Working Time Legislation For Professional Drivers

There are limits and restrictions on the amount of hours a driver can spend behind the wheel of his van, lorry or car in the course of his employment. These limits and restrictions have been brought into play in order to reduce the number of accidents on the roads and also the number of hours worked by drivers without their having sufficient breaks and rest periods.

This legislation is referred to as the 'Working Time Directive' and also applies to other workers as well but in the case of drivers the legislation is slightly more stringent.

What is the Working Time Directive?

The Working Time Regulations 1998 were brought into being in order to reduce the amount of hours any one individual worked. For a long time prior to that many individuals in many different jobs worked more than forty-eight hours a week and in some instances received no extra pay for doing so. Under the auspices of the European Union the Working Time Regulations 1998 were introduced in order to make the system of employment fairer for all.

The Forty-Eight Hour Week

As we have already touched upon there has been a trend for workers to work longer than the forty-eight hour rule that is now in place under the Working Time Regulations. This rule now ensures that for the majority of workers their working week will last no more than forty-eight hours per week unless they stipulate differently (for which they must sign a opt out clause). This forty-eight hour per week rule also includes driving to and from work and lunch breaks.

Rules for Professional Drivers

If you are a professional driver and spend most of your working week behind the wheel of a van, lorry or taxi for example then there are certain rules which apply to you and that you must adhere to during the carrying out of your job.

The rules for drivers include the following:

• Driving time is the amount of time that is recorded by the tachograph equipment stored in the vehicle.
• You may only drive for a period of no more than ten hours per day.
• You must have a maximum of eleven hours rest between shifts
• The maximum amount of hours you may drive in any given week as part of your job is fifty-six hours
• You must take a forty-five minute break after every four and a half hours behind the wheel

The aforementioned laws are in place to protect not only the individual behind the wheel but also anyone they may carry as a passenger and indeed anyone else they may come into contact with on the road.

Digital Tachographed Vehicles

You should be aware that for any job which requires the driving of a vehicle equipped with a digital tachograph reader, that you as the driver must be equipped with a driver's card. This card is a plastic card similar to the plastic driver's licence card which is inserted into the tachograph to allow it to take accurate readings of the number of miles and hours you have driven.

Drivers who do not have a driver's card can still drive the vehicle in question but the tachograph reader will record the fact it has been driven without a driver's card. This is done so that Department of Transport inspectors may carry out checks on the amount of time drivers - both full time and agency based - spend behind the wheel of a company vehicle.

You should be aware that it is now a criminal offence to drive beyond the legally permitted number of hours without having the correct rest and both you and your employer could be subject to heavy penalties.