Confused about Working Time, don’t worry here is a simplified guide …
EC directive 561/2006, applies to all mobile workers and all other staff that are considered part of the travelling staff. This directive stipulates that any work undertaken for any other transport employer, counts towards working time. This directive does not replace EC drivers’ hours regulations.
Workers must not work beyond 48 hours averaged out over a reference period.
60 hours is the maximum number of hours that can be worked in one week.
Driving and other work (Reference EU Directive 2002/15/EC) are considered activities that constitute to working time. Breaks and Periods of availability do not count towards working time hours.
When waiting time is known in advance, this time can be clocked as a Period of Availability. During the POA, the driver should be available to work.
The maximum time that can be worked without taking a break is 6 hours. A 30 minute break must be taken if working between 6 to 9 hours. A 45 minute break must be taken if working for more than 9 hours. The 45 minute can be split in multiples of 15 minutes.
Night time working has a limit of 10 hours over a 24 hour period, unless a workforce agreement is in place. Night work is considered from midnight and 4am (freight operators) and between 1am and 5 am (passenger operators).
The fixed reference period starts on the first Monday after/on the 1st of April, 1st of August, and 1st of December for each year. This fixed reference period is based on 17 or 18 weeks dependent on calendar dates. Should there be a workforce agreement put in place, this reference period can be extended up to 26 weeks.
Non-statutory absence can be entered as 0 hours, which can be used to reduce weekly average hours. However statutory absence is included in working time calculations (8 hours/day or 48 hours/week).