, it may still be appropriate to review the rules for staff who drive vans and cars as well. Some organisations observe the spirit of the drivers’ hours rules for all vehicles as best practice, which Members may wish to consider. For more information review our driving at work guide available from the quick links section on the right.

Members whose staff deliver/collect vehicles, take vehicles to annual test or move vehicles between branches with no carriage of passengers or goods are exempt from the EU drivers' hours rules. For full details of the exemption please review the fact sheet available below.

Employers have a duty to ensure that employees are aware of their responsibilities with regards to the Regulations and would be expected to organise training courses for them.

For full detail on the EU and UK drivers' hours rules including who has to observe which rules, click the link below: Working time fact sheet (mobile workers)

Guidance on relaxation of drivers’ hours

There are certain circumstances where operators can relax compliance with the drivers' hours rules on a temporary basis or when the emergence exemption can be utilised. Practical examples, could be extreme weather conditions or foot and mouth disease.

The guidance which is published by the Department for Transport and VOSA also covers the notification procedures for operators when the rules are to be relaxed for longer periods. The guidance can be accessed from the link below:
Emergency exemption & temporary relaxation of drivers’ hours and working time rules