Normally, the place I work at aims to start our shifts in slots; ie 4pm. They then have a period of two hours either side, where they can start us.
So for the week they could plan me to start at 4 pm, but it could be as early as 2 pm or as late as 6 pm.
Recently, another driver who is more experienced than I am, suggested that this is in law.
But I can’t see any reference to it, and in the past previous employers have not stuck to that “law”.
I suspect it is either BS from the driver, or he is misinterpreting the company’s recommended rules for drivers planning.
Considering that some of our shifts overrun, that isn’t always practical. For example yesterday, due to other complications I ended up with a 15 hour shift for my first duty, then came in after 12 hours off, and I expect that tonight will only be a nine hour shift. (Nice manager)
But likewise at other times some managers (not so nice) have planned at6 pm start on one day and noon the next and 5pm after that.
This will obviously take a hit on fatigue and planning of suitable rest.
But it is different if it is law, because I can quote that to goto the company to get the managers to fall in line, hopefully.
Otherwise I’ll just stay quiet and try not to get into more trouble….
What does your contract say? If it states explicitly that you start at allocated times +/- 2 hours then that is legitimate, but they must of course be aware of minimum rest periods that ARE law, so you can’t break those.
You need to be clear on the distinction between law as backed by statute (“the law of the land” so-to-speak), and contract law (that which is written in your contract). The only laws I can name dictating working/break/rest hours are the WTD and Drivers Hours regulations.
When you start work may be laid out in your contract, and wording matters, as does any stated working time, what happens with overtime, etc. If in doubt, get legal advice on your specific situation.
Rest counts as a “full rest” so long as the working day was <= 13 hours since the the start of the shift (it’s counted in a contiguous 24-hour block). The day you worked 15 hours counts as a reduced rest day following it (15 hours work + 9 hours rest = 24 hours) even if you got 18 hours between the end of shift day 1 and the start of shift day 2.
Think of it like this: the daily rest cycle always closes out the working day; it never starts before it.
[0600-1900] work = 13 hours (the most you can work and still have full daily rest assuming you start at 0600 the next day and not earlier)
[1901-0600] rest = 11 hours “full daily rest”
= 24 hours
[0600-2100] work = 15 hours (this pushes you into reduced rest)
[2101-0600] rest = 9 hours “reduced daily rest”
= 24 hours + 4 hours
[1000-2300] work = 13 hours
[2301-0800] rest = 9 hours “reduced daily rest”
The driver you mentioned speaks with forked tongue. As long as your company give you the correct amount of time off in between shifts they’re not doing anything illegal. Obviously some companies are more driver friendly than others in that respect.
The forum says you’ve been a member since 2005, seems like you have more than enough experience yourself to not listen to this other driver.
Everyone needs to on the ball with the “must know” information and cover their own ■■■■. The only laws you need to focus on are the Drivers Hours and WTD/RTD.
Everything we need to know is out there for free gov.uk/drivers-hours
I for one would not rely on your Transport Planners to know everything they should know. Do you know what training they’ve had? I suspect not.
The one thing I would be most concerned about, with variable start times and 15 hour shifts, is the number of reduced daily rests available. Are the TPs at home with calculating your work/rest over 24 hour periods, rather than “days”?
Another issue, less crucial than the first one: has the company opted out of RTD night working limits? Have they discussed any previous collective agreement about opting out?
If they have not opted out, is anyone at this place aware you’re defined as a “night worker” and are limited to 10 hours work in any one shift unless the opt-out is in place?
gov.uk/guidance/drivers-hou … time-rules night work: if night work is performed, working time must not exceed 10 hours in any 24-hour period. Night time is the period between 00.00 and 04.00 for goods vehicles and between 01.00 and 05.00 for passenger vehicles. The 10-hour limit may be exceeded if this is permitted under a collective or workforce agreement
Generally, I tend to ensure that I have at least 11 hours off.
When I finished my shift, and I am reporting to the traffic desk they tell me usually what time my duty starts the next day. If it is under 11 hours, I will raise the issue and they will often move things around to get me another more suitable shift.
Sometimes, if I choose to do so, I will reduce it but not often. It is not uncommon to do a 14 hour shift and then having 11 hours off, even though it is using up a reduced rest.
I use TruckerTimer to keep track of my hours and try not to get infringements. It doesn’t always work out, but generally I cope.
I think the main issue came about is because it would be nice to get into a routine during my work week, as this driver was insinuating, but that probably isn’t actually going to happen. I think it should say on my contract about the 2 to 3 hour rule, however it also says that the company can avoid that role if it is needed for the companies benefit.
