Night Work Rules – HGV Drivers

Night work under the Working Time Directive is simple once you understand one rule:

If you work at any point between midnight and 04:00, your whole day is treated differently.

Most confusion comes from thinking the limit only applies inside the night window. It doesn’t.

The One Rule That Matters

If you do any Working Time between 00:00 and 04:00:

• Night work is triggered
• A 10-hour Working Time limit applies
• That limit covers the whole working day, not just the night hours
• It runs over a rolling 24-hour period

The Key Point Drivers Miss

Once you enter the night window, you don’t get 10 hours after that — you only get 10 hours in total for the whole 24-hour period.

This includes work done before you entered the window.

Simple Example

Shift example

• Start work at 18:00
• Work continues past midnight
• You do some work at 01:00

What happens

• You worked between 00:00–04:00
• Night work is triggered
• Now add up all Working Time from 18:00 onwards

Rule applied

• Total Working Time across that 24-hour period must not exceed 10 hours

It does not reset at midnight.

Another Example

• Start work at 02:00
• Continue working through the day

What happens

• You started inside the night window
• Night work is triggered immediately

Rule applied

• You are limited to 10 hours of Working Time total for that day (rolling 24 hours)

A 12-hour Working Time day would be an infringement unless a valid agreement applies.

Does Driving Matter?

No.

Night work is triggered by Working Time, not driving.

This includes:

• Driving
• Loading / unloading
• Vehicle checks
• Paperwork
• Warehouse or other paid work

Do Breaks or POA Help?

No.

• POA does not count as Working Time, but does not cancel night work once triggered
• Night work does not create any additional break requirement — normal WTD break rules still apply, but breaks do not increase the 10-hour night-work limit.

Example:

• You start work at 21:00
• You work past midnight → night work is triggered
• You work a total of 9 hours Working Time

What you must do:

• Take 45 minutes of breaks (normal WTD rule)

What you do not need to do:

• Take any extra “night-work break”
• Take breaks to extend the 10-hour limit (you can’t)

Second Jobs and Night Work

If you do any other paid work between 00:00 and 04:00:

• Night work is triggered
• All Working Time from all jobs is combined
• The same 10-hour limit applies

Changing employer does not reset anything.

Important Workplace Exception

The 10-hour limit is the default rule.

Some unionised workplaces operate under a valid collective or workforce agreement that varies the night work limit.

If such an agreement applies to you:

• The agreed limit applies instead
• It must be formal and documented
• It is operator-specific

If you are unsure — assume the 10-hour limit applies.

Company Use of the Term “Night Worker”

Some employers use the term “night worker” for internal purposes such as:

• Shift scheduling
• Pay rates or allowances
• Contractual job titles

This does not change how night work is defined under the Working Time Directive.

For WTD purposes:

• Night work is triggered only by Working Time between 00:00 and 04:00
• Company labels, rotas, or pay structures do not override the law

A driver may be classed as a “night worker” by their employer for pay or planning reasons, but not be carrying out WTD night work, and vice versa.

Always apply the legal definition when assessing compliance.

Final Takeaway

Night work is not about:

• Driving at night
• How tired you feel
• When the clock resets

It is about when Working Time happens.

If you enter the night window, plan the whole day conservatively.