Hauliers and other employers could face extra wage costs because of a decision by the European Court of Justice. The court has ruled that time taken by a driver to reach a commercial vehicle and start work is part of his working week. As with the case of the Spanish hospital doctor last year, where the court ruled time spent "on call" at the place of work was working time, this decision indicates the court is interpreting employees' rights very liberally.
In its latest judgment, the court excludes situations where the vehicle is at the driver's home or the employer's premises. Otherwise, it states that time spent by a driver going to a location to take charge of a vehicle fitted with a tachograph is liable to affect his or her state of fatigue and, hence, driving. In such cases, the driver must note on a record sheet the time taken to reach the commercial vehicle. The court was ruling on a case referred to it by the British courts in connection with the prosecution of a transport company. The European Court rejected arguments that drivers were free to make the journey in any way they chose and that this time was therefore a rest period. The court found this interpretation inadmissible. The court also found the hours requirement applied to transport services such as bus and coach services. For example, a schoolbus driver must note on a record sheet the time taken to travel from home to the bus before starting work.
The decision was welcomed by SIPTU national industrial secretary Mr Noel Dowling. "Had the case gone the other way, it would have extended the working day of drivers significantly and undone everything the Working Time Directive stood for," he said. Late last year, the Government decided the Working Time Directive should be extended to cover the transport sector.
The president of the Irish Road Hauliers' Association, Mr Gerry McMahon, said there were "grey areas about what is working time and rest time, and we have requested detailed documentation from the Department of Enterprise, Trade and Employment". He believed most Irish hauliers already had in place arrangements that comply with the European Court ruling. IBEC's assistant director of social policy, Ms Aileen O'Donoghue, said the Working Time Directive was an extremely complex piece of legislation that employers were required to spend "an inordinate amount of time" studying.
