Am I right in believing that a Bonus paid for the miles you drive is illegal because it may cause you to drive further than would have otherwise. 
No, it is not necessarily illegal. We have members on here who are paid by the mile, and I’m sure she will be along at some point to confirm it is not illegal.
As long as the company can show they take all necessary steps to ensure the Driver’s Hours Regulations are complied with then paying by the mile, or a mileage bonus is not illegal.
I am at the moment studying unit 1 of the Certificate of Professional Competence. National Road Haulage level 3.
Under Prohibition on payments it say’s
Payments or bonuses related to distance travelled is prohibited. Am I reading this wrong… 
Smee:
I am at the moment studying unit 1 of the Certificate of Professional Competence. National Road Haulage level 3.
Under Prohibition on payments it say’s
Payments or bonuses related to distance travelled is prohibited. Am I reading this wrong…
It depends on how the payment is calculated and if it encourages breaking of the regulations, which is why I said ‘not necessarily illegal’. Lucy knows all the ins and outs of it as she is paid that way, with the full knowledge of VOSA. You may not be reading it wrong, it may just be the people who devised the course you are using have not taken the full wording of the regulation into account and have incorrectly stated it is totally prohibited.
The exact wording of the regulation, as found HERE, Chapter III, Article 10 is.
A transport undertaking shall not give drivers it employs or who are put at its disposal any payment, even in the form of a bonus or wage supplement, related to distances travelled and/or the amount of goods carried if that payment is of such a kind as to endanger road safety and/or encourages infringement of this Regulation.
That doesn’t completely prohibit mileage based payments because the crucial bit of that is - if that payment is of such a kind as to endanger road safety and/or encourages infringement of this Regulation - and as long as the company can show the method of payment does not endanger safety or encourages infringements of the regulations then it isn’t illegal.
i heard its ok to pay milage/percentage bonuses so long as there is a garunteed wage in place that meets the minimum wage
IMO - Apart from owner drivers, I would like a LAW that says ALL drivers must be hourly paid only. This would, IMO, stop any encouragement towards compromising safety & breaking laws.
ROG:
IMO - Apart from owner drivers, I would like a LAW that says ALL drivers must be hourly paid only. This would, IMO, stop any encouragement towards compromising safety & breaking laws.
So now you want the Nanny State to tell my boss how to calculate my pay too??
I would like you to keep your opinions to yourself, until you’ve thought them through PROPERLY.
We have got a guaranteed minimum 55 hours + mileage bonus and second job bonus, but a union official told me that these bonuses were illegal because they may persuade you to do more than you would normally. so you are telling me the union official was talking through there ■■■■ opening.
Smee:
We have got a guaranteed minimum 55 hours + mileage bonus and second job bonus, but a union official told me that these bonuses were illegal because they may persuade you to do more than you would normally. so you are telling me the union official was talking through there ■■■■ opening.
Well as mileage bonus payments are not necessarily illegal then it appears he was indeed using a non standard orifice to speak through. 
Could his argument really be the fact the bonuses may encourage you to do more than the union want you to do rather than more than you normally would?
If you are guaranteed 55 hours minimum that surely encourages you to do less hours rather than more, do 45 get paid for 55 for example. The mileage thing may just be there to encourage you to actually do the 55 hours they are paying you for, as theoretically 55 hours = more miles than 45 hours. Don’t really see where this would fall foul of the regulations, as detailed in the link above.
Smee:
I am at the moment studying unit 1 of the Certificate of Professional Competence. National Road Haulage level 3.
Under Prohibition on payments it say’s
Payments or bonuses related to distance travelled is prohibited. Am I reading this wrong…
Hi Smee, No mate you’re not reading it wrong, it’s just that you’re not reading all of it.
It should say exactly what Coffeeholic has written.
When I taught CPC, I always made a point of explaining this one, as there are a number of firms quite legally using an element of mileage to calculate employed drivers’ pay.
As you read more of the CPC notes, you’ll see that almost every company who operates vehicles with a permitted GVW exceeding 3.5t has to have an “O” licence. There are several promises (undertakings) that the company must give to the Traffic Commissioner at the time the “O” licence application is processed. One of these undertakings is a promise to monitor and control drivers’ hours. That promise, plus the statute that Coffeeholic quoted is the reason that a driver’s wage structure cannot encourage excessive (illegal) mileage. There is a similar provision relating to weight carried too, in that it’s OK for a firm to pay a bonus related to weight carried, but the line is drawn when that weight is more than the vehicle is legally allowed to carry.
The union guy might like to ask his bosses for some refresher training, as I feel it would benefit him.
I hope this helps.
ROG:
IMO - Apart from owner drivers, I would like a LAW that says ALL drivers must be hourly paid only. This would, IMO, stop any encouragement towards compromising safety & breaking laws.
Ok Rog, what about salaried drivers, daily rate drivers and also job and finish jobs?
Most of which when the jobs done you get to go home early, I suppose that’s not an encouragement to speed or rush about and break laws is it? 
There will always be work related bonus schemes in lorry driving for one reason and one reason alone.
This phrase heard on a daily basis …
‘’ I don’t care how long it takes, I’m on hours’’
Pat
bloodoodle:
ROG:
IMO - Apart from owner drivers, I would like a LAW that says ALL drivers must be hourly paid only. This would, IMO, stop any encouragement towards compromising safety & breaking laws.This phrase heard on a daily basis …
‘’ I don’t care how long it takes, I’m on hours’’
Pat
It is definitely less stressful to be on hourly rate when stuck in a hold up 
Thanks for all the advice guy’s…