Night Working & 10 duty hours

So.

1300 Start
1300 - 1430 POA
1430 - 1530 Other Work
1530 - 1545 Break
1545 - 1845 Driving
1845 - 1915 Other Work
1915 - 1930 Break
1930 - 2100 Driving
2100 - 2130 Break
2130 - 2230 Other Work
2230 - 0115 Driving
0130 - Finish

Although there is a 10 working limit there is 1h30m POA and 1h Rest then the shift then would be 12h30m and legal right? Or wrong, and if so why? :slight_smile:

Legal.

I took this up with Vosa breaks and poi are included in that time like the 15 hour maximum day I maybe wrong but that’s what a Vosa officer told me Monday anyone else like to comment

Scrappydoo:
I took this up with Vosa breaks and poi are included in that time like the 15 hour maximum day I maybe wrong but that’s what a Vosa officer told me Monday anyone else like to comment

Whoever told you that at VOSA is an idiot.

Night work

9.–(1) The working time of a mobile worker, who performs night work in any period of 24 hours, shall not exceed 10 hours during that period.

"working time” means the time from the beginning to the end of work during which the mobile worker is at his workstation, at the disposal of his employer and exercising his functions or activities, being
(a)

time devoted to all road transport activities, including, in particular–
(i)

driving;
(ii)

loading and unloading;
(iii)

assisting passengers boarding and disembarking from the vehicle;
(iv)

cleaning and technical maintenance;
(v)

all other work intended to ensure the safety of the vehicle, its cargo and passengers or to fulfil the legal or regulatory obligations directly linked to the specific transport operation under way, including monitoring of loading and unloading and dealing with administrative formalities with police, customs, immigration officers and others; or
(b)

time during which the mobile worker cannot dispose freely of his time and is required to be at his workstation, ready to take up normal work, with certain tasks associated with being on duty, in particular during periods awaiting loading or unloading where their foreseeable duration is not known in advance, that is to say either before departure or just before the actual start of the period in question, or under collective agreements or workforce agreements;

There you go, POA and break is not working time.

Scrappydoo:
anyone else like to comment

Yes I’d like to comment :smiley:

Comment: Coffeeholic is right and the VOSA bod you spoke to is wrong :wink:

In case you have doubts this is taken from the DFT’s website 2.2 What is working time?

Working Time does not include:

Routine travel between home and their normal place of work;
Rest and breaks when no work is done;
Periods of availability (see below);
Optional evening classes or day-release courses;
Voluntary work or time spent as a retained fire fighter, a special constable, or member of the reserve forces.