The Road Transport (Working Time) (Amendment) Regulations (Northern Ireland) 2007

Amendment of the Road Transport (Working Time) Regulations (Northern Ireland) 2005(1)

2.—(1) In regulation 2, for the definition “the Community Drivers’ Hours Regulation”, substitute—

““the Community Drivers’ Hours Regulation” means Regulation (EC) No. 561/2006 of the European Parliament and of the Council of 15 March 2006(2) on the harmonisation of certain social legislation relating to road transport (and amending and repealing certain Council Regulations);”

(2) For regulation 3(2) substitute—

“(2) This paragraph applies to mobile workers who, in the course of that employment or work, 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) which are not vehicles exempted from the provisions of that Regulation under regulation 2 of the Community Drivers’ Hours and Recording Equipment (Exemptions and Supplementary Provisions) Regulations (Northern Ireland) 1987(3).”

(3) For regulation 15 substitute—

“15.— (1) This regulation applies to an individual who—

(a) for the purpose of a trade or business carried on by him, drives a vehicle described in paragraph (2) or (3) of regulation 3, and

(b) is neither—

(i) a self-employed driver, nor

(ii) an agency worker within the meaning of regulation 14.

(2) Where this regulation applies, these Regulations shall have effect as if—

(a) the individual were both a mobile worker and the employer of that mobile worker, and

(b) regulations 10, 11(a) and (e) and 12 were omitted.”

(4) In Schedule 2 paragraph 6 in sub-paragraphs (2) and (4) for the word “employment” substitute “industrial”.

(5) In Schedule 2 paragraph 6 after sub-paragraph (3) insert—

“(3A) In relation to relevant industrial tribunal proceedings, any reference to a provision of Article 26 of the Health and Safety at Work (Northern Ireland) Order 1978(4) in the rules of procedure governing industrial tribunals shall be construed as a reference to a provision of this paragraph.”.

(1)

S.R. 2005 No. 241

(2)

O.J. No. L102, 11.4.2006, p.1.

(3)

S.R. 1987 No. 218; regulation 4 was substituted by S.R. 1988 No. 297, regulation 2(1)

(4)

S.I. 1978/1039 (N.I. 9) Article 26 was amended by S.I. 1984/1159 (N.I. 9) Schedule 4; other relevant modifications to the Order where made by S.R. 2000 No. 87 regulation 2 and S.R. 2000 No. 120 regulation 19