§ Earl Attlee asked Her Majesty'sGovernment:
What provision will be made in the Working Time Directive for mobile workers in the vehicle recovery industry in times of exceptional or emergency demand. [HL4940]
§ Lord Davies of OldhamThe Working Time Directive for mobile workers applies only to operations covered by the EU drivers' hours rules in Regulation 3820/85. This regulation excludes from its scope vehicles with a maximum laden weight below 3.5 tonnes, and "specialised breakdown vehicles". This means that many drivers of breakdown vehicles will not be covered by the directive for mobile workers.
174WAThere is nothing in the Road Transport (Working Time) Directive (2002/15/EC) or in our draft regulations that specifically refer to emergencies; but we have published some advice in our draft guidance for industry. Employers must schedule work in such a way that workers are able to comply with these regulations. However, provided road safety is not jeopardised, and to enable the worker to reach a suitable stopping place, the mobile worker may depart from these rules to the extent necessary to ensure the safety of persons, the vehicle or of its load.
§ Lord Bradshawasked Her Majesty's Government:
Whether they consider that a work pattern allowing eight consecutive weeks of 59 hours driving for heavy goods vehicle drivers in the pre-Christmas period is either compliant or safe, following the compliance guide recently published by the Freight Transport Association. [HL4960]
§ Lord Davies of OldhamEU drivers' hours rules (3820/85/EC) already limit the amount of driving time to 90 hours per fortnight. It is not possible, therefore, to drive a vehicle for 59 hours over eight consecutive weeks. However, under new regulations that come into force in March 2005, drivers may work up to 60 hours a week as long as their working time does not exceed an average 48 hours a week, over the reference period.