It’s probably been covered to death already but does anyone have it bookmarked in black and white where it officially states a driver on rest should not be interrupted by phone calls or whatever else, rather than anecdotal/waiting room talk? I’m wading through guidlines etc now but going cross-eyed, i might be needing to point some stuff out to office bean counters soon and would rather have concrete evidence instead of just say so.
thanks.
Any contact phone or email or text with your office is classed as work as it’s work related due to the fact the call is not voluntary
yep but I want to have it in black and white to counter any arguments along the lines of “how are we supposed to tell you start times/trip details”. If it gets to that point I won’t be worried about practicalities of it, just what the current law is.
ISTR that the regulations state that a driver must be able to dispose of his time freely or something similar, rather than there being any specific mention of phone calls.
I think it’ll be difficult to find…
Anything in black and white anywhere. Bean counters don’t know when you’re having your break, reason it’s very important to contact you during it or the more likely, just couldn’t give a toss anyway.
i find the ‘off/mute’ button works a treat.
Obviously getting work related calls bothers you, simple solutions are
(1)if it a cab phone take your break outside the cab
(2)switch your phone off
(3) if its your phone ignore it if it shows work number
(4) put it in silent mode
(5) your phone, change the number and don`t give your number to the office.
The new GV262 that came out in March 2016 has a new bit added titled BEING ON CALL DIRING A DAILY REST PERIOD. This is what it says:
“Drivers who are on call during any period of legally required rest must at all times be able to dispose of the rest time as they choose. This means that an employer cannot impose any limitations on drivers during such periods, for example requiring them to remain in or close to home or at another location. Drivers must be able to dispose of their free time as they choose (but this does not include undertaking any work where they are under the control of or are fulfilling an obligation to an employer). Being on call may only extend as far as a driver agreeing to answer a call during a rest period but only if the driver so chooses. On receiving a call to return to work drivers may only do so if they have completed the legally required amount of rest or if the work is deemed to be an emergency See Emergencies.”
So if you don’t agree to receiving a call - don’t answer the phone 
or when they ask "where are you " (they already know the answer , your the dot theyre looking at on the computer screen) reply “just about to RESTART” my break " 
shep532:
The new GV262 that came out in March 2016 has a new bit added titled BEING ON CALL DIRING A DAILY REST PERIOD. This is what it says:“Drivers who are on call during any period of legally required rest must at all times be able to dispose of the rest time as they choose. This means that an employer cannot impose any limitations on drivers during such periods, for example requiring them to remain in or close to home or at another location. Drivers must be able to dispose of their free time as they choose (but this does not include undertaking any work where they are under the control of or are fulfilling an obligation to an employer). Being on call may only extend as far as a driver agreeing to answer a call during a rest period but only if the driver so chooses. On receiving a call to return to work drivers may only do so if they have completed the legally required amount of rest or if the work is deemed to be an emergency See Emergencies.”
So if you don’t agree to receiving a call - don’t answer the phone
regarding this.
if i am free to do what i want when on call does this mean i can go down the pub then not get slapped on the wrist for being to drunk to go if they call me in? [emoji14]
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I think a person who needs to ask this question probably doesn’t have a very good relationship with his employer in the first place. By extension, a driver possibly should not get a call or a have to open a text from his employer over the weekend as he is on a rest period, but he would have to be very petty and unreasonable to do this. How else are they supposed to let you know what you are doing next week?
I’m not sure what you are looking for exists. I think you are referring to this court case:
commercialmotor.com/news/hau … art-ruling
Harry Monk:
I think a person who needs to ask this question probably doesn’t have a very good relationship with his employer in the first place. By extension, a driver possibly should not get a call or a have to open a text from his employer over the weekend as he is on a rest period, but he would have to be very petty and unreasonable to do this. How else are they supposed to let you know what you are doing next week?
+1
Is answering the phone for a call really that big a deal? Is that two minutes really worth all the hassle that comes with being parked up for two hours because you restarted your break? You also need to remember if you are going down this very petty route that this works for them as well. Questions such as “why did you take a 50 minute break and not only 45” might get asked. Or they will give you the 15 hr shifts with start times to use your 9 hour reduced rest periods. It works both ways. Do you really want to go down that road for the sake of a phone call?
