ROAD TRANSPORT (WORKING TIME) REGULATIONS
The Road Transport (Working Time) Regulations (RTWT) requires employment businesses to maintain records of the Working Time of mobile workers who are involved in operations subject to EU drivers’ hour’s rules.
An employment business is obliged to ensure that the Working Time limits specified below are complied with for agency workers they engage:
Summary of the RTWT Regulations:
In summary, the RTWT Regulations provide the following:
- Mobile drivers (such as HGV drivers and crew) are subject to a maximum average Working Time of 48 hours per week over a default 17 week reference period; this default reference period may be changed to a rolling reference period and extended to 26 weeks in certain circumstances.
- There is a maximum weekly limit of 60 hours Working Time
- There is a maximum of 10 hours night work within each 24 hour period. Night-time is defined as midnight to 0400 hours (for goods vehicles) and 0100 and 0500 hours (for passenger vehicles). This maximum may be extended in certain circumstances.
- Rest periods – mobile workers MUST take the following breaks: 30 minutes after 6 hours Working Time and 45 minutes for over 9 hours Working Time. It is important to note that EU Drivers Hours breaks, and rest periods still apply.
How we calculate your average Working Time: We will calculate your average Working Time over a 26 week calendar reference period. The reference period we will use begins on midnight on the nearest Monday on or after 1 April, 1 August and 1 December each year and ending at midnight at the beginning of the nearest Monday falling on or after 26 weeks of these dates. Accordingly, the reference periods are as follows: PERIOD 1 = 1ST JANUARY TO 30TH JUNE (26 WEEKS) PERIOD 2 = 1ST JULY TO 31ST DECEMBER (26 WEEKS)
MK Personnel Solutions operates a 26 week rolling reference period.
Your Responsibilities It is your responsibility to inform us of all your Working Time during the reference periods we use and to keep us updated as to any additional Working Time you undertake for other employers or employment businesses for these purposes during an assignment. It is also your responsibility to accurately record your Working Time during an Assignment.
RTWT Regulations have been introduced to protect and safeguard the health and safety of mobile workers, other road users and the public. A mobile worker also has a responsibility for complying with the Regulations. If the mobile worker knowingly breaks the rules (e.g. neglects to inform his employer or employment business about other work, or knowingly makes a false record), then they will be committing a criminal offence and may be subject to a fine on conviction of up to £5,000 (Regulation 18 of the RTWT Regulations).
The RTWT Regulations require that ALL work undertaken for other employers must be considered when we calculate your Working Time during the relevant reference period. Both transport and non-transport work must be taken into account. Accordingly, please provide details of Working Time undertaken for any other employers or employment businesses during the current 26 week reference period. See above dates of the relevant 26 week reference period.
Both transport and non-transport working time must be declared . If you are engaged in charitable or voluntary work, or work for the TA, fire service or police, you must inform as if you were engaged in other work, even though we may exclude time spent on such activities from our calculation of your Working Time.
If a placement involves any of the above terms and conditions, additional paperwork will be provided detailing this specifically and will require your confirmation and declaration at the time of issue.