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Topic of the Month
November 2008

Time to get tough on Working Time

It is some time since the Road Transport (Working Time) Regulations 2005 implemented the provisions of the EU Road Transport Directive 2002/15/EC into domestic law. At the time there were fears from employers that the directive would result in extra costs and from drivers that there would be a direct effect upon their wage package.

When the European Council and Parliament adopted Directive 2002/15/EC it was agreed that its provisions should apply in principle to self employed drivers from 23 March 09.  The European Commission has reviewed this and in October 08 presented a proposal to clarify the terms of the original Directive.  The Commission are of the view that there is no decisive case for the inclusion of self employed drivers from 23 March 09 but that it was important to make amendments to the original Directive so as clarify the definition of "mobile worker" and "self employed driver" .  This is because the Commission is concerned  that  false self employed drivers are covered by the directive.  The proposals are that the term "mobile worker" is extended to cover any person who is not tied to an employer by an employment contract or by any other type of working  hierarchical relationship,  but who does not have the freedom to organise the relevant working activities, whose income does not depend directly on profits made and who does not have freedom either individually or through a cooperation between self-employed drivers to have relations with several customers.

The Commission is also concerned about inconsistent enforcement of the Road Transport Directive across the EU and therefore proposes that Member States ensure that they have adequate numbers of qualified inspectors to ensure compliance with the provisions of the Working Time Directive and that there is greater exchange of information between Member States.  

The proposals will now be discussed by the European Parliament and Council but if adopted will have a significant effect on all those owner drivers who work only for one "customer".