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Directive question
Page 34
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I work as an operations support clerk Sunday to Thursday, a total of 431/2 hours. I also work for an agency a couple of days a week, driving vans and 7.5-tome vehicles.
As my total working week exceeds 48 hours will I still be able to work for the agency when the Working Time Directive becomes law next March?
Wayne Gammon Callington, Cornwall Your question is complex for a number of reasons. Firstly, you may well be in breach of the domestic hours rules, and or the EC drivers' hours rules if you are adding to your total duty time by doing driving for an agency on a given day or in a given week, The Working Time Directive is already law; what comes into force in March is the Road Transport Directive. Much ot your work, as a clerk and driving vans (presumably at 3.5 tonnes or below) is exempt from the EC hours rules so it is already covered by the Working Time Directive limits that came into force in August 2003. Unless you have opted out of the 48-hour week for each of your employers, you are already at risk.
If from next March you continue to drive vehicles that are covered by the EC Drivers Flours Rules (the 7.5-lonner, depending on the wort), then you are clearly at risk of exceeding yourtotal of 48 hours. Remember that the 48 hours is not time at work— it is working time. This means you can discount from the period breaks and periods of availability where you are freely able to dispose of yourtime for a period of the working day.
Therefore the question of whether you will be in breach will depend upon an analysis of the hours of work that you do. That means the hours at work and the hours physically working, discounting breaks and other gaps in activity.
I suggest this exercise is carried out and you should then seek further advice.
You are clearly at risk, however, and need to assess your total work for domestic hours, EC drivers' hours, Working Time Directive and Road Transport Directive compliance.
Your situation is just about as complicated as it could possibly get!