The Road Transport (Working Time) (Amendment) Regulations 2012
| Jurisdiction | UK Non-devolved |
| Citation | SI 2012/991 |
| Year | 2012 |
2012 No. 991
Transport
The Road Transport (Working Time) (Amendment) Regulations 2012
Made 2nd April 2012
Laid before Parliament 4th April 2012
Coming into force 11th May 2012
The Secretary of State for Transport makes the following regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 19721.
The Secretary of State is a Minister designated2for the purposes of the European Communities Act 1972 in relation to measures relating to the organisation of working time.
Citation and commencement
1. These Regulations may be cited as the Road Transport (Working Time) (Amendment) Regulations 2012 and they come into force on 11th May 2012.
Amendment of the Road Transport (Working Time) Regulations 2005
2. The Road Transport (Working Time) Regulations 20053are amended as follows.
3. In regulation 2 (interpretation)—
(a) in the definition of “period of availability”—
(i) after each occurrence of the phrase “mobile worker” insert “or self-employed driver”;
(ii) delete the phrase “but is required to be available” and replace it with “but—
“(a)
“(a) in the case of a mobile worker, is required to be available; or
(b)
(b) in the case of a self-employed driver, makes himself available;”
(b) in the definition of “relevant requirements” insert “4(9)”, “7(6)”, “8(3)”, “9(5)” and “11A” after 4(8), 7(5), 8(2), 9(4) and 11 respectively;
(c) In the definition of “worker” after “means an individual” insert “who is not a self-employed driver and”;
(d) Delete the definition of “working time” and substitute —
““working time” means the time from the beginning to the end of work during which –
(a) the mobile worker or self-employed driver is at his workstation;
(b) the mobile worker is at the disposal of his employer, or (as applicable) the self employed driver is at the disposal of the client; and
(c) the mobile worker or self-employed driver is exercising his functions or activities, being:
(i) time devoted to all road transport activities, including, in particular—
(aa) driving;
(bb) loading and unloading;
(cc) assisting passengers boarding and disembarking from the vehicle;
(dd) cleaning and technical maintenance;
(ee) all other work intended to ensure the safety of the vehicle, its cargo and passengers or to fulfil the legal or regulatory obligations directly linked to the specific transport operation under way, including monitoring of loading and unloading and dealing with administrative formalities with police, customs, immigration officers and others; or
(ii) time during which the mobile worker or self-employed driver cannot dispose freely of his time and is required (or, in relation to a self-employed driver, chooses) to be at his workstation, ready to take up normal work, with certain tasks associated with being on duty, in particular during periods awaiting loading or unloading where their foreseeable duration is not known in advance, that is to say either before departure or just before the actual start of the period in question, or under collective agreements or workforce agreements;
but, in relation to self-employed drivers, general administrative work that is not directly linked to the specific transport operation under way is excluded from working time.”.
(e) in the definition of “workstation”—
(i) insert “in relation to a mobile worker” at the beginning of paragraph (a);
(ii) insert “or” after “its head office or its main place of business;” at the end of paragraph (a);
(iii) insert “in relation to a mobile worker or self-employed driver” at the beginning of paragraph (b);
(iv) insert “in relation to a mobile worker or self-employed driver” at the beginning of paragraph (c).
4. In regulation 3 (application)—
(a) after paragraph 3(1), insert—
“1A These Regulations also apply to self-employed drivers who are established in, or who do work for undertakings established in, a Member State of the European Union, and to whom paragraph (2) or paragraph (3) applies.”
(b) In paragraph 3(2)—
(i) after “mobile workers”, insert “or self-employed drivers”; and
(ii) for “that employment or work”, substitute “their employment or working activities”.
(c) For paragraph (2)(c) substitute—
“which are not vehicles exempted from the provisions of that Regulation under regulation 2 of the Community Drivers’ Hours and Recording Equipment Regulations 20074”.
(d) In paragraph 3 (3)—
(i) after “mobile workers”, insert “or self-employed drivers”; and
(ii) for “that employment or work”, substitute “their employment or working activities”.
(e) Delete paragraph 3(4)(a).
(f) In the opening words of subparagraph 3(4)(b), and in paragraphs (i) and (ii) of that subparagraph, for the word “worker” each time it occurs substitute “mobile worker or self-employed driver”.
5. After regulation 3 insert—
“Duty to Review Regulation 3(1A)
3A.—(1) The Secretary of State must from time to time—
(a)
(a) carry out a review of regulation 3(1A),
(b)
(b) set out the conclusions of the review in a report, and
(c)
(c) publish the report.
(2) In carrying out the review the Secretary of State must, so far as is reasonable, have regard to how Directive 2002/15/EC, in so far as it applies to self-employed drivers (which is implemented by means of regulation 3(1A)), is implemented in other Member States.
(3) The report must in particular—
(a)
(a) set out the objectives intended to be achieved by the regulatory system established by regulation 3(1A),
(b)
(b) assess the extent to which those objectives are achieved, and
(c)
(c) assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.
(4) The first report under this regulation...
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