Hi all, I work in the TV /Film industry as a freelance electrician, I drive a class C to transport my lighting equipment to location almost every day then do a 11 hour day on set. My question is the WTD states that I have to average 48 hours a week work over a two week period. Is this correct? This is almost impossible to to do in this job. Last week I did 68 hours work which includes only 4hrs driving. We mainly do 11 day fornights, 6 days work, 1day rest then 5 days work then 2days rest and so on. After a 48 hour rest period does that wipe the slate clean on combined driving/ other work hours ? Production company’s hate getting agency drivers in to move our trucks as it costs them money, and we are always pressured into driving our trucks as much as possible. We try to resist driving as much as possible as we are generally run ragged all day every day . But we struggle to argue our case with out some sort of legal evidence to show that we shouldn’t be driving.
Please could someone explain how many driving hours and other work hours I’m allowed to do each week before breaking any laws, and please can anyone point me in the direction of any legal document evidence that is easy to understand that I can show the production company’s stating the law and limits of our working hours.
Thanks in advance.
Cheers
Do you have to go to the location in the truck as a driver or passenger every day of the week or do you have the option of going to the location perhaps one day a week in a non EU regs vehicle ?
ROG:
Do you have to go to the location in the truck as a driver or passenger every day of the week or do you have the option of going to the location perhaps one day a week in a non EU regs vehicle ?
Thanks ROG for your reply. I don’t need to drive every day, some days the Truck is based at location for a few days at a time even a week, then in those cases I drive in in my car. it is quite varied. One week may require me to drive almost every day, these journeys are almost Always under an hour, it could be as little as five minutes from unit base to the location. We are sometimes required to move between location 1 and 2 some days also.
elphinston:
ROG:
Do you have to go to the location in the truck as a driver or passenger every day of the week or do you have the option of going to the location perhaps one day a week in a non EU regs vehicle ?
Thanks ROG for your reply. I don’t need to drive every day, some days the Truck is based at location for a few days at a time even a week, then in those cases I drive in in my car. it is quite varied. One week may require me to drive almost every day, these journeys are almost Always under an hour, it could be as little as five minutes from unit base to the location. We are sometimes required to move between location 1 and 2 some days also.
Any shift in which you do not drive or travel in an EU regs vehicle will be under the normal WTD not the RTD and from the way they are worded it seems they are taken as two separate systems so one does not count for the other
The normal WTD can be opted out in regards to the reference periods which would help if my reading of the two types is incorrect
You will be exempt from driver cpc so good news there
ROG:
elphinston:
ROG:
Do you have to go to the location in the truck as a driver or passenger every day of the week or do you have the option of going to the location perhaps one day a week in a non EU regs vehicle ?
Thanks ROG for your reply. I don’t need to drive every day, some days the Truck is based at location for a few days at a time even a week, then in those cases I drive in in my car. it is quite varied. One week may require me to drive almost every day, these journeys are almost Always under an hour, it could be as little as five minutes from unit base to the location. We are sometimes required to move between location 1 and 2 some days also.
Any shift in which you do not drive or travel in an EU regs vehicle will be under the normal WTD not the RTD and from the way they are worded it seems they are taken as two separate systems so one does not count for the other
The normal WTD can be opted out in regards to the reference periods which would help if my reading of the two types is incorrect
You will be exempt from driver cpc so good news there
Thanks again. yeh the CPC exemption is a bonus! All this RTD and WTD is clear as mud, its difficult to get my little brain around 
So at what point can we not drive the trucks? Is this when we either use up our driving hours (which we never do). Is the maximum WT 60 hours, what happens if I work longer hours, is this illegal, am i breaking the law? So as an example of my normal day. I collect the truck at 6am from the yard do my checks etc and arrive at location at 7.30 am start shooting at 8am. I have 1/2 breafast break and 1 hr lunch break at 1pm and wrap at 7 and usally have a 1/2 derig of the location and load the trucks. we normally leave Location by 8pm and arrive at the next by 9pm. So thats 15hrs Duty Time. Minus Breaks of 1.5hrs thats 13.5hrs. If we do that 3 times a week thats 40.5 hrs Working time. Then for the next three days we only drive the trucks for 10mins a day between unit base and locaction ( 11 hrs per day).These days total 33 hrs WT. So the total WT for are standard 6 day week is 73.5 hours.
So should i legally stop working/driving as soon as i reach the 60 hrs. As i understand it i have to average 48 hours a week. That leaves me with only 22.5 hrs for the following week, is that correct?
Cheers
I perhaps should point out that only some companies bother with the RTD enforcement but the authorities have not bothered so far over the last 6+ years !!!
60 hours actual working time (not breaks or POA) is the max for the fixed week (sun midnight to sun midnight)
The average of 48 hours is done over maybe 26 weeks
Only RTD hours will count not WTD hours
ROG:
I perhaps should point out that only some companies bother with the RTD enforcement but the authorities have not bothered so far over the last 6+ years !!!
60 hours actual working time (not breaks or POA) is the max for the fixed week (sun midnight to sun midnight)
The average of 48 hours is done over maybe 26 weeks
Only RTD hours will count not WTD hours
Thanks ROG for taking the time to answer my questions.
Cheers
ROG:
Any shift in which you do not drive or travel in an EU regs vehicle will be under the normal WTD not the RTD and from the way they are worded it seems they are taken as two separate systems so one does not count for the other The normal WTD can be opted out in regards to the reference periods which would help if my reading of the two types is incorrectYou will be exempt from driver cpc so good news there
Rog would that not be wrong he works for the same firm not another firm, as he drives the truck for the firm and then works for them as a electrician. and as such would be classed as a mobile worker. just like porter for a removal compay or drivers mates.
With regard the DCPC exemption as he says in his post he says the employer does not like using agency staff the would mean there driver of the truck would have to have a cpc as he making a living.
also does the OP bill the company for his services as a driver and electriian I.E self employed. if so then he would need a DCPC.
DCPC makes no difference in how the driver is employed only what the driver does
RTD/WTD also makes no references to who a driver works for but does state when they are deemed as a mobile worker