You’re Probably Breaking Working Time Rules — Essential Guide for UK Drivers and Operators

You’re Probably Breaking Working Time Rules

If you’re a driver or run a transport operation in the UK, you’ve probably heard about “working time rules” — but many don’t know exactly which ones apply or how they work. This guide explains everything UK drivers and commercial vehicle operators need to know about the Working Time Regulations 1998, Road Transport (Working Time) Regulations 2005, assimilated drivers’ hours rules, and AETR rules. Stay compliant, avoid fines, meet legal obligations, and keep your transport business running safely and efficiently with this essential working time rules guide.

The Two Sets of Working Time Rules You Need to Know

Here’s where a lot of confusion comes in: there are actually two different sets of working time rules, but for years, people in the transport industry casually called them both the “Working Time Directive,” which caused a lot of misunderstanding.

✅ Working Time Regulations 1998 (WTR) — Applies broadly across industries, setting general rules about working hours, rest periods, and annual leave for most UK workers, including some in the transport sector (but not mobile workers under transport-specific rules).

✅ Road Transport (Working Time) Regulations 2005 (RTWTR) — Specifically applies to mobile workers like drivers and crew in the road transport sector, setting limits on total working time (not just driving), break requirements, and night work limits.

Key difference? WTR is general employment law; RTWTR is a transport-specific framework adapting those rules for road transport. Importantly, there is no opt-out available under the RTWTR — the last opt-out closed in 2012. This means that any driver operating a vehicle in scope of the assimilated drivers’ hours rules or AETR is automatically covered by the RTWTR, regardless of their type of employment — whether full-time, part-time, agency, or self-employed.

Understanding both frameworks is crucial because drivers and operators often wrongly assume following one set of rules means they’re fully covered.

What Are the Basics You Must Follow?

Here’s a simplified checklist for drivers and operators:

• Maximum weekly working time (RTWTR) → You can work up to 60 hours in a week, but averaged over 17 or 26 weeks, you must not exceed 48 hours per week.
• Breaks (RTWTR) → Interrupt any 6-hour period of work with at least a 15-minute break. Over 6 hours total? Minimum 30-minute break. Over 9 hours? 45-minute minimum. (Separate from drivers’ hours driving breaks.)
• Night work (RTWTR) → Limited to 10 hours in any 24-hour period unless a collective agreement allows otherwise.
• Driving time (Assimilated Drivers’ Hours Rules / AETR) → Covers maximum daily and weekly driving times, daily/weekly rest, and tachograph use requirements.
• What counts as working time? → All work, including driving, loading, unloading, vehicle maintenance, and waiting (if you can’t freely use the time).
• Driver right to records → By law, if a driver requests their recorded working time, the employer must provide it.
• Driver duty to report → Drivers must inform their employer or agency about any working time done for another employer, so total hours are properly tracked.

Why Does This Matter?

Ignoring working time rules can:

• Lead to heavy fines, legal penalties, and loss of operator licences
• Cause driver fatigue, increasing the risk of road accidents
• Create unfair and illegal practices in the transport sector
• Damage company reputation, contracts, and compliance ratings

For Drivers and Operators

Here’s your ultimate quick-reference sheet.

✅ Know the rules: WTR, RTWTR, assimilated drivers’ hours, AETR — know which applies when.
✅ Remember no opt-out: RTWTR applies to all drivers, regardless of employment type.
✅ Record everything: Use tachographs, timesheets, and approved employer systems.
✅ Plan ahead: Schedule the required breaks, both working time and driving time.
✅ Check your records: You have the right to request your working time records from your employer.
✅ Report other jobs: Always tell your main employer about hours worked elsewhere.
✅ Operators: Monitor staff compliance over the 17- or 26-week reference period, and create legal, realistic schedules.

Final Takeaway

If you’re unsure which rules apply:

• General employment law? → Working Time Regulations 1998
• Road transport-specific working time? → Road Transport (Working Time) Regulations 2005 (with no opt-out available)
• Driving hours and rest periods? → Assimilated drivers’ hours rules / AETR (for international trips)

Need more help? Transcom National Training Drivers legal Requirement’s International CPC / Tachographs and fixed Penalty’s National CPC