Regulation 3 Amendments to regulation 3 (application)
Regulation 3 of the principal Regulations is amended in accordance with paragraphs (2) to (5).
After paragraph (1) insert—
“(1A)These Regulations also apply to self-employed drivers who are established in, or who do work for undertakings established in, a Member State of the European Union, and to whom paragraph (2) or (3) applies.”.
In paragraph (2)—
for “who, in the course of that employment or work,” substitute “or self-employed drivers who, in the course of their employment or working activities,”; and
for sub-paragraph (c), substitute “which are not vehicles exempted from the provisions of that Regulation under regulation 3 (exemption from the Community Drivers’ Hours Regulation) of the Community Drivers’ Hours and Recording Equipment (Exemptions and Supplementary Provisions) Regulations (Northern Ireland) 2009f1”.
In paragraph (3) for “, to whom paragraph (2) does not apply, who in the course of that employment or work drive, or travel in,” substitute “or self-employed drivers, to whom paragraph (2) does not apply, who in the course of their employment or working activities, drive or travel in”.
For paragraph (4) substitute—
“(4)These Regulations do not apply to any mobile worker or self-employed driver who does work which is included in the calculation of working time—
(a)where the reference period is shorter than 26 weeks, on fewer than 11 days in a reference period applicable to that mobile worker or self-employed driver; or
(b)in any other case on fewer than 16 days in a reference period applicable to that mobile worker or self-employed driver.”.