Hi everyone. A company [someone iknow works for]recently suggested that when backed onto loading bays the tacho should be put on POA.My first issue is its illegal to tell anyone what mode to select on a tacho ,as this is thesole responsibility of the driver.Secondly as they are not paid overtime all this would do is stretch the directive hours so that they could be made work longer.Any ideas.
If the company bothers with the 48 average and I was on set salary I would record other work so as to reduce my overall hours for the same money
The driver chooses what to record
POA can only be recorded when the time delay is known so if not known the driver has the option of either other work or break if not doing any work
sweetcorn48:
Hi everyone. A company [someone iknow works for]recently suggested that when backed onto loading bays the tacho should be put on POA.My first issue is its illegal to tell anyone what mode to select on a tacho ,as this is thesole responsibility of the driver.Secondly as they are not paid overtime all this would do is stretch the directive hours so that they could be made work longer.Any ideas.
As long as you’re not being asked to break the law I see no reason why an employer cannot legally tell a driver what tachograph mode to use in particular circumstances, of course what tachograph mode is legally used is largely dictated by the law, but all other things being equal I see no reason why the driver has any more say in it that the employer.
It’s no different to this idea that some drivers like to believe that legally only they can decide when and where they’ll have breaks.
Having said that if a driver is on a fixed salary and using POA would allow the company to get more hours work out of the driver than is already agreed he/she would be daft to use POA, in this case whether or not the company have a legal right to tell a driver to use POA will depend on the circumstances of the delivery/collection and the current working practices.
As has been said if the driver doesn’t know roughly how long he’ll be waiting he cannot legally use POA.
Thanks lads.
Company can request you use a particular mode and provided that the criteria for that mode are able to be met there’s nothing legally wrong in that.
No different to asking a driver to take their break at a particular time or place that suits the scheduling, which is also within the regulations.
sweetcorn48:
Hi everyone. A company [someone iknow works for]recently suggested that when backed onto loading bays the tacho should be put on POA.My first issue is its illegal to tell anyone what mode to select on a tacho ,as this is thesole responsibility of the driver.Secondly as they are not paid overtime all this would do is stretch the directive hours so that they could be made work longer.Any ideas.
As others have said, a company can request you to use what they like. And of course it should go without saying that the mode you are requested to use, and are going to use is the correct mode. That said, to use the mode of POA the worker should be under no instruction to stay at his workstation. Indeed its a condition of POA that he is not required to remain at his workstation. Accertain whether the driver needs to remain at his workstation and that will give you the answer to what mode he should be using.