axesore:
Hi everybody!!
I have a question for you all.
As well as driving a Curtainsider by day, I have recently agreed to help a friend out with his Band whilst he finds another Lead Singer.
I don’t get paid for this as I am doing it Voluntarily, however, my employer has said that I can’t do it, as it counts as work.
I dont do it every night, mostly weekends at Pubs, Clubs, Weddings etc.
Are my employers right?
As surely since I am not being paid for it this counts as Voluntary, and is surely no different than if I were to go to the Pub and indulge in a spot of Karaoke?
Or, am I right, and my Employers should stay the hell out of my business after I clock off?
My thanks to you all in advance for your help !!!
I agree with jessicas dad but I suppose there could be many reasons why your employer could know of your out of work activities, especially if he sees you singing in the band.
As your employer does know what you do I would say that you are not under the instruction of an employer and you are freely disposing of your time, as long as this is done on a voluntary basis I think your employer should mind his own business and leave you to mind yours.
I agree with you that what you are doing is voluntary work which is excluded from the definition of work for the RT(WT)R and therefore not classed as work for the drivers hours and tachograph regulations 
Other work for the drivers hours is defined as “working time in Article 3(a) of Directive 2002/15/EC”.
The DFT have decided that working time for the RT(WT)R is as follows.
Road Transport (Working Time) Guidance:
2.2 What is working time?
The Regulations define working time as the time from the beginning of work, during which the mobile worker is at the workstation (typically this means the driver’s cab - but see glossary for fuller definition of this and other terms) at the disposal of the employer and exercising his functions or activities - that is to say:
a) the time devoted to all road transport activities including:
- driving;
- loading/unloading;
- training that is part of normal work and is part of the commercial operation;
- assisting passengers boarding/disembarking from vehicle;
- cleaning, maintenance of vehicle;
- work intended to ensure safety of vehicle and its cargo and passengers (e.g. monitoring loading and unloading - including daily defect check and report);
- administrative formalities or work linked to legal or regulatory obligations directly linked to the specific transport operations under way.
b) time devoted to other activities:
- time during which the mobile worker cannot freely dispose of his/her time and is required to be at the workstation (typically this means the driver’s cab - but see glossary for fuller definition of this and other terms) ready to take up normal work, with certain tasks associated with being on duty (e.g. working in the warehouse, or in an office or doing other activities for the employer);
- waiting periods where the foreseeable duration is not known in advance by the mobile worker, either before departure or just before the start of the period in question.
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.
