Working Time Directive: UK Guide

These rules govern driver rest periods and working hours to promote safety and prevent fatigue, with non-compliance leading to significant penalties.

Our guide simplifies some of the more intricate rules to help you better understand your obligations.

What is a working time directive?

Drivers’ hours regulations are designed to enhance driver well-being and improve road safety. Commercial vehicles are required by law to be equipped with tachographs, which record data such as driving time and distance.

All commercial bus and truck drivers must have a tachograph driver card, which stores critical compliance-related data, including rest and break periods. These regulations ensure fair competition among transport companies and help prevent driver fatigue.

European working time directive: Working hours for fleet drivers?

According to the UK’s Working Time Regulations 1998, drivers must receive “adequate rest,” although the specific duration is not defined. However, there are strict rules on driving hours and working times, these rules are below:

• Drivers are limited to a maximum of 10 hours of driving and 11 hours of duty within a 24-hour workday.
• The 11-hour duty limit does not apply if drivers spend between 0 to 4 hours driving each day of the week.
• Certain drivers, such as doctors and service workers, are exempt from the 11-hour duty rule, but the maximum driving hours still apply.
• When operating vehicles in the UK that do not have a tachograph installed, drivers must maintain a written record of their hours. Detailed information is available on the UK government’s website.

Compliance with the EU working time directive in the UK

Even post-Brexit, your fleet may need to adhere to EU drivers’ hours regulations and tachograph requirements, especially for vehicles weighing more than 3.5 tonnes that travel within the UK or to, from, or through EU countries.

EU rules dictate maximum driving times and mandatory rest periods to ensure safety.

To remain compliant, fleet managers must regularly download and analyse tachograph data—every 28 days for drivers and every 90 days for vehicles.

EU regulations under Regulation (EC) No 561/2006

• A daily driving limit of 9 hours, extendable to 10 hours no more than twice a week.
• A weekly driving limit of 56 hours, with a maximum of 90 hours over two consecutive weeks.
• A mandatory rest period of at least 45 hours each week, starting no later than six days after the previous rest period.

What is classed as work during these hours?

Working time includes any activity for which drivers are paid, such as attending training sessions, performing administrative tasks, loading and unloading vehicles, and conducting vehicle maintenance. Essentially, any time when drivers are unable to freely manage their own time is considered working time.

How many hours can I work if I opt-out of the working time directive?

If you choose to opt out of the Working Time Directive in the UK, you are not limited to the standard 48-hour maximum weekly working time. However, there are still important considerations and legal requirements to keep in mind:

Agreement

You must formally agree to opt out of the 48-hour limit, usually by signing an opt-out agreement with your employer. This agreement should specify that you are voluntarily choosing to work more than 48 hours per week.

Health and safety

Even if you opt-out, your employer is still responsible for ensuring your health and safety. This means that they should not require you to work excessive hours that could pose a risk to your well-being.

Rest breaks

The opt-out does not affect your entitlement to rest breaks. You are still entitled to a minimum of 11 hours of rest between workdays and at least one uninterrupted 24-hour rest period per week (or 48 hours every two weeks).

Review and withdrawal

You can opt back into the 48-hour limit at any time, even after initially opting out. To do this, you must give your employer at least 7 days’ notice (or a longer period if specified in your agreement).

While opting out allows you to work more than 48 hours per week, it’s crucial to consider the potential impact on your health, work-life balance, and overall well-being before agreeing to anything.

Working time directive for HGV drivers

These regulations apply to many haulage operators and drivers of heavy goods vehicles (HGVs) over 3.5 tonnes, especially those operating within or travelling to, from, or through EU countries. Exceptions in the UK include vehicles used by the military, police, and fire services.

What are digital tachographs?

Digital tachographs are essential for fleet managers to ensure compliance with drivers’ hours regulations. These devices collect a wide range of data, from vehicle registration numbers to driver activities, including incidents like speeding or driving without a driver card.

How often do you download digital tachographs?

Regularly downloading and analysing this data is crucial—at least every 28 days for drivers and every 90 days for vehicles.

Consequences of non-compliance to the UK working time directive

Failure to comply with driver’s hours regulations can result in fines, imprisonment, or revocation of an operating license. Accountability can extend to companies, fleet managers, drivers, and even scheduling personnel if work is not properly organised or if standard checks are not conducted.

Ensuring a compliant working time directive with Motia

Our award-winning fleet management software is user-friendly, featuring a flexible interface that provides reliable structure and support.

This software allows fleet drivers to easily track their hours seamlessly, and for fleet management to check these hours to ensure these hours align with current working time directive laws.

For further information and queries about this software, please contact our helpful team.