Contract Of Employment Driver Template for England and Wales

A Contract of Employment Driver is a specialized employment agreement that establishes the legal relationship between an employer and a professional driver in England and Wales. This document goes beyond standard employment contracts by incorporating specific transport sector requirements, including compliance with drivers' hours regulations, tachograph rules, and road safety legislation under the Transport Act 1968 and Road Transport (Working Time) Regulations 2005.

When do you need this document?

You need this contract when hiring any professional driver, whether for HGV operations, passenger transport, delivery services, or specialized vehicle operations. It's essential for logistics companies employing long-distance drivers, bus operators hiring professional drivers, courier services recruiting delivery drivers, and construction companies employing site vehicle operators. The contract is particularly crucial when drivers will operate vehicles requiring specific licensing, work across multiple locations, or handle valuable cargo requiring enhanced security measures.

Key legal considerations

The contract must address specific driver-related obligations including valid driving license maintenance, medical fitness requirements, and compliance with DVSA regulations. Working time provisions are critical, covering maximum driving hours, mandatory rest periods, and tachograph record keeping under EU and UK drivers' hours rules. You must include clear disciplinary procedures for traffic violations, accident reporting requirements, and vehicle maintenance responsibilities. The contract should specify liability for fines, insurance requirements, and procedures for license suspension or medical disqualification. Include provisions for CPC training requirements, drug and alcohol policies, and security clearance where applicable.

Legal requirements in England and Wales

Under the Employment Rights Act 1996, you must provide written terms within two months of employment start, including specific details about working location, which is particularly important for drivers covering multiple routes. The Working Time Regulations 1998 apply alongside specialized Road Transport (Working Time) Regulations 2005, which set stricter limits for mobile workers including maximum 60-hour working weeks and specific break requirements. You must comply with Transport Act 1968 provisions regarding drivers' hours record keeping and ensure adherence to Health and Safety at Work Act 1974 requirements for vehicle safety and risk assessments. The contract must address holiday entitlement calculations for irregular working patterns, sick pay provisions during medical disqualification periods, and notice period requirements that account for operational continuity needs.