Working Time

The Road Transport (Working Time) Regulations 2005, SI 2005/639 apply to commercial drivers and crews of Heavy Goods Vehicles and Public Service Vehicles in Great Britain with effect from 4th April 2005. They extend the 1985 Community Drivers' Hours regulation, 3820/85/EC, which previously covered drivers only, to all crew members (note that 3820/85 is repealed and replaced by EC Regulation 561/2006: "the Community Drivers' Hours Regulation" with similar effect.)

The 2005 regulations prescribe the maximum weekly working time and maximum average weekly working time of such workers and set out the reference periods over which such time is to be calculated . They also regulate periods of availability, breaks, rest periods and night work and require employers to keep records of time worked and to provide copies.

The 2005 regulations place restrictions on the permitted weekly working time and night work time of all workers (including non-drivers) working in vehicles which are required to have a tachograph - basically coaches and goods vehicles of 3.5 tonnes or more. The regulations also lay down minimum rest periods and rest breaks. Breach of the regulations is a criminal offence (see Road Transport (Working Time) Regulations 2005, SI 2005/639 regs 16 to 22).

Full Road Transport (Working Time) Guidance from the Dep't of Transport is available on the Department of Transport website, which covers the 2005 regulations. General official information for vehicle operators and drivers, for light vehicles as well as HGV and PSV drivers and operators, is available on the Vehicle & Operator Services Agency ("VOPA") website. VOSA (which is an executive agency of the Department of Transport) and the Police will enforce the regulations on behalf of the licensing authorities, through site visits, operator targeting and spot-checks.