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Road Transport working Time directive.

What obligations do employers and self-employed drivers have?

 

Employer Obligations Action to be taken
You must know which of
your staff members are
subject to the directive.
Make a list of all your mobile workers who are subject
to the directive. Generally, this list will include
drivers, crew and other travelling staff driving or
travelling in vehicles fitted with tachographs.
You must make sure your
mobile workers are well
informed about the
directive.
Formally advise each mobile worker of the key
provisions of the directive and any collective
agreements that apply to the worker (if relevant).

 

You could also keep your staff informed by putting the
information in your company handbook.
Employees are required to declare that they have read and
understood this information. New employees need to be notified
of the key provisions of the directive also.
You must comply with the
rules that apply to night
work and reference
periods. (There is a section
further down in this leaflet
which explains reference
periods).
• Decide if the night working limit needs to be
extended.
• Decide on the reference period for calculating the
average weekly working time.
• Put in place agreements with mobile workers
concerning night working limits and reference
periods.
• Formally advise mobile workers of the terms of the
agreements.
You must keep good
records and be able to
respond to employees’
queries.
Keep a record of hours worked by a mobile worker – or
any other information relating to the mobile worker’s
hours so that you can give them accurate information
if they ask for it.
You must hold on to
records for future
reference.
Keep working time records for at least two years after
the end of the period they cover. Remember, this
could mean that some records might be older than
two years because of the beginning and ending of
reference periods.
You must be able to show
your records to an
enforcement officer at any
time.
Working time records must be produced to an
enforcement officer for each mobile worker upon
demand. (Remember the two- year rule).
Self-employed obligations Actions to be taken
You must keep records.
Set up a simple system for recording your working
time. include all work done for yourself as well as for
any employer.
This could be a combination of tachograph records
and work-sheets.
You must comply with the
rules about working time
limits
• Make sure that you do not work more than
48 hours a week on average or more than 60 hours
in a single week.
• Make sure you obey the rules about daily and
weekly rest periods and breaks.
• Make sure you obey the night time rules.
• Keep track of your hours worked and reschedule
the work if necessary to make sure working time
limits are not broken.
• Keep good records of your working time to show
that you are compliant with the directive.
You must hold on to your
records for future reference.
Keep working time records for at least two years
after the end of the period they cover. Remember
this could mean that some records might be older
than two years because of the beginning and ending
of reference periods.
You must be able to show
your records to an
enforcement officer
at any time.
Working time records must be produced to an
enforcement officer upon demand. (Remember
the two-year rule).