Describe Limits on Driver Work Times
Isaac Perry
6.4_limits_on_driver_working_times.docx6.4 Limits on Driver Working Times
One of the major constraints on road haulage operations is the legal restriction on lorry drivers’ working times. There are, in fact, two quite separate pieces of legislation for the operator to contend with; first, the new set of rules introduced by the EU’s Road Transport Directive (Directive 2002/15/EC) commonly referred to as the RTD, which became effective on 4 April 2005; and second, the long-standing EU drivers’ hours law which has been in existence since 1986 under the provisions of EC Regulation 3820/85/EEC and which remains in force despite overlapping the RTD. Both of these sets of rules have to be observed in full making the driver’s life a nightmare when it comes to working out what hours he has left to drive and work, when he must take a statutory break and when his rest periods are due. It is, of course, right and proper that heavy vehicle drivers should be restricted in the hours they are allowed to work for reasons of safety, both of the drivers themselves and of other road users. A heavy lorry is a potentially lethal weapon when in the charge of a tired driver or, indeed, one who is over the limit on drink or drugs.
The RTD, which may be described an off shoot from the main EC Working Time Directive (Directive 93/104/EC) which applies to most workers in Europe, deals specifically with working time provisions for those persons performing ‘mobile transport activities’ (mainly LGV drivers) – within scope of the EU drivers’ hours rules (mentioned above), but with the exception of self-employed mobile workers (such as owner–driver road hauliers) who remain exempt from the Directive until 23 March 2009. The most important, and one of the most heatedly debated provisions of these working time directives is the restriction to a weekly maximum of 48 hours’ work, with a maximum of 60-hours work allowable in any 1 week. These weekly totals may be averaged over a 4-month (i.e. 17 weeks) reference period, which can be extended by agreement between employer and employee to 6 months. The total working time is calculated excluding breaks during the working day and waiting time (i.e. ‘periods of availability’), but unlike the main working time directive, the RTD does not offer an ‘opt out’ from the maximum working time. There are special provisions in the Directive relating to break periods, periods of availability, otherwise known as waiting time, night work, worker’s holiday entitlements (i.e. at least 4 weeks paid holiday), the need for employers to keep detailed records and the rights of night workers to be given health assessments by a qualified health professional, and even a medical examination if necessary.
Self-employed workers are exempted from inclusion in the RTD until 23 March 2009, as already mentioned. However, to qualify as self-employed these drivers must be genuinely self-employed in accordance with both RTD and Inland Revenue rules on self-employment meaning:
· having as their main occupation the transport of goods by road for hire or reward under an ‘O’ licence;
· being entitled to work for themselves;
· not being tied to an employer under an employment contract or other hierarchical working relationship;
· having the freedom to organize their own work;
· their income must derive from the profits of their business;
· they must have the freedom, either alone or in co-operation with others, to work for more than one customer.
The limitation on LGV drivers’ working times and the self-employed provisions included in the Directive could have a significant long-term bearing on intermodal transport operations. Firstly, because the reduced working time measure is virtually crucifying the road haulage industry which for years has depended on the willingness of truck drivers to work and drive for the maximum that the EU law allows (60–65 hours weekly depending on circumstances). This means a 20–26 per cent reduction on average in driver’s available working time and, by simple calculation, a similar reduction in the numbers of LGV drivers likely to be available in the future. The transport trade press, the trade associations, and the trades unions have bandied around various numbers for the likely LGV driver shortages, but a figure of 80 000 seems to be a reasonable and commonly accepted ‘guestimate’ for the shortfall. The second significantly potential effect of the EU directives is that changing work practices such as reduced driver working hours, and the obvious increase in costs to the transport operator, could very likely lead to firms hiving off their vehicles and employed driving staff to a freelance, self-employment, status so they can continue to operate for the firm but on the exempt owner-driver’s available 60–65 hours weekly basis rather than the restricted 48-hour employed driver’s basis.
In intermodal terms, these significant changes could prove beneficial because firms that operate their own delivery vehicle fleets will, in the future, undoubtedly seek to save the costs, inconvenience and lost time of vehicles being away on long-haul journeys when they could so easily switch this traffic to alternative modes. Indeed, in practical terms, with fewer drivers available, firms may just not be able to man vehicles for two, three, or more day journeys away from base; better to keep their own drivers for the local collections and deliveries, and seek intermodal possibilities for the long haul.
Chapter 6 - The Road Haulage Role in Intermodalism
Intermodal Freight Transport
Taylor and Francis © 2005 Citation
Lowe, D. (2005). Intermodal Freight Transport. Boston. Chapters 2-6.
