As above I know there is a law 15 hours for day workers breaks poi included but what’s the maximum for nights I mean absolute maximum I spoke to Vosa they said 10 hours breaks poi includes unless you have a collective agreement I know ours is 12 I think that is the maximum with breaks included but the firm I work for make you work upto 15 are they breaking the law I’m finding it so confusing getting pushed pillar to post and so many loopholes please help (scrappy)
Maximum duty time for night workers is the same as day workers, 15 hours or 13 if you have no 9 hour daily rest periods available. The only difference for night and day workers is the 10 hour work limit for night workers, which is 10 hours of driving and other work and does not include POA or break. The 10-hour night limit can be opted out of.
Can someone explain abit more about opting out of the 10 hr limit.
why opt out? good and bad points. Would opting out have an effect on any other limits? rest periods etc
wheelyb:
Can someone explain abit more about opting out of the 10 hr limit.why opt out? good and bad points. Would opting out have an effect on any other limits? rest periods etc
AFAIK to opt out there has to be a workplace agreement.
As it is only work which counts for the 10 hours, driving and other work, opting out doesn’t make much difference to most night drivers. Not many night shifts where you do the full 10 hours driving plus a load of other work. Even not opted out you can still do the 13 or 15 hours shifts with breaks and POA.
Opting out makes no difference to any of the usual rules regarding driving time, breaks, rest and so on.
Since the 10 night work time limit has been in force, which is now over 5 years, has anyone ever been prosecuted for breaching it?
At our depot we have opted out of the 10 hr night but do a max of a 12 hr shift. That’s 12 hrs from start to finish regardless of what work or breaks you’ve had and most of the drivers if not all of them who it affects are happy with it .
ROG:
Since the 10 night work time limit has been in force, which is now over 5 years, has anyone ever been prosecuted for breaching it?
As there have been no prosecutions for infringing the WTD, and this is part of the WTD, what do you think?
That wasn’t the question asked though. The OP obviously wants to know the actual legislation so he can possibly use it to his advantage and prevent the firm pushing him to work more than he wants to, not what he can maybe get away with because no one cares.
ROG:
Since the 10 night work time limit has been in force, which is now over 5 years, has anyone ever been prosecuted for breaching it?
I don’t know if you’re aware of this but VOSA are reluctant to prosecute for WTD offences
Dare I say it he needs to join a union, elect a shop steward and push something through. I don’t know how many people work there but the union could help.