The rules I used are from VOSA, they are the ones who interpret the rules for the UK. It wouldn’t matter about any other interpretation as if I was abroad, it would mean a night out anyway, to which a nine hour is not an issue.
If a boss thinks he can decide 4 -5 hours sleep is enough for you between two shifts and you are to scared to object, good luck to you. If he decided to give your Mrs one as well, you’d probably iron his keks while he did it.
DoYouMeanMe?:
The rules I used are from VOSA, they are the ones who interpret the rules for the UK. It wouldn’t matter about any other interpretation as if I was abroad, it would mean a night out anyway, to which a nine hour is not an issue.
If a boss thinks he can decide 4 -5 hours sleep is enough for you between two shifts and you are to scared to object, good luck to you. If he decided to give your Mrs one as well, you’d probably iron his keks while he did it.
Right there on page 2 you’ll find the disclaimer that clearly states that the booklet is a guide only and should not be regarded as a statement of law.
I think you’re placing to much emphasis on the wording “A driver may reduce his daily rest period” in the booklet, if you think about it no-one else can actually reduce your daily rest because you’re the one in the vehicle with the driver card, but that doesn’t mean the office bods can’t plan a reduced daily rest for you.
Given that you’re the one driving the vehicle you could of course ignore the schedule that’s been planned for you, just like you could ignore everything else the boss tells you, so yes in that way it is your choice, just like it’s your employers choice to start a disciplinary procedure for repeatedly disrupting the schedule that’s been planned 
Disclaimer
This publication gives general guidance only and should not be regarded as a complete or authoritative statement of the law. The guidance will be updated to reflect any developments in new legislation or case law.
DoYouMeanMe?:
The rules I used are from VOSA, they are the ones who interpret the rules for the UK.
No they don’t, the courts do. And the document the courts would use as reference is EC561/2006, not VOSA’s guide which clearly states in it that it is merely a guide and not a definitive interpretation of the law.
Hope this helps,
Paul
It depends whether your operator is a ■■■■ or not. If he is, he will order you. Quite legal but not a very good way to form a good working relationship. I get on fine with my oppos. General rule for me is 13hrs 1min duty and I’ll take 9 off if the job warrants it. Anything less than 13 and it will be a minimum 11 off. My oppos are alright with that as they understand we are all trying to earn, and tossing away a 15 hrs spread because you reduced on 12 hrs, don’t make for a happy driver
DoYouMeanMe?:
The rules clearly state it is down to the driver.
If it said ’ The rest may be reduced’ or ‘The company may reduce your daily rest’ that would be different. It doesn’t, people are assuming what it means instead of doing what a certain person on here normally insists on saying, READ WHAT IT ACTUALLY SAYS!
But your reading a guidebook not the actual statute
repton:
DoYouMeanMe?:
The rules I used are from VOSA, they are the ones who interpret the rules for the UK.No they don’t, the courts do. And the document the courts would use as reference is EC561/2006, not VOSA’s guide which clearly states in it that it is merely a guide and not a definitive interpretation of the law.
Hope this helps,
Paul
Spot on
podgerjones:
hii am currently working for a large (to remain unnamed) logistics company. lately they have started to get silly about start times and critically: who decides how much daily break you are to have? they tell me that they decide whether i have an 11 or a 9 hour break. I’m sure its up to me as the driver, just need something concrete to take to the boss. also, they are now saying that if we have two breaks during a day, unless we use our 10th hour, they will deduct that time from hours worked! anyone got any advice?
ours just say there not reducing as there tired and want 9 hrs off,if the company insist they just say put it in writing that your telling me to drive even though im telling you im knackered,need 11 hrs off,they wont,all they do is get a spare,casual,agency driver to do it,i know plenty who have never reduced,worked o/t etc,etc,there still all employed,never get a word said to them,.
Some jobs need to be planned that way, for instance a 10 hour drive from the boat on Thursday, 9 hours off followed by 5 hours drive to the customer. The choice is that you are week ended in Barcelona or you get loaded again on a Friday. Yes you are still week ended but you are coming back on the ferry from Spain so those two hours are critical.
One thing about 561/2006, is that is very flexible for both planner and driver.
So if a trailer has to be in Dundee before 2pm, the planner may require the driver to reduce his daily rest, that is why the rules allow it, and not the guide book.
Wheel Nut.
I don’t have an issue with 9hrs rest, but will not do it at home, under orders. I’m usually sitting watching the clock ticking round to go-time on a N/O anyway but if the rules are ‘supposed’ to be about safety, it’s a joke if people are allowed to order people to drive again after a 9hr rest at home. That nine hrs could easily consist of 30 mins explaining x y and z to the office bods, 1 hr drive home, 30 mins with the kids, dinner etc 1 hr, shower cuppa 1 hr, bed. Six hours left now, so 30 mins to wake up and get a cuppa and crap, 1 hr to get back to truck so better set the alarm for 2 hrs before drive time. 4 hrs kip if you can get to sleep on demand. Not enough!
I hope some TM who insists on it gets the same jail term as the driver who has the accident he causes.
DoYouMeanMe?:
Wheel Nut.I don’t have an issue with 9hrs rest, but will not do it at home, under orders. I’m usually sitting watching the clock ticking round to go-time on a N/O anyway but if the rules are ‘supposed’ to be about safety, it’s a joke if people are allowed to order people to drive again after a 9hr rest at home. That nine hrs could easily consist of 30 mins explaining x y and z to the office bods, 1 hr drive home, 30 mins with the kids, dinner etc 1 hr, shower cuppa 1 hr, bed. Six hours left now, so 30 mins to wake up and get a cuppa and crap, 1 hr to get back to truck so better set the alarm for 2 hrs before drive time. 4 hrs kip if you can get to sleep on demand. Not enough!
I hope some TM who insists on it gets the same jail term as the driver who has the accident he causes.
OK, but it isn’t the companies fault if you live an hour away from the place you work, neither is it part of your rest period while you stand arguing or explaining x, y and z at the window for half an hour.
podgerjones:
hii am currently working for a large (to remain unnamed) logistics company. lately they have started to get silly about start times and critically: who decides how much daily break you are to have? they tell me that they decide whether i have an 11 or a 9 hour break. I’m sure its up to me as the driver, just need something concrete to take to the boss.
As per the other replies, its up to your employer to schedule your work within the law. If you feel its to much ie. booking off at 9pm and having a half hour drive home onky to have to get up at 5am for a 6am start its important that you put this in writing to them and tell theem you are not happy with it. Recorded delivery. ‘voice your concerns’
of shortened rests in the same letter, i reckon that should curtail any demands from them.
podgerjones:
also, they are now saying that if we have two breaks during a day, unless we use our 10th hour, they will deduct that time from hours worked! anyone got any advice?
Use POA. Only use break when you are legally compelled to.
DoYouMeanMe?:
That nine hrs could easily consist of 30 mins explaining x y and z to the office bods
That bit is other work, not rest, your 9h doesn’t start until you have actually finished work, not when you take your card out.
Paul
I think the rates nowadays are so low, transporters are having to double man trucks and not allow nights out, i.e run them 24/7 if you just tramped all week sleeping in the trucks the rest/break periods would not cause a problem, well not until Friday night of course
Sounds like this is a company that also expects you to have the tacho on break while you have to stand in one of those RDC “drivers’ rest rooms” that only have 8 seats.
cav551:
Sounds like this is a company that also expects you to have the tacho on break while you have to stand in one of those RDC “drivers’ rest rooms” that only have 8 seats.
Sainsburys at Emersons Green only has 4 and sometimes an employee could be sat on one having a coffee or doing paperwork.