Mobile Worker - Van/Car Regulations: Clarification Req'

Looks to me like you are spending 224hrs over 29 days at work.
About 56 hrs per week. BUT that is not all work. 90mins breaks during the day, and you are down to around your 48hr week.

No… You are not a driver within the rules as I have already linked.
Not grey at all. You are not a driver within the rules.
You are (it seems) “making inspections and maintaining” alarms etc, who happens to drive a van, so UK Domestic duty limit exempt/
Security worker so WTD exempt on some rules.

And you are probably under the 48hr rule anyway.

I see nothing illegal in what you are being asked to do. And it appears to be under any 48hr contract too.

I know, but if you drive a Van, HGV rules apply…?

Im sure the following is correct and applies

The Domestic Rules on van driving hours

The Domestic Rules state that you can spend 11 hours of the day working, but no more than 10 of those can be driving.

Drivers are limited to

10 hours of daily driving – this limit applies from the moment you start driving, includes time off-road and time behind the wheel with the engine running and controlling the vehicle. This could be when the vehicle is stationary, as well as moving.

11 hours of daily duty – this is basically the period of 24 hours from the beginning of your shift. Drivers are excluded from the daily duty limit on any working day if they don’t drive.

Breaks and rest periods.

No rules given but drivers must have adequate breaks and rest. DVSA have stated that EU rules will apply.

Exceptions

There must be some exceptions to these rules I hear you ask, and you’d be right.

If you drive a vehicle to which these rules apply but spend just four hours at the most behind the wheel per week, then you’re not subject to the ‘daily duty’ limit on any day of the week.

But if you exceed more than four hours in one day, the limit is applied to the whole week.

The following professions only have to observe the 10-hour daily driving rule:

Doctor, dentist, nurse, midwife, vet, work in any inspection service, cleaner, work in maintenance, work in repair, work in installation or fitting, commercial travellers, work for the AA or RAC, work in cinema or radio broadcasting, have to drive off-road for agricultural, forestry, quarrying or civil engineering purposes.

The Domestic Rules do not apply to drivers in the armed forces, police and the fire services, drivers who stay off of public roads and any private driving that is not for employment.

These limits can also be exceeded when immediate action is needed to deal with life-or-death emergencies, serious interruptions to public services such as water and gas, serious interruptions to the use of roads, railways, seaports and more. Finally, events that are likely to do serious damage to property.

Isn`t that you? Inspecting premises and resetting alarms?
So long as you do under 10hrs driving, the other rules do not apply.

So, only WTD, and security are exempt fro some of that.

And probably you are under a 48hr working week average.

Yes and no, one of those grey areas…

Well yes one aspect, but your providing a security patrol and also site inspection/alarm response/alarm testing/emergency lighting testing/site patrols

And average wise ok, but I think 78 hours needs clarification if right for one week security or not…Im not 200% clued up on this, if thats the way of it fine but Id rather find a definitive answer to put this to bed

Eh? You’re making a meal out of nothing as far as I can see, you’ve had all the info you need but you keep overcomplicating it by adding more factors: Medical? ACAS? Citizens Advice? This is looking like a deliberate misunderstanding of what you’ve been told, so it looks like a wind up: I’m out.