`self-employed driver` means any person whose main activity is to transport persons or goods by road within the meaning of Community law, using a Community licence or any other professional permit to carry out such transport; who has the right to work himself and who is not bound by a contract of employment or other type of hierarchical relationship to an employer who is free to organise the corresponding work activities, whose income depends directly on the profits made and who is free to establish commercial relations with several customers, individually or through cooperation between self-employed drivers (Regulation No 2 of SI 2005/639). DVSA applies the provisions of the 2005 regulations and imposes health checks for night workers (in accordance with the 1998 rules). . . .