Hav had a call from someone in the industry who has advised that the 45 hour period is one that no work of any kind can be undertaken.

The company have stated any activity payment is recieved for is deemed to be work and not just driving.

The Working Time Directive applies to Mobile workers. If an Employee drives a vehicle that requires a Tachograph to be fitted (the 7.5t truck does), then the WTD rules apply for the entire week (even if the employee drives for 30 mins say on a Monday and not again for the whole week) This means driving is recorded as Driving Time, any other type of work (regardless of what it is or for who) as Other Work and days off as 'Weekly Rest'. Without reciting the Regulations in full, A Mobile worker must have a Weekly Rest period after a maxiumum of 6 x 24hr periods. This is usually for a duration of 45hrs, but can be reduced to no less than 24hrs once in any 2 week period. The only 'work' that can legally be undertaken during a Weekly Rest requirement is Reserve service in the Armed forces (e.g TA). Hobbies are not considered work so you can do what you like! The Employer is perfectly within their rights I'm afraid to demand an undertaking from their employees that they are not working when they are on their weekly rest period as they are legally required to record their employees' Average Working Time over a rolling period. However, provided the weekly or Rolling average WTD maximums are not exceeded and he/she gets sufficient weekly rest, then your friend could continue every other week to do what they do. Hope this helps. It is ridiculous and very difficult to accurately Police the WTD, but breaches could leave the Employer open to fines and ultimately removal of their 'O' licence, although that would be a rare case indeed.

Thanks for the information it is helpful. My advice before posting was that his activity is a hobby therefore the employer cant instruct him to stop this hobby. However, the problem is that as he gets a payment for his hobby the employer is deeming it to be work, even though on average the monies paid only cover training equipment and travelling and in some case the IR have deemed it to be a hobby not a job or business. Rock and hard place, but i do think the advice i give will be the same and that is to advise the employer that as its a hobby that minimum payment (not a working wage) is given the WTD doesnt apply.

Truck drivers not only have the wtd to satisfy, they have the EU Driving Hours and the Road Transport Directive. So if they work another driving job the hours on that go towards the allowed driving hours on the other job. Not only that, if you look at your car insurance you are only covered to commute to a permanent place of work. According to my broker that means that if you have a second job you will have to take out another policy or modify your original insurance.

Falling asleep while driving 40 tonnes along a road seems more dangerous than killing yourself by electrocution, at least to me it does. Fortunately with the advent of the digital tacho and its relevant smartcard "licence" the drivers can no longer shadow drive for another company....at least not for long.

My understanding is that an employer can not change the terms and conditions of an employment contract, unless the employee fully agrees to it. The drivers need to get legal advice.

Intresting, and relevant.

Regardless of what is or is not in the contract, the Employer MUST record a Mobile Workers' 'other work' to comply with their obligations under the Working Time Directive and the Drivers' Hours rules. If an Employee tells their Employer that for their weekly rest period they sat at home all weekend when they were in fact working, then any subsequent investigation by an Enforcement Agency (VOSA, Police, etc) would look very dimly on an Employer that failed to get an answer to the question. The Employer is perfectly within their rights to expect an Employee to assist them in carrying out their legal duties.

The ability for Moble workers to opt out of the WTD requirements was removed in 2003 with the introduction of the Horizontal Amendin Directive (HAD). The HAD was incorporated into The Working Time (Amendment) Regulations 2003 and the Road Transport Directive was implemented in 2005 by the The Road Transport (Working Time) Regulations 2005. To cut a long list of regulations short, if you drive a vehicle with a Tachograph fitted for any length of time whatsoever, you cannot opt out of the 48hr average maximum.