stevieboy308:
So you’re a bus driver, in that case the GB domestic rules are different to that of goods vehicles, but I’d still say what I’ve said would stand to the reason why
yes indeed a bus driver. The lockdowns didn’t help to progress way from Public Transport. As you know.all non-tacho drivers are GB rules,taxi drivers,couriers etc
stevieboy308:
Zac_A:
stevieboy308:
There’s no weekly rest requirements on GB domestic,Except that Domestic Driving rules are not exempt from WTD, which allow for a 24 hour weekly rest period and which an employee can claim against the company for at a tribunal
An employee can make a claim to an employment tribunal if their employer has not followed the law on any of the following:
rest breaks during the working day of at least 20 minutes, if the employee is expected to work more than 6 hours during the day
daily rest of 11 hours between working days
weekly rest of 24 hours any 7-day period, or 48 hours in a 14-day periodacas.org.uk/working-time-ru … y%20period
Jobs which might be exempt from the 60 limit are also listed by ACAS, and unless OP is in a job that fits one of the exemptions he’s still under the 60 hours limit
acas.org.uk/working-time-ru … 2DemployedHaving said that, I can’t emphasise enough that I personally don’t care if people want to selectively misinterpret the rules and take chances with DVSA, while running themselves ragged.
Except only four provisions of the WTD apply to drivers under GB domestic
The 48 hour week, but it can be individually opted out of
5.6 weeks holiday
Health checks for night workers
The right to adequate rest
Close, but not quite, the four provisions are:
stevieboy308:
So like I said, there’s no weekly rest requirements for GB domestic, and I can’t emphasise enough that you’ve failed to prove me wrong
I’m not remotely interested in “trying to prove you wrong”, although the information I’ve already provided does that adequately if you have the wherewithall to understand it:
(i) GB Domestic Hours does not explicity state the weekly rest requirement,
(ii) but they do not need to, as GB Domestic Driving is not exempt from WTD;
(iii) Ergo, WTD requirements apply, and WTD provides for weekly rest.
See the ACAS link on the work that is exempt, and note that GB Domestic Driving is not on that list.
In the near future there will be a TCs Written Decision available for company running a fleet of both vans and HGVs, and which had failed to keep adequate records of their 3.5T drivers working time. So DVSA investigated the hours the drivers were being paid for, which were in excess of 60 hours.
For this, and a number of other issues, the company was severely penalised. Their TM had their Good Repute “tarnished” for not being on top of these issues. When that is published I’ll link it here, doubtless it won’t suit you to read that, so you can ignore that piece of evidence too.
Nobody has mentioned the fact yet, that if you usualy work GB rules, but do one shift under EU rules, you must work under EU rules for the remainder of that week, until a weekly rest (not a daily rest) resets your clock. So unless the OP has a weekly rest period after his assesment, he cant return to work under GB rules at his regularwork, until he does. That may be why his supervisor says he’s likely to get an infringement.
Zac_A:
stevieboy308:
Zac_A:
stevieboy308:
There’s no weekly rest requirements on GB domestic,Except that Domestic Driving rules are not exempt from WTD, which allow for a 24 hour weekly rest period and which an employee can claim against the company for at a tribunal
An employee can make a claim to an employment tribunal if their employer has not followed the law on any of the following:
rest breaks during the working day of at least 20 minutes, if the employee is expected to work more than 6 hours during the day
daily rest of 11 hours between working days
weekly rest of 24 hours any 7-day period, or 48 hours in a 14-day periodacas.org.uk/working-time-ru … y%20period
Jobs which might be exempt from the 60 limit are also listed by ACAS, and unless OP is in a job that fits one of the exemptions he’s still under the 60 hours limit
acas.org.uk/working-time-ru … 2DemployedHaving said that, I can’t emphasise enough that I personally don’t care if people want to selectively misinterpret the rules and take chances with DVSA, while running themselves ragged.
Except only four provisions of the WTD apply to drivers under GB domestic
The 48 hour week, but it can be individually opted out of
5.6 weeks holiday
Health checks for night workers
The right to adequate rest
Close, but not quite, the four provisions are:
- 28 days paid holidays,
- a right to 20 minute paid breaks for each 6 hours worked,
- the right to limit the working week to 48 hours.
- the right to weekly rest of at least one full 24 hour period
stevieboy308:
So like I said, there’s no weekly rest requirements for GB domestic, and I can’t emphasise enough that you’ve failed to prove me wrongI’m not remotely interested in “trying to prove you wrong”, although the information I’ve already provided does that adequately if you have the wherewithall to understand it:
(i) GB Domestic Hours does not explicity state the weekly rest requirement,
(ii) but they do not need to, as GB Domestic Driving is not exempt from WTD;
(iii) Ergo, WTD requirements apply, and WTD provides for weekly rest.See the ACAS link on the work that is exempt, and note that GB Domestic Driving is not on that list.
In the near future there will be a TCs Written Decision available for company running a fleet of both vans and HGVs, and which had failed to keep adequate records of their 3.5T drivers working time. So DVSA investigated the hours the drivers were being paid for, which were in excess of 60 hours.
For this, and a number of other issues, the company was severely penalised. Their TM had their Good Repute “tarnished” for not being on top of these issues. When that is published I’ll link it here, doubtless it won’t suit you to read that, so you can ignore that piece of evidence too.
So close it’s bang on
Once again there are no weekly rest requirements under the GB domestic rules for goods vehicles or the parts of the WTD that applies
Are you a dcpc provider?
From your link, which begs the question, why are you referring to it when it says it’s not applicable?
I also see in your 4 provisions that are clearly incorrect according to the DVSA website which your acas link says that we need to refer to, you don’t include the 60 hour limit that you’ve previously mentioned, had you already realised that that was incorrect?
Unless it’s in your contract and i am not sure if that could be legal you only need to download every 4 weeks,
Mm, so the chief protagonist of mumbojumbo appears to have been silenced??
the nodding donkey:
Nobody has mentioned the fact yet, that if you usualy work GB rules, but do one shift under EU rules, you must work under EU rules for the remainder of that week, until a weekly rest (not a daily rest) resets your clock. So unless the OP has a weekly rest period after his assesment, he cant return to work under GB rules at his regularwork, until he does. That may be why his supervisor says he’s likely to get an infringement.
Because it’s not a fact!!
You can mix GB domestic and the EU regulations in the same week or even the same day.
The fact is, to drive under the EU regulations you must be within 144 hours of a weekly rest, you must have had at least 9 hours off if available otherwise 11 prior to the shift that has EU driving in it, you then must comply with the daily rest for that shift, so completed the shift and had the required rest of 11 hours or 9 if available within 24 hours from the start of the shift and then you must comply with the weekly rest requirements, so start a weekly rest no later than 144 hours since the end of your last weekly rest.
If you’re not classed as an occasional worker for the EU regulations, then under the RT(WT)R you would have to comply with the same daily and weekly rest requirements as the EU regulations, however this isn’t enforced and no one has ever been prosecuted for a breach if the RT(WT)R although it has been brought up when in front of the TC.
