hey guys im new to all this and thought i’d ask a couple of questions that are puzzling me.
right under eu laws i can do 3 reduced rests in a week ie not had 11 hours rest in 24 hours. question is who decides if i have a reduced rest as i always thought it was the driver and porter who decided if they wanted to reduce their rest but my boss says it’s the companies decision.
second question under british domestic you can only drive for 10 hours and do an 11 hour duty. but i have been told by my legal and compliance trainer and my boss that if i only drive for 3 hours 59 mins then let my porter drive and he stays below 4 hours of driving that we can work over the 11 hours duty even if we do go outside of a 50km radius of are base
most things for driving im up on and taking my international cpc soon but must admit there is still the occassional things that stump me lol
any advice most welcome
The second part re domestic hours is correct, if you do less than 4 hrs driving you’re exempt on the duty time but if you do more than 4 hrs on one day then the duty limit applies for every day that week.
akamarc:
hey guys im new to all this and thought i’d ask a couple of questions that are puzzling me.
right under eu laws i can do 3 reduced rests in a week ie not had 11 hours rest in 24 hours. question is who decides if i have a reduced rest as i always thought it was the driver and porter who decided if they wanted to reduce their rest but my boss says it’s the companies decision.
second question under british domestic you can only drive for 10 hours and do an 11 hour duty. but i have been told by my legal and compliance trainer and my boss that if i only drive for 3 hours 59 mins then let my porter drive and he stays below 4 hours of driving that we can work over the 11 hours duty even if we do go outside of a 50km radius of are base
most things for driving im up on and taking my international cpc soon but must admit there is still the occassional things that stump me lol
any advice most welcome
The rest period can be reduced by the driver or the transport planner, boss whoever. Obviously if you say you are too tired to drive you have the final say, at least until the boss decides you are not up to the job.
As for the domestic rules he is quite correct as the rules say this;
The rules do not apply to drivers who always drive off the public road, eg driving as part of work in road improvements or road maintenance, quarrying, construction work and civil engineering works.
In addition, a driver who drives for fewer than four hours in any day in any fixed week does not have to meet the drivers’ hours requirement during that week. A fixed week is from 24.00 on Sunday to 24.00 on the next Sunday.
but on the domestic side of it im a hgv driver all week hence i drive more than the 4 hours every day except on the odd day im put in the van.
and reduced rest side im asking due to we our salaried for 4 12 hour days but we all have to use our 3 reduced rest periods and we all starting to get a bit annoyed with the free hours work we’re giving. plus they tried to sack the last porter who refused to reduce his rest as he had commitments and lectured a driver who had done 15 hours on the tuesday and wednesday and said he was to tired to do more than 13 on the thursday. but by the way you guys have said it the boss or planner decides if your reducing that day which makes the law an arse lol same anagram of my company goes for that can not win lol
akamarc:
but on the domestic side of it im a hgv driver all week hence i drive more than the 4 hours every day except on the odd day im put in the van.
and reduced rest side im asking due to we our salaried for 4 12 hour days but we all have to use our 3 reduced rest periods and we all starting to get a bit annoyed with the free hours work we’re giving. plus they tried to sack the last porter who refused to reduce his rest as he had commitments and lectured a driver who had done 15 hours on the tuesday and wednesday and said he was to tired to do more than 13 on the thursday. but by the way you guys have said it the boss or planner decides if your reducing that day which makes the law an arse lol same anagram of my company goes for that can not win lol
Don’t shoot the messengers
If you drive over 4 hours per day or more then you are bound by these rules.
There are two key requirements for drivers to meet GB domestic rules:
Daily driving limit - a driver must not drive for more than ten hours in a day. The daily driving limit applies to time spent at the wheel actually driving on a public road. Off-road driving counts as duty time.
Daily duty limit - a driver must not be on duty for more that 11 hours on any working day. A driver is exempt from the daily duty limit on any working day when they do not drive.
I think when you are mixing domestic and 561/2006 rules it is more difficult to keep track.
One question though?
Did the ARSE company change your employment contract after you signed it?
no they didnt change it but did phrase it as an average of 48 hours but didnt mention they was gonna take breaks out of the time plus have you sit in porters seat some days so they could class that as poa meaning they can make your total hours look like 48 although in reality you’d actually be at work for an average of 55+ hours time to find a new job me thinks that pays by the hour lol
akamarc:
hey guys im new to all this and thought i’d ask a couple of questions that are puzzling me.
right under eu laws i can do 3 reduced rests in a week ie not had 11 hours rest in 24 hours. question is who decides if i have a reduced rest as i always thought it was the driver and porter who decided if they wanted to reduce their rest but my boss says it’s the companies decision.
akamarc:
hey guys im new to all this and thought i’d ask a couple of questions that are puzzling me.
right under eu laws i can do 3 reduced rests in a week ie not had 11 hours rest in 24 hours. question is who decides if i have a reduced rest as i always thought it was the driver and porter who decided if they wanted to reduce their rest but my boss says it’s the companies decision.
akamarc:
hey guys im new to all this and thought i’d ask a couple of questions that are puzzling me.
right under eu laws i can do 3 reduced rests in a week ie not had 11 hours rest in 24 hours. question is who decides if i have a reduced rest as i always thought it was the driver and porter who decided if they wanted to reduce their rest but my boss says it’s the companies decision.
It is the drivers decision, not the companies.
While the driver will always have the final say from an H&S aspect, as long as they are prepared to maybe lose their job for being unsuitable for it, there is nothing in the tacho regulations which defines who has the right. A company only has to schedule the work so it can be completed within the confines of the regulations and if a driver has a reduced rest available then the company are perfectly entitled to utilise that rest in their planning.
This whole thing about only the driver has the right to decide to use a reduced rest is just another of those driver’s myths.
akamarc:
hey guys im new to all this and thought i’d ask a couple of questions that are puzzling me.
right under eu laws i can do 3 reduced rests in a week…
Three times between weekly rest periods, if you have a weekly rest midweek you can do more than 3 in the fixed week, you could do 6 in fact quite legally.
akamarc:
hey guys im new to all this and thought i’d ask a couple of questions that are puzzling me.
right under eu laws i can do 3 reduced rests in a week…
Three times between weekly rest periods, if you have a weekly rest midweek you can do more than 3 in the fixed week, you could do 6 in fact quite legally.
He works 4 shifts and goes home. I would be on reduced rests all week Job and Knock £££
time to find a new job me thinks that pays by the hour lol