The Road Transport (Working Time) Regulations 2005

Application E+W+S

3.—(1) These Regulations apply to mobile workers who are employed by, or who do work for, undertakings established in [F1 the United Kingdom], and to whom paragraph (2) or paragraph (3) applies.

[F2 (1A) These Regulations also apply to self-employed drivers who are established in, or who do work for undertakings established in, [F3 the United Kingdom], and to whom paragraph (2) or paragraph (3) applies.]

[F4 (2) This paragraph applies to mobile workers [F5 or self-employed drivers] who, in the course of [F6 their employment or working activities], drive or travel in or on vehicles—

(a) which are vehicles within the meaning of Article 4(b) of the Community Drivers’ Hours Regulation,

(b) which are not vehicles described in Article 3 of that Regulation, and

[F7 (c) which are not vehicles exempted from the provisions of that Regulation under regulation 2 of the Community Drivers’ Hours and Recording Equipment Regulations 2007].]

(3) This paragraph applies to mobile workers [F8 or self-employed drivers], to whom paragraph (2) does not apply, who in the course of [F9 their employment or working activities] drive, or travel in, vehicles

(a) which fall within the meaning of a “vehicle” in Article 1 of the AETR;

(b) which are not referred to in [F10 Article 2(2)] of the AETR; and

(c) which are performing [F11 transport operations wholly or partly outside the United Kingdom].

(4) These Regulations do not apply to—

F12 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) any [F13 mobile worker or self-employed driver] who does work which is included in the calculation of working time—

(i) where the reference period is shorter than 26 weeks, on fewer than 11 days in a reference period applicable to that [F13 mobile worker or self-employed driver], or

(ii) in any other case on fewer than 16 days in a reference period applicable to that [F13 mobile worker or self-employed driver].

Textual Amendments

F1 Words in reg. 3(1A) substituted (31.12.2020) by The Drivers' Hours and Tachographs (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/453), regs. 1(3), 50(2)(a); 2020 c. 1, Sch. 5 para. 1(1)

F2 Reg. 3(1A) inserted (11.5.2012) by The Road Transport (Working Time) (Amendment) Regulations 2012 (S.I. 2012/991), regs. 1, 4(a)

F3 Words in reg. 3(1) substituted (31.12.2020) by The Drivers' Hours and Tachographs (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/453), regs. 1(3), 50(2)(a); 2020 c. 1, Sch. 5 para. 1(1)

F4 Reg. 3(2) substituted (11.4.2007) by The Road Transport (Working Time) (Amendment) Regulations 2007 (S.I. 2007/853), regs. 1, 2(3)

F5 Words in reg. 3(2) inserted (11.5.2012) by The Road Transport (Working Time) (Amendment) Regulations 2012 (S.I. 2012/991), regs. 1, 4(b)(i)

F6 Words in reg. 3(2) substituted (11.5.2012) by The Road Transport (Working Time) (Amendment) Regulations 2012 (S.I. 2012/991), regs. 1, 4(b)(ii)

F7 Reg. 3(2)(c) substituted (11.5.2012) by The Road Transport (Working Time) (Amendment) Regulations 2012 (S.I. 2012/991), regs. 1, 4(c)

F8 Words in reg. 3(3) inserted (11.5.2012) by The Road Transport (Working Time) (Amendment) Regulations 2012 (S.I. 2012/991), regs. 1, 4(d)(i)

F9 Words in reg. 3(3) substituted (11.5.2012) by The Road Transport (Working Time) (Amendment) Regulations 2012 (S.I. 2012/991), regs. 1, 4(d)(ii)

F10 Words in reg. 3(3)(b) substituted (26.3.2019) by The Drivers Hours and Tachographs (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/453), regs. 1(2), 26

F11 Words in reg. 3(3)(c) substituted (31.12.2020) by The Drivers' Hours and Tachographs (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/453), regs. 1(3), 50(2)(b); 2020 c. 1, Sch. 5 para. 1(1)

F12 Reg. 3(4)(a) revoked (11.5.2012) by The Road Transport (Working Time) (Amendment) Regulations 2012 (S.I. 2012/991), regs. 1, 4(e)

F13 Words in reg. 3(4)(b) substituted (11.5.2012) by The Road Transport (Working Time) (Amendment) Regulations 2012 (S.I. 2012/991), regs. 1, 4(f)