Michael Morse of Leeds law firm Fox Hayes looks at the impact of the Road Transport Directive on haulage companies.
Until now the transport industry has been largely exempt from Working Time Regulations. This is about to change, as the Road Transport Directive comes into force on 23 March 2005. The impact will be huge as many highly reputable haulage companies will be forced to make major changes.
Key changes
At present companies must of course comply with legislation concerning driving time. This is quite different, however, from working time. Drivers often operate as long-distance teams. This allows them to cover
distances by sharing the driving. But the partner is still in the cab, working for the company, even if not actually driving.
The key changes in the Directive are:
- Weekly working time restricted to 48 hour average
- Working time includes time in cab plus loading/unloading (with some exceptions)
- No "opt-out".
Reduced income & driver contracts
These changes will not be popular with drivers making good money from long hours, so how should companies handle this?
Where a driver has been putting in long hours for many years, he may feel he has a right to do so. Therefore companies must explain that they have no choice in the matter, they must comply with the law. Companies should
explain what the rules mean. Where income will be lost by reduced hours, other options may exist to make it up.
Finally, companies should seize the chance to review contracts generally. In many cases there may be none at all. The Directive gives a chance to
design a staff handbook for submission to staff.
Employment Law gets ever more complex and the risks ever greater if you get it wrong. Early legal advice on the implications of the new legislation is strongly recommended. Companies can turn it to their advantage if they act promptly."
