Can an HGV driver be PLANNED to work a 15hr Day??
Yes
montysbunker:
Can an HGV driver be PLANNED to work a 15hr Day??
Yes, provided the driver has a reduced daily rest period available. It’s a popular Driver’s Myth that they can’t.
This is the relevant bit from the regulations, REGULATION (EC) No 561/2006
CHAPTER III
LIABILITY OF TRANSPORT UNDERTAKINGS
Article 10
A transport undertaking shall organise the work of
drivers referred to in paragraph 1 in such a way that the
drivers are able to comply with Regulation (EEC) No 3821/85
and Chapter II of this Regulation. The transport undertaking
shall properly instruct the driver and shall make regular
checks to ensure that Regulation (EEC) No 3821/85 and
Chapter II of this Regulation are complied with.
If the driver has a reduced rest period available and the company plan so they have to make use of it they are meeting the requirements of the regulations.
Thank you for that qualified reply and the relevant link. Most helpful. Ofcourse the follow up question is. Is it legal for an employer to insist an HGV driver works a planned 15 hr day
montysbunker:
Thank you for that qualified reply and the relevant link. Most helpful. Ofcourse the follow up question is. Is it legal for an employer to insist an HGV driver works a planned 15 hr day
As far as the EU Driver’s Regulations go the answer is yes, nothing in them prevents this.
However, if you claim tiredness as a reason for not doing so then in this day and age it would be a very foolish employer who insisted you still did it, they would be leaving themselves wide open to legal action from yourself, a third party or both if you had an accident. So, while the EU regs don’t help your case if you don’t want to do a 15 hour day then H&S may be your friend.
There is a flip-side to that though. If you regulalry claim you are not fit to do a long shift it is possible your employer may decide you are unsuitable for the job and terminate your employment, that is something to consider if you decide to make some sort of stand. You may win the odd battle but overall the company is more likely to win the war.
Also if you do decide to make a stand make sure you know your argument. I’ve often seen on here people giving an account of this sort of argument where they say they are refusing to do a reduced daily rest. The story goes something along the lines of how they did a 15 hour shift and finished at 21:00 and the boss wanted them to start again at 06:00 but they refused as they don’t do reduced rest periods and wouldn’t start until 08:00. The problem with that argument is they have had a reduced rest by working more than13 hours so you need to argue this from the right place and not refuse to do something you have actually done otherwise it just weakens your case.
montysbunker:
Thank you for that qualified reply and the relevant link. Most helpful. Ofcourse the follow up question is. Is it legal for an employer to insist an HGV driver works a planned 15 hr day
Depends on what your contract says but not illegal under the law.