Driver Registration Pack

Working Time Regulations 1998 (as amended)

On 1 August 2003 the EC Horizontal Working Time Directive extended the Working Time Regulations 1998 (as amended) to non-mobile and mobile workers in the Road Transport Sector (“WTR”). The WTR remains applicable for those workers in the Transport Sector that are not affected by the Road Transport (Working Time) Regulations 2005, namely Temporary Workers who are not subject to the ‘tachograph rules’. The WTR provides for annual paid holiday, night worker health assessments and a limit on the average working week of 48 hours over a 17-week reference period.

A temporary worker not governed by the Road Transport (Working Time) Regulations 2005 may, if they wish, agree with Siamo Recruitment to work over the maximum weekly limit. This must be in writing and on a voluntary basis.

Temporary workers can opt back into the limit set down by the WTR, subject to 3 months written notice.

Working Time Regulations 1998 (as amended) - Opt-Out (optional)

Transport Knowledge Test

Please select the answer by clicking on A,B,C or D

21. As a driver you should make several checks to your vehicle before driving it. List FOUR check you would make: *

Declarations and Driving Experience

Declarations

Driving Experience

Shift Pattern Preferences
(Preferred start time window i.e. 04:00-06:00): *

Temporary Drivers Working Time Declaration

Road Transport (Working Time) Regulations 2005 (“RTWT”)

The RTWT requires Siamo Recruitment to maintain records of the Working Time of mobile workers who are subject to EU drivers’ hours rules. Siamo Recruitment is obliged to ensure that the Working Time limits specified below are complied with. Below is a summary of the RTWT Regulations:

• Mobile drivers (such as LGV drivers) are subject to a maximum average Working Time of 48-hours per week over a reference period agreed with Siamo Recruitment.
• There is a maximum weekly limit of 60 hours Working Time.
• There is a maximum of 10 hours night work within each 24-hour period. This maximum has been extended with the workforce agreement.
• Rest Periods: Mobile workers must take the following breaks: 30 minutes after 6 hours Working Time and 45 minutes for over 9 hours Working Time. It is important to note that EU Drivers’ Hours, breaks and rest periods still apply.

Your responsibilities

It is your responsibility to inform Siamo Recruitment of all your Working Time during the reference periods we use and to keep Siamo Recruitment updated as to any additional Working Time you undertake for other employers or employment businesses.

It is also your responsibility to accurately record your Working Time during an assignment. Siamo Recruitment shall provide you with its timesheets which are required to be completed weekly. Should the timesheets not be completed accurately or returned to Siamo Recruitment on time, this may prevent your wages being paid on time.

You have a responsibility for complying with the regulations. If you knowingly break the regulations (e.g. neglect to inform Siamo Recruitment about other work, or knowingly make a false record), then you will be committing a criminal offence and may be subject to a fine on conviction of up to £5000. (Regulation 18 of the WTRT Regulations.)

How Siamo Recruitment calculates your average Working Time

Siamo Recruitment will calculate your Working Time using an extended fixed reference period, as set out in the workforce agreement.

DRIVER’S DECLARATION:

Workforce Agreement Definitions – PAYE Workers

• “the Company” means Siamo Recruitment
• “the Mobile Worker” means the temporary workers engaged on contracts of services by the Company
• “the Representatives” means the duly elected representatives of the group
• “the Regulations” means the Road Transport Working Time Regulations 2005

RECITALS

1. The Working Time Road Transport Regulations that came into force on 4 April 2005.
2. The Company and the Representatives of the workforce in a workforce agreement have agreed on behalf of the workforce to adopt the flexibility provided by the regulations in respect of the night-work limit and reference periods for calculating the 48 hour average working time.

PROVISIONS

1. Scope of agreement
   This agreement is made pursuant to Regulations 9(2) extend nightwork limit and 4(4) extend reference period to a maximum of 26 weeks and the use of the Fixed Reference Period.
2. Term of the agreement
   This agreement shall remain in force for a period of 5 years from ...............................
3. Operative Provision
   1. The parties acknowledge and agree that for reasons concerning the organisation of work they wish to extend the night working limits and reference period in line with clauses 3.2 and 3.3 below. The parties believe it is in the benefit and interests of both the Company and Mobile Workers to amend such provisions as set out herein below.
   2. Night work limit
      The worker will work beyond the 10 hour night work limit stated in the regulations but only to the extent where this would not be in breach of other provisions of the regulation or EU Drivers’ Hours Regulations 3820/85.
   3. Reference period
      1. For the purpose of calculation of the 48 hour average the first reference period shall be from .............................. Thereafter the reference period shall be extended to 26 week periods and will be calculated over successive 26 week periods set out below.
      2. The first day of the successive 26 week reference period will begin on Monday. The reference periods that will apply are ..............................
         This pattern of fixed calendar reference periods will continue until this agreement is terminated.
4. Avoidance of doubt
   For the avoidance of doubt the parties acknowledge and agree that save as specifically set out above the provisions of the regulations shall be of full force and effect.

