Do drivers driving a HGV for an employer (only in the UK) have to comply with both Working Time Regulations 1998 and Working Time Regulations 2005 for drivers? Specifically drivers are allowed to have a rest break of less than 11 hours between shifts under certain circumstances, would the working time regulations 1998 overide this, if drivers worked soley in the UK? A client has had a serious incident involving a HGV driver, I have been given advice that a minimum 11 hour break between shifts is required by law for UK only HGV drivers by a number of very eminent colleagues but even they were not 100% sure. I have read through miriads of guidance on this but the only thing I have found which is remotely black/ White is that UK health and safety laws need to be followed in guidance issued by VOSA. Any thoughts and advice would be appreciated! Steve

Employees may opt out of the working time (48 hours averaged over 17 weeks) providing that they have agreed in writing. Which Driving rules are being applied? UK Domestic or EU? see link below http://www.dft.gov.uk/pg...shourtachographrules.pdf

RP, you are not quite correct about the 'opt out' of the 48hr maximum working week. An HGV driver is termed under the Regulations as a 'Mobile Worker' and since 2005, the provision to 'opt out' of the 48hr maximum working time (Averaged over the reference period, usually 17 weeks but can be different) was removed. Any driving of a vehicle fitted with a tachograph puts you in the category of 'mobile worker', even if its for an hour a week and therefore the 48hr maximum applies. UK or EU driving is irrelevant in this instance. The Driver's Hours Regulations are an entirely different thing and I think you may be getting the 2 confused, but an HGV Driver must adhere to both sets of Regs. The Drivers' Hours Regs are the ones that determine how much rest he needs to take and maximum driving times, etc; The Working Time Directive determines how much work (including non-driving work) he can do over a given period. As previously advised, you should talk to the FTA or VOSA, but to try and answer your original post,whilst 11hrs is considered the usual daily rest for a 24hr period, it can be reduced to 9hrs 3 times a week. There are no specific pre-conditions to reducing daily rest in this way, other than a limit to actual driving time to 10hrs (twice a week) and it is irrelevant weather UK or EU as the rules are the same on this matter. Hope this helps and I appreciate it's a little after your original post, but I've been lucky enough to be on holiday these last 2 weeks...