Unscrupulous bosses abuse driving time regulations

Average paid working hours for drivers of larger goods and passenger road vehicles have fallen since the Road Transport (Working Time) Regulations were introduced in 2005. But 45% of heavy goods (HGV) drivers still work more than the average 48-hour week limit, even without factoring in periods of waiting time (known as periods of availability [POA]), according to a review of the regulations by the Department for Transport.

The TUC says that the review has identified substantial abuse of the law which needs to be rectified. Brendan Barber, general secretary, said: “The government will be making a fundamental mistake if it allows the current rules on ‘periods of availability’ to stand, since they are widely used by unscrupulous employers to get round the rules”.

The regulations, based on the European Road Transport Working Time Directive, limit mobile workers to an average 48-hour week. However, POA add, on average, between seven and nine hours to the working week but do not count as working time.

The report noted that the use and interpretation of POA “remains the most contentious issue on which little consensus can be reached”, but concluded that the regulations do not need to be amended.

• LRD will be updating its guide to the working time regulations later this year and would like to hear how these have improved, or failed to improve, working time arrangements. Please contact us on 020 7928 3649 or email [email protected]