Under the Road Transport (Working Time) Regulations, which reference period should an employer use when calculating working time?
A The employer must agree in advance which method will be used for calculating and monitoring working time. Where this is not possible, the standard default reference periods will apply. Many employers will choose to use the 17-week rolling reference period as already used under the Working Time Regulations 1998 (WTR). Some employers, however, may prefer to use an agreed fixed reference period up to a maximum of 26 weeks. This can provide added flexibility and may be easier to monitor and enforce. Employers wishing to use individual agreements to determine reference periods in advance, where there are part-time workers for example, should bear in mind that the maximum length of a reference period permitted under these arrangements is 18 weeks. It is possible to use different reference periods for different groups of workers as long as they are aware of the method being used. It is also possible to change the method, although again this would need to be in agreement with the workers, an
