Regulation 3 Application

England, Wales and Scotland

(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

(F7c)

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 mobile worker or self-employed driver, or

(ii)

in any other case on fewer than 16 days in a reference period applicable to that mobile worker or self-employed driver.

Annotations

Textual amendments

F1: Words 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)
F2: Reg. 3(1A) inserted (11.5.2012) by The Road Transport (Working Time) (Amendment) Regulations 2012 (S.I. 2012/991), regs. 1, 4(a)
F3: Words 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)
F4: Reg. 3(2) substituted (11.4.2007) by The Road Transport (Working Time) (Amendment) Regulations 2007 (S.I. 2007/853), regs. 1, 2(3)
F5: Words 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)
F6: Words 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)
F7: Reg. 3(2)(c) substituted (11.5.2012) by The Road Transport (Working Time) (Amendment) Regulations 2012 (S.I. 2012/991), regs. 1, 4(c)
F8: Words 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)
F9: Words 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)
F10: Words 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
F11: Words 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)
F12: Reg. 3(4)(a) revoked (11.5.2012) by The Road Transport (Working Time) (Amendment) Regulations 2012 (S.I. 2012/991), regs. 1, 4(e)
F13: Words 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)