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There are currently no known outstanding effects for the The Road Transport (Working Time) Regulations 2005, Section 3.
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3.—(1) These Regulations apply to mobile workers who are employed by, or who do work for, undertakings established in [F1the 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, [F3the United Kingdom], and to whom paragraph (2) or paragraph (3) applies.]
[F4(2) This paragraph applies to mobile workers [F5or self-employed drivers] who, in the course of [F6their 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 [F8or self-employed drivers], to whom paragraph (2) does not apply, who in the course of [F9their 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 [F11transport operations wholly or partly outside the United Kingdom].
(4) These Regulations do not apply to—
F12(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)any [F13mobile 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 [F13mobile worker or self-employed driver], or
(ii)in any other case on fewer than 16 days in a reference period applicable to that [F13mobile worker or self-employed driver].
Textual Amendments
F1Words 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)
F2Reg. 3(1A) inserted (11.5.2012) by The Road Transport (Working Time) (Amendment) Regulations 2012 (S.I. 2012/991), regs. 1, 4(a)
F3Words 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)
F4Reg. 3(2) substituted (11.4.2007) by The Road Transport (Working Time) (Amendment) Regulations 2007 (S.I. 2007/853), regs. 1, 2(3)
F5Words 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)
F6Words 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)
F7Reg. 3(2)(c) substituted (11.5.2012) by The Road Transport (Working Time) (Amendment) Regulations 2012 (S.I. 2012/991), regs. 1, 4(c)
F8Words 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)
F9Words 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)
F10Words 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
F11Words 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)
F12Reg. 3(4)(a) revoked (11.5.2012) by The Road Transport (Working Time) (Amendment) Regulations 2012 (S.I. 2012/991), regs. 1, 4(e)
F13Words 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)
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