The Cross-border Railway Services (Working Time) Regulations 2008
| Jurisdiction | UK Non-devolved |
| Citation | SI 2008/1660 |
| Year | 2008 |
(1) These Regulations may be cited as the Cross-border Railway Services (Working Time) Regulations 2008 and come into force on 27th July 2008.(2) These Regulations extend to Great Britain only.In these Regulations— (1) A cross-border worker is entitled in each 24 hour period to a rest period that is a minimum number of consecutive hours (“a daily rest period”) .(2) In the case of a daily rest period that can be taken at the cross-border worker's normal place of residence (“a daily rest period at home”) the minimum period is twelve hours, but this is subject to paragraphs (3) and (4) .(3) Once a week a daily rest period at home may be reduced by the employer of a cross-border worker to a minimum period of nine hours, but this is subject to paragraph (7) .(4) If a daily rest period at home is reduced by the employer below twelve hours, the minimum period for the next daily rest period at home is increased by the number of hours, including any part of an hour, by which the earlier period was less than twelve hours.(5) In the case of a daily rest period that cannot be taken at the cross-border worker's normal place of residence (“a daily rest period away from home”) the minimum period is eight hours.(6) When there is a daily rest period away from home the cross-border worker is entitled to work that is scheduled to enable the worker to take the next daily rest period as a daily rest period at home.(7) If a daily rest period at home is scheduled to be between two daily rest periods away from home, the daily rest period at home must not be reduced under paragraph (3) below ten hours.(1) Where there is only one driver and the driver's scheduled daily working time is six or more hours the driver is entitled to a break, but this paragraph and paragraphs (2) to (4) are subject to paragraphs (5) to (7) .(2) The minimum length of the scheduled break must be 30 minutes, but this is subject to paragraph (3) .(3) In the case of a driver whose daily scheduled working time is more than eight hours the minimum length of the scheduled break must be 45 minutes.(4) At least 15 minutes of the break must be scheduled to be between the third and sixth hour of the working time.(5) If a train service is delayed the time and duration of a driver's entitlement to a break under this regulation may be adapted during the working day.(6) If possible under the timetable for the train service the total time of the adapted break entitlement must be at least equal to the minimum scheduled break entitlement under the relevant paragraph of this regulation.(7) The time and duration of the break entitlement must be sufficient to ensure the effective recuperation of the worker.(1) A driver who is not entitled to a break under regulation 4 but whose scheduled daily working time is more than six hours is entitled to a break, but this paragraph and paragraphs (2) and (3) are subject to paragraph (4) .(2) The details of the break to which a driver is entitled under paragraph (1) , including its duration and the terms on which it is granted, must be in accordance with any provisions for the purposes of this regulation which are contained in a collective agreement or a workforce agreement.(3) Subject to the provisions of any applicable collective agreement or workforce agreement, the break provided for in paragraph (1) is an uninterrupted period of not less than 20 minutes.the employer must wherever possible allow the driver to take an equivalent period of compensatory rest, andin exceptional cases in which it is not possible, for objective reasons, to grant such a period of rest, the employer must afford the driver such protection as may be appropriate to safeguard the driver's health and safety.(1) A cross-border worker who is not a driver and whose scheduled daily working time is more than six hours is entitled to a break.(2) The minimum length of the scheduled break must be 30 minutes.(1) A cross-border worker is entitled every week to an uninterrupted rest period of 24 hours (a “rest day”) in addition to the minimum daily rest entitlement under regulation 3 and any days taken as part of the worker's entitlement to annual leave.(2) A cross-border worker is entitled to 104 rest days each leave year, but this paragraph and paragraphs (3) and (5) are subject to paragraph (6) .(3) A cross-border worker is entitled each leave year on at least 24 occasions to take a rest day that is immediately followed by another rest day (a “two-day rest period”) , but this is subject to paragraph (4) .(4) If there are more than two consecutive rest days, each rest day only counts towards one two-day rest period.(5) A cross-border worker is entitled each leave year on at least twelve occasions to take a two-day rest period over a week-end, so that the period includes a part or the whole of a Saturday and a part or the whole of a Sunday.(6) Paragraphs (2) , (3) and (5) apply only to a person who is a cross-border worker throughout a complete leave year that begins after 26th
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