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Working out the Diredive

6th November 2003
Page 66
Page 66, 6th November 2003 — Working out the Diredive
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Which of the following most accurately describes the problem?

Peter Orr, laments the prospect of the Working Time Directive and asKs: Is this why Eddie Stobart has decided to call it a day?

This is probably the first time in 18 years as an ownerdriver that! have seriously considered an alternative occupation.., only to discover in the national press that Eddie Stobart has beaten me to it.

He must have read the same documents on the Working Time Directive that! have. He and I have decided that the battle to meet an estimated 30% increase in costs on the rates we currently enjoy is one battle we're quite likely to lose.

I am sure my fellow ownerdrivers, believing we had a four-year delay, have not given the W'TD much consideration. But it's high time they did.because it is not good news for many of us. In fact, for most of us (myself included) it's beginning to look like an unmitigated disaster. According to the information I have read, and confirmed by consultation with experts, selfemployed status is dependent on the fulfilment of certain criteria. Apart from the usual tests (for example. that you pay all the bills and carry the can) the disaster is the requirement that you have 'several' customers.

But what is'several'? According to my expert,two customers is not several; three is. So ownerdrivers operating forjust one company may find themselves categorised as an employee.

The actual phrase in the documentation is"able to work for several customers at will". Think about that if you're an owner-driver with your unit painted in fleet colours.

Where has this requirement come from? And why? Over the years Mike many others, have found myself caught up in industrial action in many countries across Europe. Ownerdrivers have on many occasions been to the fore. Even our own fuel protest involved many ownerdrivers. Perhaps some people just consider owner-drivers to be a thorn in their side and would like to see the back of them.

But what will happen, as we all know, is the other European countries will ignore this particular directive and the UK authorities will work their butts off making sure they enforce it.

Another interesting section in the document explained how the WTD originated. European transport ministers, in discussion, decided that driving 65 hours a week, plus time spent loading, unloading and doing paperwork, would put the working week in excess of 80 hours, leaving drivers in a state of tiredness.

The much-debated 48-hour maximum week is interesting. Ludicrous.but interesting.As a fridge owner-driver,my duties during the the day include driving, opening and closingthe back doors and turning the pages of many books and newspapers.lwill,if the load is edible.carry out the odd quality control spot-check.The point is, I spend a lot of time not working.

As an international driver,1 can be away for three weeks or, if you like. 504 hours at a time.Averaged out (and because I only drive as the law allows me to) I work only for 135 hours in those three weeks.

So during those 504 hours that lam away,1 am off-duty (and not earning) for 369 of them— and woe betide me if I only have 368 hours off.This isn't realistic.

This month has been interesting for other reasons. While UK dery went up in price, French dery came down. Not much, but down. Then the French spoiled it by putting the price of tobacco products up 20% with a further rise due in January.

You see? You just can't win. •

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