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SELF-EMPLOYED DRIVERS

8th May 2003, Page 14
8th May 2003
Page 14
Page 14, 8th May 2003 — SELF-EMPLOYED DRIVERS
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w Excluding self-employed drivers from the Will until 2008 is a factor concerning many haulers, who fear their rates will be undercut by owner-operators able to work longer hours.

The main reason owner-drivers are exempt is believed to be because a very high proportion of drivers in other European countries are self-employed. Many British hauliers believe the industry should lobby for the self-employed opt-out to be removed, but Kirkbright says it's too late for that. "It will not be changed—we're stuck with it until 2008."

However, he believes their exclusion will not be such a problem as many hauliers envisage.

Under the WTD, a self-employed driver cannot be tied to any employer by an employment contract or any other type of working hierarchical agreement. They must be free to organise their own work. their Income must be derived from their profits and they must be free to have commercial relationships with several customers. "So if an owner-operator has any sort of contract which says they must be available at specific times or a customer has first call on their services, then they don't satisfy the criteria."

So, where an owner-driver is contracted to one employer, is restricted for working for others or Is controlled wholly or mainly by that customer, they will come under the scope of the WTD. "Even if a driver forms a co-operative and contracts with several employers, it may still be considered a hierarchical agreement and will not count."

But if you think a competitor is using subbies full-time, what can you do? KIrkbright says the Will will be enforced by VOSA. Traffic Commissioners and the HSE. "So, if you know someone who is using subbies full-time, you can report it as a breach of the law. The Will Is there to protect you and I as EU citizens, and that means you can take civil action— there is something you can do."

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Organisations: European Union

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