FLEXIBILITY

1. Average Working Limit:
   
   1. A mobile worker subject to the ‘tachograph rules’ is limited to a Working Time average of 48 hours over a 17 week reference period. Regulation 4 (4) permits Siamo Recruitment to increase the reference period to 26 weeks and use a fixed reference period.
2. Night-time working
   
   1. A mobile worker subject to the ‘tachograph rules’ is limited to Working Time of 10 hours in any 24 hour period, if the working hours fall between 00:00 and 04:00. Regulations 9 (2) permits Siamo Recruitment to extend the night working beyond the 10 hours limit. However, the total number of hours night work performed safely is effectively restricted by the operation of the EU drivers’ hours rules.

Newly Joined Temporary Workers

You may wish to adopt the terms of the Workforce Agreement in order to make use of the flexibility of the Regulations, which benefit both you and Siamo Recruitment. The terms of the Workforce Agreement form an amendment to your contract for services.

Reference Policy and Pro-forma

Procedure

Siamo Recruitment will take references on all drivers – driver provides detail in bold
References must cover the last 2 years work history (or comply with client requirements). Where work references cannot be obtained to cover two years, a personal reference can be sought from an associate of the driver who is of professional standing. (Doctor, Lawyer, Accountant, Registered Company Director) However, personal referees can only account for six months of the two years and there must be a noted reason as to why a personal referee was sought and all questions with a (*) must be completed. Any gaps of 3 months not accounted for must be questioned and analysed with a final sign off by the Operations Director. Gaps of six months or more may require a criminal records check and all drivers at registration should sign this form to understand the information we require and to agree that a criminal records check may be taken within the next three months.

Verbal are more informative but should NEVER be accepted if we have been given a mobile number only.

Where a referee refuses to give a verbal reference, a written reference request document must be sent out (s/policy and procedures/driver related/references). This should be posted together with a self-addressed envelope.

Please complete details of your last or most recent employer as a reference:

Work Declaration – Other Work

Please fill out this form to provide details of any work undertaken, sign and submit to Siamo Recruitment office as soon as possible.

Please note that charitable work and work undertaken as a special constable, retained fire fighter or in the territorial army, together with any work undertaken for a non-road transport employer will not count towards working time calculations. However if you are engaged in any of these activities you still need to inform us as this may affect your rest requirements under EU drivers’ hours rules.

Worker Declaration

Option A - no other work

Option B - other work

Please provide basic details of any other employers:

Licence Check and Endorsements

We will check your driving licence every 3 months with the DVLA. By signing this document you agree to give your consent to carry out these checks. In addition, you will inform us immediately should you incur any endorsements. If you do happen to receive any penalty points / parking fines/ bus lane fines whilst on shift with Siamo Group, we reserve the right to deduct this from your salary.

Terms of Engagement for Limited Company Contractors

To view the Terms of Engagement for Limited Company Contractors document please click here

To set you up as a limited company, please ensure you send us the below;

• Certificate of incorporation
• Proof of your business bank account – This MUST display clearly, business name, account number and Sort code.
• Vat certificate (if applicable)

Driving for Siamo Group via own Limited Company

You currently supply your services to Siamo Group via your own limited company. A number of key elements appertaining to this relationship would have been discussed at the time of your registration and some are contained within our driver's handbook.

This correspondence re-confirms many of these provisions in one document. Importantly Siamo Group utilises driver services via a number of mechanisms and should you feel that running your own limited company is no longer your preferred option you should discuss this with your local consultant.

Drivers who operate their own company should ideally seek professional advice and no one at Siamo Group is qualified in this area.

Siamo Group does set criteria for any driver who establishes their own Limited Company. The criteria are;

1. The company must have a distinct business bank account. No payments will knowingly be made to personal bank accounts and the company registered office must not be a location that would suggest an MSC arrangement exists.
2. All payments to the company must go direct to the company bank account and not through a third party. Non VAT registered company's must complete a self billing agreement.
3. The company must not have registered directors that are registered directors of other companies.
4. That the company financial matters and professional arrangements are administered by a professional company whose primary business is not the management of limited companies, especially for drivers. The company must have public liability insurance.

Questions and Answers for drivers supplying services via own limited company.

Do I have to do the work myself?
No, should you accept an assignment from ourselves, and then be unable to fulfil the obligation, you can substitute yourself with another driver providing that driver is registered with Siamo Group, they have undertaken a client assessment, they are not already on assignment with us, and providing we are notified at least 2 hours before the assignments planned commencement.

Do I have to work a set number of hours if I provide my services to Siamo Group via my own company?
No, indeed no obligation exists on either party to provide or accept a minimum number of assignments.

Can I provide my services to other agencies and clients?
Yes. On behalf of our clients we do monitor working time compliance and so this 'other' work should be confirmed to us on a weekly basis.

Can payments be withheld from me for any reason?
There have been some occasions when we have withheld payments to drivers on assignment via their own limited company. Company invoices have been rejected if the driver has committed an act of gross negligence resulting in injury to others or for incidents of harassment to members of the public or workers on client sites.