Posted By Karen Todd
Brenda,

I have far too much information to write here.

The working time directive originally excluded the transport sector, such that whilst drivers were excluded other workers employed in associated transport operations such as warehousing, vehicle maintenance, etc were not excluded.

Directive 2000/34/EC (the Horizontal Directive) took effect from August 2003 and extended the original rules to cover all employed road transport personnel.

Another Directive, the Road Transport Directive, applying specificaly to 'mobile workers and self-employed drivers' comes into force next year.

I have tables that set out the Horizontal Directive provisions and the Road Haulage Directive provisions, and I can fax them to you if you give me your fax number.

Working time is defined as when the employee is at the disposal of his/her employer or carrying out his/her employment duties. For LGV drivers, working time is all of the time worked, not just driving time. When employees are free to dispose of their time, it is not counted as working time. The Road Transport Directive definition is more specific in stating that working time is from the beginning to the end of the employee's work, at the disposal of his/her employer and exercising his/her functions or activities.

If you look at drivers hours rules, rest periods are defined as uninterrupted periods of at least one hour during which the driver 'may freely dispose of his time'.

I see what you are getting at though - if they have to sleep in the lorry and are expected to answer phonecalls on their mobile phone, are they really free to do what they like? However, as per the above, it is considered that if a driver is having a rest period (uninterrupted), he is able to freely dispose of his time. There was a case involving ambulance drivers, and I think it was considered that they were at work during rest periods because they were 'on call' as such and that their employer was in breach of the WTD - anyone else remember the details?

See:

http://www.dft.gov.uk/st.../dft_freight_022954.hcsp

for more information.

Regards,

Karen