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MOBILE WORKER DECLARATION: WORK YOU DO FOR ANYBODY ELSE

Signed by every driver, and again each reference period · Road Transport (Working Time) Regulations 2005, regulations 4, 7, 9 and 11

This is not paperwork for its own sake. The weekly limit on a driver's working time covers every hour driven for anybody, not just the hours driven for us. Neither of us can work out where you stand without knowing about the rest, and the one who gets prosecuted for the average being wrong is not only you.

1. The limits this is about

• 48 hours a week on average, across the whole reference period rather than week by week. A heavy week is not a breach on its own.
• 60 hours in any single week, absolutely. This one does not average out. Sixty is the ceiling in any one week however quiet the others were.
• 10 hours in any 24 if any of your work falls at night. Night is midnight to 4am on goods vehicles, and 1am to 5am on passenger vehicles.
• A break before six hours are up. Thirty minutes between six and nine hours of working time, forty five minutes above nine. The drivers' hours breaks still apply on top and are a different thing.

And the part almost nobody is told. The general 48 hour week under the Working Time Regulations 1998 can be opted out of by signing a form. This one cannot. There is no individual opt-out from the average for a mobile worker under the Road Transport Regulations, so anybody offering you one to sign has either misunderstood or is hoping you have.

2. The reference periods we use

Three a year, starting on the nearest Monday on or after 1 January, 1 May and 1 September. Two of seventeen weeks and one of eighteen, so the year is covered with no gap and no overlap.

These dates are worked out by the software from the calendar, not typed in, so they cannot be a year out of date. They are published openly and there is no password on them, because a document a driver needs in order to stay legal should not be behind one.

3. Your declaration

Name: _______________________________________________    Driving licence number: ____________________
Reference period this covers: ______________________________________

Tick one:

☐   I do no other work as a mobile worker for anybody else.
☐   I do other work as a mobile worker. The details are below.

I will tell HIRINGUK LTD as soon as this changes, and not at the end of the reference period.

Signed: ______________________________________    Date: ______________

4. What we do with it, and what we will not do

• We add your hours together and watch the average. If you are heading towards the limit we tell you before you reach it, not after. A driver finding out from an audit is our failure, not theirs.
• We do not tell your other employer anything. This is for the arithmetic and nothing else.
• We will never ask you to record work as a period of availability. Availability is time you knew about in advance and could use as your own. Waiting to be loaded when nobody told you it was coming is work, and calling it anything else is how an average gets made to look legal.
• We will not offer you an opt-out for this limit, because there is not one to offer.
• Telling us will not cost you shifts. If it ever appears to, say so, because that would be a far more serious matter than the hours.

Kept for two years from the end of the reference period, which is regulation 11. Then destroyed. The full driver's side of this is published at www.hiringuk.co.uk/drivers-working-time.

HIRINGUK LTD, company number 17414012. Mobile worker declaration: work you do for anybody else, version 1.0. Reviewed at least once a year and whenever the law changes. © HIRINGUK LTD. This document is issued under Road Transport (Working Time) Regulations 2005, regulations 4, 7, 9 and 11.

Print this document Key information document, PAYE Terms of engagement, temporary worker Terms of business with the client Assignment confirmation Weekly timesheet, driving Holiday: how it builds up, how it is paid, how to book it Appropriate policy document: health and criminal record data Candidate registration and consent Reference request Sickness self certification Driver infringements, and how we handle them Legitimate interests assessment Worker handbook