Hi brothers and sisters of the trucking fraternity, I need a little advise…
So I’m working through an agency for a large and reputable haulage firm delivering to shops on a night shift. The issue I have is we (permanent drivers also) are given a rough time to be in, but due to the second party (ie firms client) warehouse the trailers are not being loaded on time. We are expected to sit around at home waiting for a text message/phone call to say our trailers are ready and can we make our way in. Whilst I understand that from the firms point of view they don’t want us going over the 15 hour rule otherwise the jobs would not get done.
Now in my 19 years of working with eu drivers rules I’ve never come across this before and cannot find anything in the rule book saying it is illegal to work drivers like this. Sometimes actual start times can be 3-4 hours after the rough start times. Can anyone clear this up for me or point in the direction of any legislation.
Peace out brothers and sisters, let’s get to the bottom of this,
The Wizard
Are you paid for this time? Are you free to do as you please during this time?
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matto75:
Are you paid for this time? Are you free to do as you please during this time?Sent from my iPhone using Tapatalk
Hi Matto, no I’m not payed for this time and as I’m sat at home waiting for said text/phone call I wouldn’t say I’m really free to do as I please.
But it has just occurred to me that the permanent drivers are salaried…
I work a similar pattern, shifts tend to start during the same 4 hour window everyday but I’m not notified of precise time until late morning that day. It works for me so I don’t rock the boat too much, however if I feel the notice is too short I will occasionally call in and tell them I’m commuting in from a different location and won’t be there until X O’clock. When this is disputed I point out it is my time to do as I wish with (& go where I like) and if they want to pay me to be on call I’m happy to invoice them. I guess it’s up to you to decide if it works for you and to treat your time as just that…
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Ok so update, I’ve just received a text message during my rest period asking me to be in for 2015 (exactly 11hr rest) and my rough start time was scheduled for 2100.
Not unreasonable? The only thing I would say is that 9hr daily rest is your choice, not the company’s.
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A matter of interpretation perhaps, I would read this as being the Driver’s choice as it refers specifically to “you" rather than the company. Following legislation is always ultimately the driver‘s responsibility.
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I won’t profess to speak with any particular knowledge on this matter, wiser people than I will speak with greater authority I’m sure. I will say however that even here the legislation refers to an 11 hour break. The break is technically a 9 hour break because the legislation refers to a 24 hour period.
My understanding of the intention of this part of legislators to give a bit of breathing space to those shifts that go pear shape and are unexpectedly extended. It presumes a consistent start time and a shift unexpectedly being extended beyond 13 hours. While an employer could schedule a driver immediately after a 9 hour daily rest, the driver is fully entitled to insist on their full 11 hours. Furthermore, if anything happened during the subsequent shift, the first thing DVSA & police would be asking would be is this driver fatigued. If the driver stated they agreed to a reduced break under duress (fear of dismissal, etc.), the operator’s licence could be reviewed. Therefore I stand by my earlier comment that a reduced break is the driver’s choice. I remain, as always, happy for wiser folk to advise me differently.
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the agency are just making a complete fanny out of you as you seem to be taking it
you should have a start time to go in at.
if you then have nothing to do,then thats their problem,not yours.
your just being the doormat for the main companies incompetence.
away and get a real job where your not just a kebab in a hi viz.