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For operators and furloughed drivers on EU mobile working time rules and EU and AETR drivers’ hours and tachograph rules.


Details

 

This guidance explains how:

  • to record your activities when furloughed, including when undertaking other work, either on your tachograph or by manual record if a tachograph cannot be used
  • being furloughed interacts with the working time rules that apply to mobile workers
  • to meet your obligations relating to driver card and tachograph vehicle unit data during coronavirus (COVID-19) related disruption

Guidance

Recording mobile working time and furloughing


This guidance is for employers and drivers who are regulated by:

  • EU or AETR drivers’ hours and tachograph rules
  • the working time rules that apply to mobile workers

 

It will help you understand how:

  • to record your activities when furloughed, including when undertaking other work, either on your tachograph or by manual record if a tachograph cannot be used
  • being furloughed interacts with the working time rules that apply to mobile workers
  • to meet your obligations relating to driver card and tachograph vehicle unit data during coronavirus (COVID-19) related disruption

Recording activities

 

For EU or AETR drivers’ hours tachograph purposes

 

Drivers and employers must record activities as follows:

  • record ‘driving / other work / availability / rest / breaks’ (as appropriate) if engaging in work for another employer driving vehicles in scope of the EU or AETR drivers’ hours rules; or

  • record ‘other work’ if conducting work for another employer which does not involve driving vehicles under the EU or AETR rules; or

  • record ‘break’ or ‘rest period’ if conducting no work at all (self-isolating at home or are otherwise not undertaking any work)

 

For the purposes of the Road Transport (Working Time) regulations

 

Drivers and employers must record activities as follows.

Time spent furloughed does not form part of the calculation of the average maximum weekly working time, as it does not fall under either ‘working time’ or ‘excluded hours’.

Therefore if a furloughed worker is not doing other work, including any training that would usually be recorded as working time, the time is not working time.

Work that is undertaken by a mobile worker while they are furloughed (for instance for a different employer) that is in scope of the regulations must be recorded and form part of the calculation of the worker’s average weekly working time.

Employers must record sufficient information on furloughed workers to meet their obligations under regulation 11 of the Road Transport (Working Time) Regulations 2005.

‘Leave’ must be recorded if conducting no work and taking statutory leave, even if statutory leave is taken while a worker is furloughed.

When statutory leave is taken, 48 hours must be recorded for the mobile worker’s normal working week and 8 hours per day for any period of time which is not a full week. Any leave over and above statutory leave does not have to be accounted in working time totals and can be used to reduce the 48-hour average.

Read guidance on the Road Transport (Working Time) Regulations.


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Duties of employers and drivers in relation to working time records if they drive for other employers temporarily

 

Drivers

Drivers must be able to provide their employer with a record of time they worked for another employer, for inclusion in the calculation of the mobile worker’s working time.

 

A furloughed driver temporarily undertaking work for another employer must be able to provide:

  • the temporary employer with a record of time worked for their normal employer
  • their normal employer with a record of time worked for the temporary employer

 

Employers

Employers who put drivers on furlough must request from each driver details of any time worked by that worker for another employer. They must include time worked for another employer in the calculation of the driver’s working time

Employers who temporarily employ furloughed drivers must request from each driver details of any time worked by that worker for another employer. They must include time worked for another employer in the calculation of the driver’s working time


Downloading from drivers’ tachograph cards and vehicle units

 

Drivers who are currently driving still need to download their tachograph card. However, in some situations, drivers may be unable to download their card. For example the place where download equipment is located may be inaccessible due to COVID-19.

If operators are unable to ensure drivers’ card downloads are carried out due to COVID-19, a record of this should be made and provided to a DVSA examiner if requested.

Furloughed drivers need to download their tachograph card when they return to driving. Drivers do not need to download every 28 days if they are not driving.

Operators still need to download vehicles’ unit data every 90 days. If they are unable to due to COVID-19, a record of this should be made and provided to a DVSA examiner if requested.


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Working arrangements for mobile workers

 

Time spent furloughed does not form part of the calculation of the average maximum weekly working time. This means that many mobile workers may be able to work the maximum weekly working time (60 hours) for more consecutive weeks than usual, depending on their reference period.

Drivers should not be expected to drive whilst tired. Employers remain responsible for the health and safety of their employees and other road users. Any evidence that health and safety obligations are not being fulfilled may be referred to Traffic Commissioners where regulatory action against the operator’s licence could follow.

The Health and Safety Executive have published guidance on managing fatigue which all operators are encouraged to review.

To manage the risk of fatigue employers should not require mobile workers to work at or around the maximum weekly working time for significantly longer than usual.


Enforcement of the Road Transport (Working Time) regulations

 

Breaching the Road Transport Working Time rules is a serious offence. The DVSA can deal with infringements in a number of ways including the issue of a prohibition notice or, in the most serious cases, a prosecution.

If you have any questions on the information in this note please contact [email protected].

This guidance represents the view of the Department for Transport at the time of publication. Ensuring compliance with the law remains the responsibility of drivers and employers.


Source: Department for Transport and Driver and Vehicle Standards Agency


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