Road Transport (Mobile Workers) Act Definitions
The European Agreement Concerning the Work of Crews of Vehicles Engaged in International Transport
: Provisions in the European legislation that allow Member States to introduce some added flexibility. In this case, extending the reference period up to 26 weeks for calculating the average working week and allowing workers to exceed the 10 hour limit for night work.
A worker is anyone who provides work or services under a contract, express or implied. A mobile worker is any worker forming part of the travelling staff (typically drivers and crew, but also trainees and apprentices) who is in the service of an undertaking which operates road transport services for passengers or the movement of goods. Mobile workers include drivers who work for hire and reward companies or companies with own account operations.
: Is defined as a period between 00.00 and 04.00 hours for drivers and crew of goods vehicles and between 01.00 and 05.00 hours for drivers and crew of passenger vehicles.
"Night work" means any work performed during the night time period (probably Midnight to 04.00am). A night worker is any driver who works during all (or some) of the night timeperiod. Under these conditions, a driver who starts work at 04.00am is not a night worker; but he is if he starts at 03.55am. Night workers can only do 10 hours of working time in every 24-hour period.
: Loosely speaking, covers waiting time whose duration is known about in advance by the mobile worker.
is the period of time over which working time is averaged. The number of hours worked each week should normally be averaged out over 17 weeks. The reference period can be extended to 26 weeks by a collective or workforce agreement (relevant agreement).
There are 2 types agreement covered by this term. There is a 'collective agreement' between the employer and an independent trade union or a 'workforce agreement' which is between the employer and group of employees (see section 7.1). If any worker has their conditions determined by a collective agreement they cannot be subject to a workforce agreement.
the Working Time (Road Transport) Regulations do not make provision for daily and weekly rest as these requirements are set by Community Drivers' Hours Regulation 3820/85.
:This is not the same definition as that used by the Inland Revenue or in other UK employment legislation.
is defined as the period between 00.00 hours Monday and 24.00 hours on the following Sunday.
: Loosely speaking, covers driving and other duties normally associated with working. It does not include breaks or periods of availability.
: Refers to in and around the vehicle, the employer's premises, and other places where the mobile worker might work (e.g. at the customer's site)