HGV and van driver contracts: hours, overtime, deductions and overnight work

An HGV or van driver's contract needs more precision than a generic driving clause. Vehicle scope, route type and duties determine which drivers' hours and working-time rules apply. The contract should support safe scheduling while explaining pay, overtime, night work, expenses, vehicle checks and deductions in language the driver can use.

Define the role and applicable regime

Record the required licence category, Driver CPC or other qualifications, reporting line, base, route area and whether overnight or international travel is expected. Separate driving from loading, unloading, vehicle checks, cleaning, customer handovers, paperwork and warehouse work. A broad “all duties” clause should not hide material responsibilities.

The official DVSA guidance distinguishes assimilated, AETR and Great Britain domestic drivers' hours rules. The applicable regime depends on the vehicle and journey, and mixed work needs accurate records. Vans are not automatically outside regulation; vehicle construction, weight, use, towing and journey can matter. Identify the operational rules through a competent transport assessment rather than trying to reproduce every limit in the employment contract.

Require compliance with applicable driving, break, rest, tachograph and working-time duties, but also state that managers will plan lawful work. Drivers should report delays, fatigue, defects and incorrect instructions without pressure to exceed limits. A contractual instruction can never make an unlawful schedule safe.

Hours, records and rest

State guaranteed or normal hours, shift windows, rota process, notice and how working time is recorded. Explain which activities count as work and how periods of availability are handled under the relevant regime. Do not describe waiting time as an unpaid break merely because the vehicle is stationary.

Night work needs specific treatment. Define the contractual night window, any premium and the process for health assessments where applicable. Sector working-time rules may limit night work unless a relevant agreement changes the position; the general working-time opt-out is not a shortcut around drivers' hours or road-transport rules.

Tachograph and manual-entry duties should be explained in training and policy. State how cards, downloads and records are protected, who reviews infringements and how drivers can correct factual errors. Use telematics proportionately and tell staff what data is collected, why and for how long.

Overtime, premiums and variable demand

Define when overtime starts, whether it requires approval and whether it is paid at basic rate, a premium or with time off. Address nights, weekends, bank holidays and unsocial hours expressly. If salary is intended to cover a defined amount of additional work, state the amount and check that total pay remains compliant for every pay reference period.

Delays are normal in transport. Explain how traffic, loading queues, breakdowns and customer delays are recorded and paid. Do not make drivers absorb unavoidable work through inaccurate timesheets. Bonus schemes should not reward missed breaks, speeding or unsafe loading.

For overnight work, distinguish pay from reimbursement. Set rules for subsistence, hotels, parking, secure parking, receipts and company cards. Clarify whether a sleeper cab may be used only where lawful and suitable. Publish current allowance rates separately so the contract does not need amendment whenever policy changes.

Vehicle responsibilities and deductions

The contract and vehicle policy should cover pre-use checks, defect reporting, authorised use, fuel or charging, security, keys, loads, collisions, fines and return of property. Drivers must be able to stop and report an unsafe vehicle. Define investigation and escalation rather than assuming every defect or incident is misconduct.

Deductions from wages need a lawful basis and must be fair. A general clause should not permit automatic charges for damage, excess, fuel, equipment, fines or shortages. Identify the potential deduction, obtain the necessary contractual or written authority, investigate responsibility and tell the employee the amount and calculation. Consider minimum-wage consequences. Normal wear, an insured accident or an unproven allegation should not become an automatic payroll deduction.

Driver-contract checklist

• Confirm the vehicle, journey and hours regime through a competent assessment.
• Record base, mobility, routes, licences, qualifications and reporting obligations.
• Define normal hours, rota notice, breaks, overtime, nights and pay treatment.
• Explain tachograph, manual records, telematics and privacy.
• Cover loading, checks, customer work and other non-driving time.
• Set overnight travel, expenses, accommodation and parking rules.
• Use a detailed vehicle policy and a fair defect process.
• Review any deduction for authority, evidence and minimum-pay impact.
• Train planners as well as drivers and audit schedules against actual records.

Our broader logistics, warehouse and delivery guide covers scanning, warehouse safety and performance data. When the role design is settled, build a driver employment contract and review the generated terms against the applicable DVSA guidance.

This guide is general information, not transport, legal or tax advice. Obtain specialist advice for mixed regimes, international operations or disputed deductions.