OpenLegislation

Regulation 4 Working timeI1

Northern Ireland

(1)

Subject to paragraph (2), the working time, including overtime, of a mobile worker F1or self-employed driver shall not exceed 60 hours in a week.

(2)

In any reference period which is applicable to his case, F2the working time of a mobile worker or self-employed driver shall not exceed an average of 48 hours for each week.

(3)

The reference periods which apply F3...shall be –

F4(a)

in the case of a mobile worker—

(i)

where a collective agreement or a workforce agreement provides for the application of this regulation in relation to successive periods of 17 weeks, each such period; or

(ii)

where there is no such provision, and the employer gives written notice to the mobile worker that he intends to apply this sub-paragraph, any period of 17 weeks in the course of the worker’s employment;

F5(b)

in the case of a self-employed driver who elects to apply this sub-paragraph in relation to any period of 17 weeks or to successive periods of 17 weeks, each such period; or

(c)

in any other case F6for a mobile worker or self-employed driver, , the period ending at midnight between Sunday 31st July 2005 and Monday 1st August 2005 and thereafter, in each year, the successive periods beginning at midnight at the beginning of the Monday which falls on, or is the first Monday after, a date in column 1 below and ending at midnight at the beginning of the Monday which falls on, or is the first Monday after, the date on the same line in column 2 below.

Column 1 (beginning)Column 2 (end)
1st December1st April
1st April1st August
1st August1st December
(4)

The reference period may be extended in relation to particular mobile workers or groups of mobile workers for objective or technical reasons or reasons concerning the organisation of work, by a collective agreement or a workforce agreement, by the substitution for 17 weeks of a period not exceeding 26 weeks in the application of paragraphs (2) and F7(3)(a)(i) above.

F8(4A)

The reference period may be extended in relation to self-employed drivers for objective or technical reasons or reasons concerning the organisation of work, by the substitution for 17 weeks of a period not exceeding 26 weeks in the application of paragraphs (2) and (3)(b).

F9(5)

The average weekly working time during any applicable reference period shall be determined according to the formula—

(A+B)÷Cfor mobile workers, or

A÷Cfor self-employed drivers,

where—

“A” is the aggregate number of hours comprised in the working time of the mobile worker or self-employed driver during the course of the reference period;

“B” is the number of hours excluded during the reference period; and

“C” is the number of weeks in the reference period.

(6)

In paragraph (5), “excluded hours” means hours comprised in –

(a)

any period of annual leave taken by the mobile worker in exercise of entitlement under F10regulation 15 of the Working Time Regulations (Northern Ireland) 2016 ;

(b)

any period of sick leave taken by the mobile worker;

(c)

any period of maternity, paternity, adoption or parental leave taken by the mobile worker.

(7)

For the purposes of paragraph (5), the number of hours in a whole day shall be eight and the number of hours in a whole week shall be forty-eight.

(8)

An employer shall take all reasonable steps, in keeping with the need to protect the health and safety of the mobile worker, to ensure that the limits specified above are complied with in the case of each mobile worker employed by him.

F11(9)

A self-employed driver shall take all reasonable steps, in keeping with the need to protect his health and safety, to comply with the limits specified in paragraphs (1) to (7).

Annotations

Textual amendments

F1

Words in reg. 4(1) inserted (11.5.2012) by The Road Transport (Working Time) (Amendment) Regulations (Northern Ireland) 2012 (S.R. 2012/169), regs. 1(1), 4(2)

F2

Words in reg. 4(2) substituted (11.5.2012) by The Road Transport (Working Time) (Amendment) Regulations (Northern Ireland) 2012 (S.R. 2012/169), regs. 1(1), 4(3)

F3

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

F4

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

F5

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

F6

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

F7

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

F8

Reg. 4(4A) inserted (11.5.2012) by The Road Transport (Working Time) (Amendment) Regulations (Northern Ireland) 2012 (S.R. 2012/169), regs. 1(1), 4(6)

F9

Reg. 4(5) substituted (11.5.2012) by The Road Transport (Working Time) (Amendment) Regulations (Northern Ireland) 2012 (S.R. 2012/169), regs. 1(1), 4(7)

F10

Words in reg. 4(6)(a) substituted (28.2.2016) by The Working Time Regulations (Northern Ireland) 2016 (S.R. 2016/49), regs. 1, 53(5) (with reg. 22(1))

F11

Reg. 4(9) added (11.5.2012) by The Road Transport (Working Time) (Amendment) Regulations (Northern Ireland) 2012 (S.R. 2012/169), regs. 1(1), 4(8)

Commencement

I1

Reg. 4 in operation at 16.6.2005, see reg. 1