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Am I immune?

21th October 2004
Page 40
Page 40, 21th October 2004 — Am I immune?
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Which of the following most accurately describes the problem?

I have been working as a self-employed relief driver and for an agency when that work dries up. If I can find enough self-employed work when the Working Time Directive comes in will I be exempt from the regulations in the same way as an owner-driver?

At the moment, any work I do for the agency is on PAYE. As an ex-owner-driver I am still a sole trader and VAT registered. Robert Fairhrother Via e-mail

The Working Time Directive is already in force but apart from giving health checks for night workers and paid holiday it has virtually no impact on those who currently drive under the EC Drivers Hours Rules.

The new legislation, which comes into farce in March next year, is the Road Transport Directive (RID) and this applies exclusively to drivers who work under the EC Drivers Hours Rules.

If you are genuinely self-employed you will be exempt from the Road Transport Directive. However, it is anticipated that self-employed drivers will become covered by the RID by 2009.

In order to come within the exemption your employment status must be clear and unequivocal. This means you must be able to demonstrate that you can choose who you work for so you are your awn boss.

You should bear in mind any ambiguity in the relationship you have. For example. if you start working for a long period solely for one employer you may well have to comply with the RID.

This follows a principle in English law that if you wish to rely on an exemption, you have to

prove that it applies to you. But as a genuinely self-employed driver sorting out your own tax and VAT, working for different employers and choosing when you do and don't work, you are likely to be exempt until sell-employed drivers are brought within the Working Time Directive at the end of this decade.

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