The Road Transport (Working Time) Regulations 2005

Night workE+W+S

This section has no associated Explanatory Memorandum

9.—(1) The working time of a mobile worker [F1or self-employed driver], who performs night work in any period of 24 hours, shall not exceed 10 hours during that period.

(2) The period of 10 hours 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.

[F2(2A) A self-employed driver may elect to extend the period of 10 hours for objective or technical reasons or reasons concerning the organisation of work.]

(3) Compensation for night work shall not be given to a mobile worker [F3or to a self-employed driver] in any manner which is liable to endanger road safety.

(4) An employer shall take all reasonable steps in keeping with the need to protect the health and safety of mobile workers to ensure that the limit specified in paragraph (1), or extended in accordance with paragraph (2), is complied with in the case of each mobile worker employed by him.

[F4(5) A self-employed driver must take all reasonable steps, in keeping with the need to protect his health and safety, to ensure that the limit specified in paragraph (1), or extended in accordance with paragraph (2A), is complied with.]