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When the Working Time Directive (WTD) was signed off in

21st October 2010
Page 29
Page 29, 21st October 2010 — When the Working Time Directive (WTD) was signed off in
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Which of the following most accurately describes the problem?

2002, the selfemployed were given a derogation until March 2009. Come that date the EC argued that their inclusion was impractical and suggested that only the false self-employed be brought into scope — drivers that are technically self-employed but, in reality, work for one employer.

However, the Employment Committee voted to include owner-drivers in April and the European Parliament endorsed this position in June. The EC withdrew its objections to including owner-drivers.

The working time rules are now fully applicable to self-employed drivers," says a spokesperson for the Transport Commissioner. "It is up to member states to demonstrate how they comply with their legal obligations and enforce the rules. The EC is asking them what they are doing to implement the directive with regard to self-employed drivers and will decide on any action once it has received their replies."

The spokesperson adds that the EC still believes enforcement will raise practical difficulties. It does not intend to issue instructions on a uniform enforcement regime, "since this could be costly and impose an additional administrative burden on member states".

UK Labour MEP Stephen Hughes had expected the EC to take the initiative in explaining how owner-drivers should be brought into scope. "The assumption was that they would come forward with a new proposal," he says.

If the EC sounds lukewarm about enforcing the changes: it has an ally in the UK government. "At the moment we are not implementing these regulations," says transport minister Mike Penning. "I am disappointed with the outcome of the recent vote in the European Parliament and the subsequent withdrawal of the EC proposal. This feeling is shared by most other member states. We are working with other member states to limit the impact of this decision on the road haulage industry. My job is to defend hauliers and } intend to do that."

A [MT spokesperson emphasises that the government has not said it will not implement the regulations — the minister has written to the EC and a response is awaited.

But how will the move to WID affect small operators? It shouldn't be a problem," says Southampton-based owner-driver Malcolm Millard. "Keeping VVTD records doesn't bother me as long as I get proper guidance I'll just chug along. It's just a matter of keeping the records right."

Not all member states are awaiting EC guidance. Chris Yarsley, European affairs manager for the Freight Transport Association, says that Accession States, such as Bulgaria, that have recently joined the EU, have brought owner-drivers into scope. Italy has also amended its legislation and the Spanish transport trade association is in favour," he says.


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