I’d love to see this law in print or via a link aswell and then I could tell them to ram that 14.5hr shift every Tuesday and Thursday
the fub:
eddie snax:
the fub:
I got sacked on Xmas eve for refusing to work over 12 hours and before the case came to court I was warned that the company would use the “but you’ve worked x amount of hours before so it then becomes standard practice”. In the eyes of the law then that was all they needed. As long as you have the hours legally then basically you can’t refuse. That was about 15 years ago though so things may have changed.You needed to have had a good shop steward, yes it is true custom and practice will come into the equation, but if you’d stated that you were unfit to drive as you felt unwell, and had taken some medicine that was making you feel drowsy, such as for hey fever, then not a tribunal in the land will uphold your dismissal, in fact you’d be regarded a road safety hero.
I know off a bloke who had a similar situation, where he’d pulled into a layby for a 45min (kip), which turned into a couple off hours. The company were spitting mad, tried to take disciplinary action against Him, but were stopped in their tracks by the shop steward threatening to raise tired driver/road safety issue at an Industrial Tribunal, the Company backed down straight away, couldn’t even give the driver a verbal warning, nothing on his file off that incident at all, and paid the 2 hrs aswell
Next time you need a short shift Xmas eve, go ill half way through the shift who can prove otherwise
And to the OP, I thought the drivers hours were about required break, not length off work. Companies do put the catch all “company requirements” “customer requirements” about hours including start time, though this can sometimes be in your favour, 1 firm I worked for had a nominal start time of 7am, in reality it would be 3-4am, but on the rare occasion that you were on a late start, maybe near customer premises for an 8 9 or 10am booking, then that card was in at 7am, and nothing was ever queried.
I said I was too tired to drive anymore only to be told that I was a professional driver and in their eyes that was my profession so I HAD to do the extra work. I replied that since as you say I’m a professional then my professional opinion should take precedent and I was not going to be a hazard to other road users by driving tired.
When it went to court I won.
Good Man
billdor1967:
They cannot plan your day for more than 13 hours. U can refuse to do it.
Sorry mate, that’s just drivers waiting room gossip. I’ll grant you that maybe certain companies have this as a rule, but there’s nothing enshrined in law to back this up. The simple truth is that they can plan you for a 24 hour day if they wish. Obviously it goes without saying that you couldn’t legally do that, but nonetheless it wouldn’t be illegal for them to plan it.
I’ve planned the perfect murder numerous times, but it ain’t actually illegal 'til I do it.
Can’t say I’m a fan of these reduced daily rest periods. Alright if your tramping and you are 3 feet from your bed but not if you have to commute.
the maoster:
billdor1967:
They cannot plan your day for more than 13 hours. U can refuse to do it.Sorry mate, that’s just drivers waiting room gossip. I’ll grant you that maybe certain companies have this as a rule, but there’s nothing enshrined in law to back this up. The simple truth is that they can plan you for a 24 hour day if they wish. Obviously it goes without saying that you couldn’t legally do that, but nonetheless it wouldn’t be illegal for them to plan it.
I’ve planned the perfect murder numerous times, but it ain’t actually illegal 'til I do it.
Wouldn’t that just turn into two days work?
Radar19:
Wouldn’t that just turn into two days work?
I’d get three out of it!
We’re told from the start that if we feel tired then pull over and sleep if necessary. I’m sure that if you actually tried to do that then they may change their attitude but I’m sure there ain’t jack they could do about it as you’re towing the company line.
Roymondo:
Radar19:
Our place likes us to save our 15’s and 10’s for at least the second half of the week. Some weeks go by without me even needing to use a 15 or a 10.[zb] that - I think I’ve only ever gone over a 13 hour duty once or twice in the past 6 years, and never gone past 9 hours driving. There is simply no need for Dickensian working hours.
They are useful as it let me get home tonight. I did NOT want to spend a night at Wetherby zb’ing services like I had to last time. That the worst experience I’ve had in a long time.
Terry T:
We’re told from the start that if we feel tired then pull over and sleep if necessary. I’m sure that if you actually tried to do that then they may change their attitude but I’m sure there ain’t jack they could do about it as you’re towing the company line.
I do that. Break time for me is sleep time. Its amazing what a power nap will do!
I regularly have to do a shift which involves a drive of up to four hours, around ten drops in the area - all handball - and a four hour plus drive back to the yard, then I go home. This shift invariably takes over fourteen hours to complete, and by the end of it I’m mentally & physically knackered.
The law may state that I may reduce my rest period, but I refuse to do that - I insist on having 11 clear hours rest, and any firm that refuse that are, in my opinion, failing in their duty of care.
Radar19:
Terry T:
We’re told from the start that if we feel tired then pull over and sleep if necessary. I’m sure that if you actually tried to do that then they may change their attitude but I’m sure there ain’t jack they could do about it as you’re towing the company line.I do that. Break time for me is sleep time. Its amazing what a power nap will do!
I know. I was on the A34 once just after the M3 and I was literally falling asleep at the wheel. Was in my car after a week working away and had just done a 12 hour night shift followed by what was going to be a 3 hour drive home. About an hour in to the drive I gave up and shut my eyes. Within 20 minutes I felt wide awake and drove home.
False
I bet if firms had to pay for you to stay in days inn or something similar - at cost - there would be a lot less “nights out” in the entire haulage industry to be had.
Those running on a shoestring would go to the wall, and the bigger firms able to pay higher rates for reasonable hours would snap up the quality drivers in no time.
More competition in this business needs to start being about “Who’ll pay more” rather than “Who’ll work for less”…
gothika:
Hi lads there’s a couple of lads at work saying the drivers law that the company cannot make you work 13 hrs or more he said its upto the driver if he wants to do more hours than 13 not the company I ve never seen any law stating this your help would be appreciated I think he s just lazy and works 12 hrs
Think of the new average holiday pay
Honked:
Really? There is a law on how long you can work? You are kidding me aren’t you?Next you will be telling me that drivers wash wagons in their own time and that you can’t have your break on a bay!
now you tell me bin doing that for yonks
desypete:
but if you want to be a driver you have to be prepared for 15 hours a day and nights out
Utter ■■■■■■■■. Anyway has your George Cross come through yet for “extreme bravery in sacrificing your livelihood”?