Does anyone know if a driver does not come under the EU WTD if they do not drive for more than 15 days in a reference period of 26 weeks, i thought i had read it somewhere, but cannot find it now. This is a temporary measure as i have lost a driver at short notice and want a fitter (with HGV) to help out, but not be tied to the WTD for the remainder of the 26 weeks. I aslo presume he will be tied to the full weekly rest periods even if he only drives for a day in the week?
(4) These Regulations do not apply to–(a)self-employed drivers, or
(b)any worker 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 worker, or
(ii)in any other case on fewer than 16 days in a reference period applicable to that worker.
Nobody bothers about the WTD, it’s not really enforced and even if VOSA did come calling the first steps are advice and education rather than a penalty so not really worth worrying about at the moment.
Yes he will have to observe weekly rest periods even if he just drives on one day in the week. He will also need to keep a record of the other days he works in that week, easiest way is a tacho chart with his name, the date and the start and finish times on it.