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Short history of the Working Time Directive to January 2005

The Horizontal Amending Directive (Summary from consultation document)

1.4. When adopted in November 1993, the Working Time Directive (93/104/EC) excluded the air, rail, road, sea, inland waterway and lake transport, sea fishing, offshore work and the activities of doctors in training as it was decided that these sectors required individual specific legislation to accommodate working time measures. A further Directive covering these sectors, known as the Horizontal Amending Directive (HAD) (2000/34/EC), was adopted on 1 August 2000.

1.5. Three further sector specific Directives have also been adopted:

• The Road Transport Directive (RTD) which was formally adopted on 23 March 2002 makes provision in respect of breaks, rest periods and working timefor thosesubject to Council Regulation No. 3820/85 on the harmonisation of certain social legislation relating to road transport, otherwise known as “the European drivers’ hours regulations”. The RTD was implemented in April 2005.
• The Aviation Directive,  concluded by the Social Partners in the civil aviation sector, limits annual working time of mobile personnel (as defined inn the Directive) to 2000 hours, covers some elements of standby time and restricts flying time to 900 hours. The Directive also requires "appropriate" health and safety protection for all mobile personnel and contains provisions for a monthly and yearly number of rest days. Member States have until 1 December 2003 to implement the Directive. The Department for Transport will be consulting on its proposals to do this shortly.
• The Seafarers' Directive on the organisation of working time, concluded by the social partners, is based on the International Labour Organisation (ILO) Convention No. 180. The Directive provides for a maximum working week of 72 hours and 14 hours' rest in any 24 OR a minimum weekly rest requirement of 77 hours and 10 hours in any 24-hour period. It also provides for 4 weeks' paid annual leave and health assessments. The Department for Transport implemented this Directive through the Merchant Shipping ( Hours of Work) Regulations 2002 (SI 2002/2125) which came into effect on 7 September 2002.

1.6. The HAD extends the provisions of the Working Time Directive (WTD) to:

• all non-mobile workers in road, sea, and inland waterways transport and  seafishing;
• the activities of junior doctors;
• to those workers in aviation not covered by the Aviation Directive; and;
• to all workers in the rail and offshore sectors.

1.7. The HAD also provides more limited protection to mobile workers involved in the road transport sector:

• those not covered by the RTD will be entitled to an average 48-hour working week, 4 weeks' paid annual holiday, health assessments for night workers and provision for adequate rest.
• those subject to the RTD will be entitled to health assessments if a night worker and 4 weeks' paid annual leave.

1.8. This means that with very minor exceptions all workers (mobile and non-mobile) in all sectors will be covered either by the Working Time Directive, as amended by the Horizontal Amending Directive, or the sector specific directives.

1.9. Although most of the above will be implemented by amending the existing Working Time Regulations, some of the rights and protections conferred by the HAD will be implemented by amending the existing regulations that cover the different sectors. For example, the Department for Transport will be implementing the HAD in respect of sea fishermen, and mobile workers in inland waterways through amendments to the Merchant Shipping Act.

Specific sectors

The Road Transport Directive was implemented by the Department of Transport in April 2005. For further information please call the Vehicle and Operator Services Agency (VOSA) Tel: 0870 6060 440

The consultation document on the implementation of the Horizontal Amending Directive (HAD 2000/34/EC) is available (see External Links) and the Government response to the consultation is available (see Related Documents).