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An ICB member recently contacted the ICB Helpline on behalf of a client to ask about the European Commission rules on the amount of time a lorry driver can spend behind the wheel. We thought the following information would make a useful inclusion in InVOICE considering how many of you provide services for self-employed construction industry workers.
EC rulings on maximum working hours now apply to all workers, employed and self-employed following the rejection on 16 June 2010 by EU parliament of the European Commission proposal to exclude self-employed from Directive 2002/15/EC.
Content of the Directive 2002/15
Directive 2002/15 establishes maximum weekly working hours for workers performing mobile road transport activities. This means not only professional drivers, but also persons performing transport activities for their own account such as builders transporting building material or equipment.
The application of the directive is limited by the size of the vehicle driven, which must be above 3.5 tonnes.
The scope of the directive was originally restricted to employees and “false” self-employed drivers. However it contains a sunset clause according to which, from 23 March 2009, the directive shall apply to self-employed drivers (Article 2). With the aim of “ensuring the safety of transport and the health and safety of the persons involved”, the directive limits the weekly working time of mobile road transport workers to 48 hours, which may be extended to 60 hours only if, over four months, an average of 48 hours a week is not exceeded. Breaks of 30 minutes must be taken at least every 6 hours. “Working time” refers to activities such as driving, loading and unloading, technical maintenance; and some administrative work directly related to the transport operation at hand (customs, police).
The directive also contains provisions related to night work. It is important to underline that this directive is complemented by other pieces of legislation establishing fixed driving time and rest and break periods (Regulation 561/2006), and ensuring enforcement through the use of the digital tachograph (Regulation 3821/85) and through specific enforcement measures (Directive 2006/22/EC).
Implementation
Given that the rules of the 2002/15/EC directive, limiting weekly wo
rk to 48 hours, now apply for all mobile workers irrespective of their employment status, the Commission is legally bound to check the implementation of the Directive and to launch infringement procedures if it is not correctly enforced. So far the only country that has enforced the inclusion of self-employed workers is Italy. A common report will be published during the course of this year by the EC on the implementation of Directive 2002/15 EC and Regulation 561/2006 over the period of 2007-2008.
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