I’m currently working out of the transport industry and work mon-thurs 9-5 and fri 9-1. Where would i stand by the wtd/hours laws if i wanted to drive at weekends?
Al
I’m currently working out of the transport industry and work mon-thurs 9-5 and fri 9-1. Where would i stand by the wtd/hours laws if i wanted to drive at weekends?
Al
I work 32 hrs a week in an office and do part time driving at a weekend normally Friday or Sunday - if WTD allows 48hrs per week then in my case I can do 16hrs a week - i.e one long 15hr shift.
scantheman:
I’m currently working out of the transport industry and work mon-thurs 9-5 and fri 9-1. Where would i stand by the wtd/hours laws if i wanted to drive at weekends?Al
The work you do outside of the road transport industry counts for nothing as far as the RT(WT)R are concerned, it counts as other work for the tachograph regulations (EC) 561/2006.
As far as the working time regulations are concerned you only need to bother about the effect the weekend work would have on the general WTD, but unlike the working time regulations for mobile workers you can opt out of the general WTD anyway.
The short answer is that in your case you can forget about the RT(WT)R 2005 as far as the weekly average limit is concerned
In any week that you drive to EU regulations the time you spend on your usual job in that same week would be classed as other work and you should record the start and finish times, the date and your name on a tachograph chart or printout, these should be carried with you for 28 days and then they can be binned.
In any week that you drive to EU regulations you should observe the weekly rest periods, on days that you drive in-scope of EU regulations you should observe the daily rest requirements.
Alternatively, if VOSA pull you, you could just keep schtum about your other job.
Harry Monk:
Alternatively, if VOSA pull you, you could just keep schtum about your other job.
Agreed
when i was only driving part time and got stopped by vosa they wanted ‘proof’ i hadn’t been working on the days i didn’t have tachos for.
when i asked what proof they need they replied ’ a tacho written out for every day or block of days you don’t drive’
so i sat there for about 15 minutes writing out a bunch of tachos with ‘no work’ written across them.
‘thankyou very much sir, on your way’ they said.
what utter non-sense!
Harry Monk:
Alternatively, if VOSA pull you, you could just keep schtum about your other job.
Kinda what i was thinking mate…it would be digi tacho and they would probably want to know what i had been doing on other days so not too sure what i could say? could say i’m an idle swine and like to sit at home all week watching jeremy kyle
Al
scantheman:
Harry Monk:
Alternatively, if VOSA pull you, you could just keep schtum about your other job.Kinda what i was thinking mate…it would be digi tacho and they would probably want to know what i had been doing on other days so not too sure what i could say? could say i’m an idle swine and like to sit at home all week watching jeremy kyle
You are a volunteer on the local preserved railway, you make your money investing in gold, your long lost aunt left you ten million quid, you just drive trucks for a hobby like that Chris Eubank bloke, just use your imagination.
Best advice when stopped by VOSA is to be friendly, give them a big beaming smile, and when they ask if it’s OK to do a roadworthiness check on your truck say “Course it is mate, I’m the first person who’s going to get his neck snapped if something goes wrong, I just look on it as a free MOT test” and you’ll be fine, I’ve got away with murder re my tacho charts in the past simply because I know how to pass the “Attitude Test”.
mucker85:
when i was only driving part time and got stopped by vosa they wanted ‘proof’ i hadn’t been working on the days i didn’t have tachos for.when i asked what proof they need they replied ’ a tacho written out for every day or block of days you don’t drive’
so i sat there for about 15 minutes writing out a bunch of tachos with ‘no work’ written across them.
‘thankyou very much sir, on your way’ they said.
what utter non-sense!
You should have told the guy to [zb] off, he was talking ■■■■■■■■. In a roadside check you have to produce your digi card, and there is nothing in the regulations about how much data must be on it you just have to produce it, and charts and any legally required manual records for the current day and the previous 28 calendar days. Those charts with no work written across them are not legally required so you don’t have to produce them.
The legally required manual records it mentions means charts used when the tachograph malfunctions or printouts to correct something. The only charts written out for days you did not drive which would be required are those for days you may do another job outside driving and also drive under EU rules in the same week. Those charts only require your name, the date and your start and finish times. There is no regulation that requires charts for non working days with no work written across them.
Once you have produced your digi card and any charts or manual entries, as detailed above, for the required 29 day period then that is your obligation completed. If VOSA are suspicious that what you have produced is not a complete record of the period it is up to them to prove you were working, it’s not up to you to prove you weren’t. They would have to access your time sheets, POD’s, gatehouse logs and the like to prove it, you need do nothing.
It’s a quaint old British tradition, innocent until proved guilty and it is up to the authorities to prove guilt and not the accused to prove innocence. It’s the prosecution who bears the burden of proof and has to prove guilt beyond reasonable doubt in British law.
The Biker:
I work 32 hrs a week in an office and do part time driving at a weekend normally Friday or Sunday - if WTD allows 48hrs per week then in my case I can do 16hrs a week - i.e one long 15hr shift.
Not quite correct, because one long shift, doesn’t include time taken for breaks, or POA
Work is the time that you are driving or loading.
The 48 hours is also an average over your reference period
coffee, it was a few years ago before digi’s and the best bit about it was the fact it WAS complete bullocks.
little did they know i was working 2 other jobs, (one non tacho and and non driving) working 9 days a week.
ahh the good days, working every hour there is, rolling in money and no time to spend it.