Looking for some help Ladies and Gents, so here goes
Some days I drive a van and on the other days it will be a 7.5t, but the problem I’m having is the days that I drive the van do I come under a mobile worker its just if I do that means I can only work for 11hours or can I
I know the regs for driving with a tacho ie driving hours, breaks, wtd and the rest but its the days I’m in a van
we have log books we fill out each day mainly for when we are van driving to keep records but when I asked the question about the mobile worker hours for van driving I got the usual just make it up nobody will know, but I’m only interested in keeping my self right and don’t fancy coming up a cropper
I know what you mean drive.
Years ago we could only be EU or Domestic Rules in any week which caused agro when doing work for Royal Mail then supermarkets etc in the same working week. I’m sure the PO/RM now run under EU regs …
The WTD rules simply say WTD rules apply to
These rules apply to mobile workers - drivers and crew of heavy goods vehicles or public service vehicles subject to EC Regulation 561/2006.
smallsie:
Looking for some help Ladies and Gents, so here goes
Some days I drive a van and on the other days it will be a 7.5t, but the problem I’m having is the days that I drive the van do I come under a mobile worker its just if I do that means I can only work for 11hours or can I
I know the regs for driving with a tacho ie driving hours, breaks, wtd and the rest but its the days I’m in a van
we have log books we fill out each day mainly for when we are van driving to keep records but when I asked the question about the mobile worker hours for van driving I got the usual just make it up nobody will know, but I’m only interested in keeping my self right and don’t fancy coming up a cropper
As far as i understand it, if you use your tacho in a vehicle then for the rest (or whole) of that week you will be working under EU drivers regs (regarding rest periods) and will need to record as such, so a manual entry should be made for the van driving days ? Even if you are using a Logbook, as a logbook is not a way to manually records hours under the EU driving regs.
Your question…do i come under a mobile worker (when driving the van)? , then i would say …yes. I say that because i’m assuming you are going to be doing some EU regs stuff in the same week, that places an obligation on you to record all your hours as you’re in scope. And if you’re in scope then you’re a mobile worker.
What i’m not sure of is on the days you drive a van, then you should record all work you do as “other work”. Except for “driving”, not sure what you record that as, maybe actually “driving” ? But that would mean you could only…
Mike-C:
Your question…do i come under a mobile worker (when driving the van)? , then i would say …yes. I say that because i’m assuming you are going to be doing some EU regs stuff in the same week, that places an obligation on you to record all your hours as you’re in scope. And if you’re in scope then you’re a mobile worker.
See pages 45 46 and 47 of the link I posted and you will see that may not be a correct answer
smallsie:
Looking for some help Ladies and Gents, so here goes
Some days I drive a van and on the other days it will be a 7.5t, but the problem I’m having is the days that I drive the van do I come under a mobile worker its just if I do that means I can only work for 11hours or can I
I know the regs for driving with a tacho ie driving hours, breaks, wtd and the rest but its the days I’m in a van
we have log books we fill out each day mainly for when we are van driving to keep records but when I asked the question about the mobile worker hours for van driving I got the usual just make it up nobody will know, but I’m only interested in keeping my self right and don’t fancy coming up a cropper
You’re confusing being a mobile worker with the domestic regulations, for the regulations a mobile worker is someone who is part of a travelling team in-scope of EU regulations and therefore is not limited to 11 hours work per day, when you’re driving the van you’re not in-scope of EU regulations and therefore do not come in-scope of the regulations governing mobile workers ie, RT(WT)R 2005.
When you’re on domestic regulations you are restricted to 11 hours duty per day, however there are exemptions from this but without knowing what sort of work you do it’s not possible to know if you are exempted.
All work (including driving) done under domestic regulations is counted as other work for the EU regulations, if you’re using a UK domestic drivers log book when driving the van you don’t need to keep any other records for the van driving work.
The reality is that if you drive a small van you don’t legally need to keep records and therefore as long as you remain safe you can throw the rule book out of the window, everyone else does
You should however be sure that you have a daily rest period that complies with the EU regulations before and after driving shifts that are in-scope of EU regulations.
Duty: In the case of an employee driver, this means being on duty (whether driving or otherwise)
for anyone who employs him as a driver. This includes all periods of work and driving, but does not
include rest or breaks. Employers should also remember that they have additional obligations to
ensure that drivers receive adequate rest under health and safety legislation.
ROG:
A driver on domestic could do this for 22 hours … silly but legal …
1 hour duty
1 hour off
repeat
I’ve no idea why you’ve posted that but, whatever…
As far as what’s written in GV262 is concerned, it’s not the way I interpret the domestic regulations which is why I said I think breaks are included in duty time, but if that’s the way the DVSA choose to interpret it that’s fair enough.
ROG:
Where were you reading the domestic regs other than gv262?
Presumably the same place as whoever wrote GV262, the Transport Act 1968 and the 1986 modification order, that is after all where the domestic regulations are written
its just if I do that means I can only work for 11hours 
