Mobile Worker Declaration
The Road Transport {Working Time} Regulations {RTWT} requires employment businesses to maintain records of the Working Time of the mobile workers who are involved in operations subject to EU drivers’ hours’ rules. An employment business is obliged to ensure that the Working time limits specified below are complied with for temporary workers they engage:
Summary of the RTWT Regulations
In summary the RTWT regulations provide for the following:
Mobile drivers (such as HGY drivers and crew) are subject to a maximum 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. Nighttime is defined as midnight to 4:00am {for goods vehicles and 01:00am and 05:00am (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 17-week calendar reference period. The reference period we will use begins on midnight on the nearest Monday morning 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 17 weeks of these dates. If we decide to operate a 26-week rolling reference period, we will confirm this in writing to you.
Your responsibilities
It is your responsibilities 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 worker, 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 their 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 £5000. (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 considered.
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 us, even though we may exclude time spent on such activities from our calculation of your Working Time.
Declaration
I have accurately detailed all my Working Time during the current reference period and will provide this to Elite prior to commencing work.
I may be engaged in other work in addition to my work for Elite which needs to be included in the calculation of my Working Time under the RTWT Regulations; and I will keep Elite informed in writing of the total Working time undertaken for other employers or employment businesses on a weekly basis.
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