The number of loosely regulated freelance truckers using UK roads is set to swell, following next month's introduction of new rules to limit working hours.
Many hauliers will be obliged to use self-employed drivers - exempt from the regulations until 2009 - in order to meet their contractual obligations once the changes come into force next month, employment law specialist, Ranjit Dhindsa has warned.
The controversial Road Transport (Working Time) Regulations limit the hours of payroll drivers to an average of 48, with a maximum of 60 in any given week, pushing up costs for employers, said Ms Dhindsa, who heads the employment law department in the Midland office of law firm Reed Smith.
The tough, new limit is being imposed in response to Government concerns about the human and financial cost of road accidents, and the health and safety of drivers.
But it is raising concerns among employers and trade unions alike, said Ms Dhindsa.
Hauliers fear the regulations will make it harder to attract drivers to an industry where there are already serious manning shortages.
The inflexible new rules are scheduled to be implemented on March 23 this year, but large numbers of haulage firms are far from ready, the Coventry-based lawyer warned.
She claims many people in the industry blame the Government's lack of urgency over the past three years for the risk of chaos.
"They only ended the consultation process in December, and have still not finalised the regulations, despite the looming deadline," she said.
The regulations impose strict limits on working hours for truckers and other mobile workers, although concessions are made for night workers, who can work ten hours out of 24 - and even longer by agreement.
For the time being, however, self-employed drivers will not be included in the new regulations until 2009.
This loophole may well change the face of the haulage industry, Ms Dhindsa believes. Yet some Midland firms have already taken measures to minimise the regulation's impact on their businesses.
Under managing director, Celia Adams, Martley-based TM Logistics has already rolled out a special roadshow for its customers - warning the impact of the new legislation will be huge.
TM Logistics contract manager, Adam Purshall, said the biggest issue will be increased transport costs with drivers being forced to work fewer hours.
He is now set to speak about the impact of the directive at the Fifth Annual Motor Transport Working Time Directive Conference held this Wednesday at Villa Park.
"The new laws will affect us all, and ultimately it will be the end user that pays," he said. "That's why we are acting early by spending time with our customers, examining how it will affect their individual operations and working up plans with them in readiness."
