Working Time Directive Could Affect Fitters

When the Road Transport (Working Time) Regulations come into effect on 23 March 2005 they are likely to affect tyre fitters, the NTDA has reported. From the start, workers covered by the regulations will be limited to working an average 48-hour week that will be calculated over a 17-week period. While it will be possible to extend this period to 26 weeks by using a collective or workforce agreement, the maximum working time allowed in any single week will be 60 hours. The worker cannot ‘opt-out’ of either the maximum average working week or single week maximum hours.

The Regulations will apply to those persons who are mobile workers currently covered by the EU drivers’ rules i.e. those persons who work within the transport industry operating either goods vehicles, or passenger vehicles transporting more than eight seated passengers. Self-employed drivers will not be covered by the provisions until 23 March 2009. Mobile workers also need to comply with existing EU drivers’ hours rules in addition to the new regulations.

Working time for these regulations does not include breaks or ‘periods of availability’. ‘Periods of availability’ are periods that the worker is aware of before the start of the shift and during which he/she is not driving. For example, where the worker is accompanying a vehicle on a ferry or is waiting for the vehicle to be loaded or unloaded.

The regulations will also place a limit on the working time of persons who carry out mobile work at night. If a mobile worker carries out any work between midnight and 4am for goods vehicles or between 1am and 5am for passenger vehicles, the regulation stipulates that total working time should be limited to 10 hours within a 24-hour period. Again, this provision can be amended by collective or workforce agreement.

Finally, the new regulations will require mobile workers to be given a break after 6 hours working time. A break of 30 minutes should be given for 6-9 hours work and 45 minutes for over 9 hours work. These breaks can be divided up in to periods of not less than 15 minutes duration.