Our ref: HSR/2/4
Head Office Circular: NP/75/24
22nd March 2024
To: The Secretary
ALL BRANCHES
REGIONAL COUNCILS
Dear Colleague,
BUS DRIVERS’ WORKING HOURS - CLARIFICATION
Referring to circular NP/62/24, dated 8th March 2024, I would like to provide the following clarification:
The vast majority of local bus service drivers operate under the GB domestic Code as a result of being exempt from the EU driver hours rules and record keeping obligations by virtue of Article 3 paragraph (a) of 561/2006, which is now ‘retained’ UK law.
If a driver only drives under the GB domestic code (as the vast majority of local bus service drivers do) they are also exempt from the Road Transport Working Time Regulations, which prohibit drivers who drive under the EU rules from optout of the 48-hour average working week.
Given that they are exempt from the Road Transport Working Time Regulations, they are regulated under the special rules for mobile workers under the Working Time Regulations 1998 as amended. Under these rules they are entitled to opt out of the 48-hour average working week in the same way that most non-mobile workers can.
However, RMT strongly urges members NOT to opt out of the 48-hour working week.
Please find official government guidance here
Please also see simplified guidance on European Union (EU) rules on drivers' hours and working time here.
Please bring this circular to the attention of all relevant members.
Yours sincerely
Michael Lynch
General Secretary