Application3
1
These Regulations apply to mobile workers who are employed by, or who do work for, undertakings established in F11the United Kingdom, and to whom paragraph (2) or paragraph (3) applies.
F21A
These Regulations also apply to self-employed drivers who are established in, or who do work for undertakings established in, F12the United Kingdom, and to whom paragraph (2) or paragraph (3) applies.
F12
This paragraph applies to mobile workers F3or self-employed drivers who, in the course of F4their 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
F5c
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 F6or self-employed drivers, to whom paragraph (2) does not apply, who in the course of F7their 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 F10Article 2(2) of the AETR; and
c
which are performing F13transport operations wholly or partly outside the United Kingdom.
4
These Regulations do not apply to—
F8a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
any F9mobile 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 F9mobile worker or self-employed driver, or
ii
in any other case on fewer than 16 days in a reference period applicable to that F9mobile worker or self-employed driver.