OpenLegislation

Regulation 3 ApplicationI1

Northern Ireland

(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 (3) applies.

F4(2)

This paragraph applies to mobile workers F5or self-employed drivers who, in the course of their 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

(c)

F6which 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) 2009 .

(3)

This paragraph applies to mobile workers F7or self-employed drivers, to whom paragraph (2) does not apply, who in the course of their employment or working activities, drive or travel in 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 Article F8Article 2(2) ) of the AETR; and

(c)

which are performing F9transport operations wholly or partly outside the United Kingdom .

F10(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.

Annotations

Textual amendments

F1

Words in reg. 3(1) substituted (31.12.2020) by The Drivers' Hours and Tachographs (Amendment) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/596), regs. 1(3), 12(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 (Northern Ireland) 2012 (S.R. 2012/169), regs. 1(1), 3(2)

F3

Words in reg. 3(1A) substituted (31.12.2020) by The Drivers' Hours and Tachographs (Amendment) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/596), regs. 1(3), 12(a); 2020 c. 1, Sch. 5 para. 1(1)

F4

Reg. 3(2) substituted (31.7.2007) by The Road Transport (Working Time) (Amendment) Regulations (Northern Ireland) 2007 (S.R. 2007/323), regs. 1, 2(2)

F5

Words in reg. 3(2) substituted (11.5.2012) by The Road Transport (Working Time) (Amendment) Regulations (Northern Ireland) 2012 (S.R. 2012/169), regs. 1(1), 3(3)(a)

F6

Words in reg. 3(2)(c) substituted (11.5.2012) by The Road Transport (Working Time) (Amendment) Regulations (Northern Ireland) 2012 (S.R. 2012/169), regs. 1(1), 3(3)(b)

F7

Words in reg. 3(3) substituted (11.5.2012) by The Road Transport (Working Time) (Amendment) Regulations (Northern Ireland) 2012 (S.R. 2012/169), regs. 1(1), 3(4)

F8

Words in reg. 3(3)(b) substituted (11.3.2019) by The Drivers’ Hours and Tachographs (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/12), regs. 1(2), 26

F9

Words in reg. 3(3)(c) substituted (31.12.2020) by The Drivers' Hours and Tachographs (Amendment) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/596), regs. 1(3), 12(b); 2020 c. 1, Sch. 5 para. 1(1)

F10

Reg. 3(4) substituted (11.5.2012) by The Road Transport (Working Time) (Amendment) Regulations (Northern Ireland) 2012 (S.R. 2012/169), regs. 1(1), 3(5)

Commencement

I1

Reg. 3 in operation at 16.6.2005, see reg. 1