Working time and drivers hours regulation

Non-mobile workers

The Working Time Regulations give statutory rights and obligations relating to work and rest for employees, but not mobile workers. Mobile workers rights to work and rest are explained below. Working time is defined as when a worker is working at his employer’s disposal and carrying out his activity or duties.

Below is a summary of the main requirements of the regulations:

• A limit on average weekly working time to 48 hours over 4 months (employees can opt out)
• A limit on night workers’ average normal daily working to 8 hours in any 24 hours
• A requirement of a health assessment for night workers
• A minimum daily and weekly rest period of 11 consecutive hours in 24 hours
• Rest breaks at work after six hours
• Four weeks paid annual leave

Members can download more detailed guidance from the link below:

Fact Sheet 503 - working time non mobile workers

Mobile workers

Where workers job responsibilities involve driving they are considered mobile workers and they may need to observe rules around the amount of time spent driving, on a break, resting or performing other job responsibilities.

Employees who drive vehicles over 3.5 tonnes gross vehicle weight  as part of their job responsibilities have to follow either the EU drivers’ hours rules or the domestic drivers’ hours rules. The EU drivers’ hours rules are much stricter and require that all work and rest time is recorded on a tachograph.

Some employers follow the spirit of the drivers’ hours rules for their employees who drive cars and vans as well.

For rental companies who employ drivers to deliver and collect their minibuses and commercial vehicles, move the vehicles between sites and take the vehicle for servicing or MOTs/annual tests there is an exemption from the EU drivers’ hours rule provide the vehicle is unladen  and the driver is never involved with the carriage of passengers or goods. These drivers’ will need to observe the domestic drivers’ hours rules.

For full detail on the EU and domestic drivers' hours rules including who has to observe which rules, click the link below:

Fact sheet 503 - drivers’ hours and working time rules

Further information

If you have any questions on this area please call 01494 434747 and ask to speak to someone in the legal and policy team or email legalandpolicy@bvrla.co.uk.

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