Hi everyone
i hope that you can help me and several other drivers where i work at the same time.
i have a problem with driving hours and more importantly what im being told by the current o licence holder
I drive a road seeper for the local council
I currently work a 40 hour paid week from 4.30 am monday each day until friday 36.5 hours are my std working week and 3.5 hours overtime. i finish at 1pm each day. I also work 8.5 hours overtime on a sunday from 3am until 12.30 pm. both sets of hours include a 0.5 hr break unpaid for dinner and i am also allowed a .25 hr tea break i m being told that i am breaking eu rules because they are saying all the hours i am at work for count towards my 90 hours drving time allowed each fortnight. my understanding of the rules are that i am only driving when i am actually driving not all the hours i am at work and that duty time (ie other work time) is not included in my driving time. are they correct ? we are also allowed 30 mins a day for shower / cleanup time when the vehicle is parkedup when i am finished before i go home
separately but also linked to the same problem my friend also drives a sweeper. his hours are as follows
4am - 1pm with thee same breaks as me above
he then goes home and returns to work at 3.30pm until 6pm
he does this five days a week and also a saturday shift from 4am until 12.30 pm
is he driving legally or not
thanks in advance
Driving hours relate to driving nothing else. Other work is other work, POA is POA, rest is rest that’s why there’s different tacho modes to select so you can show exactly what activities you have been carrying out.
Unless road sweepers have different rules applied (they might I’m not sure) to them your mate is breaking the law. He is having a reduced rest every day at present and only 3 are permitted in the week. He could start his afternoon stint 30 mins later and could then use the 3 hour break towards a split rest which would be legal. So 3 hours rest between 1 pm and 4 pm could be added to the later period of rest from 6.30pm to 4am following day. As he has had at least 9 hours rest in that time he can add this to the 3 hour period earlier which keeps him legal.
As for the Saturday shift, as he has had a reduced weekly rest that weekend, 39.5 instead of 45 hours, he needs to compensate for that by adding 5.5 hours en bloc, that is, added to another rest period in a single lump.
To summarise, your mates are talking ■■■■■■■■ about your driving hours and your mate is working illegally as I understand it, unless road sweepers have an exemption of some sort.
If any ■■■■■■■■ have been dropped, Coffeeholic or Tachograph will be along to amend any ■■■■ up on my part!
hi
thanks for the reply
its not mates that are telling me that all my hours at work are classed as driving hours its the lady who has taken charge of the o licence basically she is now the transport manager and is a apparently cpc qualified. i work for the local council and up until last week we were told we were exempt from drivers hours due to the work that we do ( highway maintainance) we currently fill in a weekly log sheet. She has added today that she will allow us to do monday - friday 4.30 am until 1 pm and work a weekend on and then have the following weekend off both saturday and sunday being 8.5 hours at 4.30 until 1pm this would be only on an exemption clause to eu driving hours (highway mainaintance) if she would have to justify this to the regional transport authority director
she has told us unless we accept a weekend on weekend off arangement with this exemption we will revert to eu driving hours which will prevent us from doing
4.30 am until 1 pm monday until friday and 8 hours on a sunday as that constitutes more than our allowed 90 hours driving a fortnight
she will not accept that driving hours are only made up of hours driving and duty time is not the same as the 90 hours driving time do you have any suggestions of how to go about proving this to her and also the management of my department
KOONSKAU:
hi
thanks for the reply
its not mates that are telling me that all my hours at work are classed as driving hours its the lady who has taken charge of the o licence basically she is now the transport manager and is a apparently cpc qualified. i work for the local council and up until last week we were told we were exempt from drivers hours due to the work that we do ( highway maintainance) we currently fill in a weekly log sheet. She has added today that she will allow us to do monday - friday 4.30 am until 1 pm and work a weekend on and then have the following weekend off both saturday and sunday being 8.5 hours at 4.30 until 1pm this would be only on an exemption clause to eu driving hours (highway mainaintance) if she would have to justify this to the regional transport authority director
she has told us unless we accept a weekend on weekend off arangement with this exemption we will revert to eu driving hours which will prevent us from doing
4.30 am until 1 pm monday until friday and 8 hours on a sunday as that constitutes more than our allowed 90 hours driving a fortnight
she will not accept that driving hours are only made up of hours driving and duty time is not the same as the 90 hours driving time do you have any suggestions of how to go about proving this to her and also the management of my department
The woman is a ■■■■. despite being female and very little she says makes any sense at all.
I hope this helps. 
thanks i quite agree with you and a lot more tbh
unfortunately this doesnt help me prove she has not got a clue and my direct management are following what she says as gospel.
i have the pdf vosa drivers hours document which i found linked to on here but any thing else would be a great help
this is happening to us it is costing us money and is going to be applied to every driver in the council i work for, We have already lost money recently and there is a plan to removeour unsociable hours paymnts in october
KOONSKAU:
thanks i quite agree with you and a lot more tbh
unfortunately this doesnt help me prove she has not got a clue and my direct management are following what she says as gospel.
i have the pdf vosa drivers hours document which i found linked to on here but any thing else would be a great help
this is happening to us it is costing us money and is going to be applied to every driver in the council i work for, We have already lost money recently and there is a plan to removeour unsociable hours paymnts in october
This is chapter and verse and no one can argue with the legislation, not simple to read, but if you read it all, it becomes clear.
eur-lex.europa.eu/LexUriServ/Lex … 013:EN:PDF
Coffeeholic:
44 Tonne Ton:
Driving hours relate to driving nothing else. Other work is other work, POA is POA, rest is rest that’s why there’s different tacho modes to select so you can show exactly what activities you have been carrying out.
Unless road sweepers have different rules applied (they might I’m not sure) to them your mate is breaking the law. He is having a reduced rest every day at present and only 3 are permitted between weekly rest periods.
If any ■■■■■■■■ have been dropped, Coffeeholic or Tachograph will be along to amend any ■■■■ up on my part!
FTFY.
I thank you from the bottom of my arse! Sometimes it’s not what you say… 