Regulation 3 ApplicationI1
Northern Ireland
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.
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.
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—
which are vehicles within the meaning of Article 4(b) of the Community Drivers’ Hours Regulation,
which are not vehicles described in Article 3 of that Regulation, and
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 .
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 –
which fall within the meaning of a “vehicle” in Article 1 of the AETR;
which are not referred to in Article F8Article 2(2) ) of the AETR; and
which are performing F9transport operations wholly or partly outside the United Kingdom .
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—
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
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)