Welcome to the Mobile Worker Hours Recording Application
Background Information
A new set of working time regulations came into force on 4 April 2005. The Regulations are called the Road Transport (Working Time) Regulations and they will affect mobile workers (mainly drivers, crew and other travelling staff) who are travelling in vehicles subject to the Community Drivers' Hours regulation (3820/85/EEC) or, in some cases, the AETR. "Self employed drivers" are exempt from these rules. Mobile workers are required to comply with these regulations as well as the existing Community Drivers' Hours regulation.
Legal requirements
The new regulations introduce limits on weekly working time (excluding breaks and periods of availability) and a limit on the amount of work that can be done at night. They also specify how much continuous work can be done before taking a break and introduce daily and weekly rest limits for the crew and travelling staff. Under the new regulations, working time for mobile workers must not exceed:
- An average 48 hour week
- 60 hours in any single week
- 10 hours in any 24 hour period, if working at night.
Recording Requirements
A reference period for the average 48 hour week may be extended from 4 to 6 months and the amount of night work can exceed 10 hours if a collective or workforce agreement is in place . However, mobile workers are not allowed to opt-out of the weekly working time limits, even if they want to work longer.
Employers will monitor working time and should do what they can to ensure
the limits are not breached. Records need to be kept for 2 years. If there
is no employer, the Agency, Employment Business or even the worker concerned
must monitor their working time. There is also guidance for using the tachograph
for monitoring working time