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Confusion over working time
Page 28
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FM WRITING WITH a couple of points of clarification with reference to your article on the Working Time Directive (CM 4 September). It's difficult to make my letter interesting, hut there is so much confusion about this complex legislation that it is important for hauliers to understand what does, and doesn't, apply to their situation.
• Section 3, HGV drivers' hours: it is only night-time drivers who will specifically not be allowed to work more than 10 hours in a 24hour period when the 2005 legislation applies.
• While we're on the subject of nights, the eight-hour average mentioned in Section 10. Exemptions, is part of the 2003 Horizontal Amending Directive and applies to warehouse and admin staff. It is also worth bearing in mind that the definition of "nights" is likely to be different for the 2003 and 2005 legislation. • Section 9, No driver opt-out: there is no individual opt-out for drivers covered by 3820/85 when the 48-hour average applies in 2005. However, drivers of light vans and other exempt vehicles, who are covered by this restriction right now, are entitled to opt out, although employers should be aware that the right to opt out is to be reviewed by the EU in November.
I'd like the government to publish its consultation document on the 2005 legislation.which was originally due to be published in June.
Once this document is published the industry can start to see how the government intends to apply the legislation and can start responding. At the moment we're all being kept in the dark.
Kirsten Tisdale Aricia Limited Banbury