Driver Hours
The Department for Transport has announced that it is to review the rules that govern the working hours of a number of bus, coach and van drivers.
The Great Britain Domestic Drivers’ Hours Rules limit the amount of driving time for these workers to 10 hours a day, and the maximum amount of duty time to 11 hours a day, but there is currently no legislation in place regarding the minimum entitlement to breaks.
The Trades Union Congress (TUC) is calling for the rules to be updated to give all drivers the right to proper breaks, and to protect them from excessive working hours. The TUC is also recommending that drivers should keep a physical record of their working hours.
The Domestic Drivers' Hours Rules are set out in the Transport Act 1968 and affect most drivers of commercial vehicles that are not within the scope of the EU rules. These include commercial vehicles with a maximum permitted gross weight of 3.5 tonnes or less and passenger carrying vehicles with either eight or fewer passenger seats or on regular public service routes (‘stage work’) of 50 kilometres or less.
The TUC says that these rules are out of date and give many drivers less protection than the Working Time Regulations 1998 (WTR). Under these regulations, van drivers are classed as “mobile workers” which sets their statutory entitlements at a minimum of 5.6 weeks’ holiday a year, a maximum working week average of 48 hours (unless they opt-out), regular health assessments if they work nights, and “adequate rest” periods.
The TUC also argues that the long hours some drivers are forced to work can cause fatigue, which contributed to one in five road accidents in 2008. It is thought that one in four bus drivers works more than 49.5 hours a week, and one in four van drivers works more than 48 hours a week.
The Freight Transport Association says that driver safety, appropriate working conditions, fair competition, the differences between the Great Britain and Northern Ireland domestic hours rules, and minimising regulatory burden should all be considered in the review.
The Government is expected to make an announcement regarding the DfT’s conclusions towards the end of the year.
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