Drivers hours regulations and working time—close cousins
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What is the relationship between these two sets of rules? Taking the 48-hour week as an illustration, it can be seen that under The Working Time Directive there will be an average limit of 48 hours per week. Note the word "average". The drivers' hours regs set out the maximum working week, which, in some weeks, can be as much as 84 hours.
Therefore, drivers' hours will set the limit for a particular week and it will be a criminal offence to break that limit. A contract will often require the driver to work to that drivers' hours limit. The working time rules will not alter that limit in a particular week until the average is reached over the reference period.
Suppose it is pay review time, and the employees give notice that they plan stick to the 48-hour average limit to encourage you in the negotiations.
There is nothing you can do about that; it's their right. So what do you do? One answer is to say, fine, in that case you will be paid only for that time. Work according to your contract for so many weeks until we reach the average of 48 hours over 17 weeks. After that, if you do not want to work, I will not give it, and I will hire someone else for the other weeks. In other words, you only work for a given proportion of weeks.
The working time rules do not raise the spectre of vehicles being abandoned because the 48 hours are up.