If the problem is the phone going constantly then a better solution might be to say to them “Ill tell you when im on break and ill call when its finished so you can tell me anything I need to know then”.
Maybe its just me but rather than being an awkward pain in the arse, I always try for a bit of give and take. Theres a difference between being a bend over merchant to a reasonable employee willing to come and go a bit.
I only ever employed one person when I was running my truck and that only lasted eight days because he was so pre-occupied with letting me know what he was and wasn’t prepared to do that he lost sight of the fact that I couldn’t pay him wages if the truck wasn’t earning money.
I think it’s just down to a bit of flexibility in this sort of situation… hopefully on both sides. Legal issues are a different thing mind.
nurglets:
It’s probably been covered to death already but does anyone have it bookmarked in black and white where it officially states a driver on rest should not be interrupted by phone calls or whatever else, rather than anecdotal/waiting room talk? I’m wading through guidlines etc now but going cross-eyed, i might be needing to point some stuff out to office bean counters soon and would rather have concrete evidence instead of just say so.thanks.
I’m 99% sure stobarts gone done for what you’re on about , the issue is where does it all end , if you allow them too ring you they’ll be doing it in the middle of the night when the planner decides too takes your job off you so the night shift driver can get home , they should be informing you of your start time / job before the end of your previous shift but whilst we’ve drivers prepared to answer there phone at any time of the day these firms / planners will continue to take the ■■■■ 
chainmailguy:
if i am free to do what i want when on call does this mean i can go down the pub then not get slapped on the wrist for being to drunk to go if they call me in?
Yes you can go drinking and if called in then as it would be illegal/unsafe to drive … boss will have to wait until you are sober/safe + probably get fired if you agreed to be on call
The-Snowman:
Harry Monk:
I think a person who needs to ask this question probably doesn’t have a very good relationship with his employer in the first place. By extension, a driver possibly should not get a call or a have to open a text from his employer over the weekend as he is on a rest period, but he would have to be very petty and unreasonable to do this. How else are they supposed to let you know what you are doing next week?+1
Is answering the phone for a call really that big a deal? Is that two minutes really worth all the hassle that comes with being parked up for two hours because you restarted your break? You also need to remember if you are going down this very petty route that this works for them as well. Questions such as “why did you take a 50 minute break and not only 45” might get asked. Or they will give you the 15 hr shifts with start times to use your 9 hour reduced rest periods. It works both ways. Do you really want to go down that road for the sake of a phone call?
If the problem is the phone going constantly then a better solution might be to say to them “Ill tell you when im on break and ill call when its finished so you can tell me anything I need to know then”.
Maybe its just me but rather than being an awkward pain in the arse, I always try for a bit of give and take. Theres a difference between being a bend over merchant to a reasonable employee willing to come and go a bit.
Harry, you think wrong, i’ve currently got quite a good, relationship with my employer, things may be changing in the new year and I like to be prepared, I’m not looking to start trouble at all, but don’t like the prospect of going foward on incorrect info.
Snowman, i’m not looking to be petty and I’m of the same opinion, it’s not worth the hassle to reset a break for the sake of answering the phone, at the moment it’s a very mutual give and take relationship, but if it goes belly up and significantly more take than give, then I’m not going to just bend over and take a bean counters size 9 hush puppy up the rear.
I had one previous employer who even after drivers ringing them to say if they had tipped ect, and where they had parked for their daily rest period, because of the lack of communication between office staff, drivers would be woken up to a call asking them what they had already reported , regardless of them using satellite tracking,
A few drivers added 2hrs to their 9hr daily rest, or just turn off the company phone & personal phones or put them on silent once parked up, which was usually in the day early mornings and we were doing multi-manned work, so the calls were not acceptable really, the sms for the details of the reload would be sent later in the day
I have also worked for companies that do look on their tracker instead of ringing you and will txt drivers & very occasionally ring them
nurglets:
Snowman, i’m not looking to be petty and I’m of the same opinion, it’s not worth the hassle to reset a break for the sake of answering the phone, at the moment it’s a very mutual give and take relationship, but if it goes belly up and significantly more take than give, then I’m not going to just bend over and take a bean counters size 9 hush puppy up the rear.
Fair enough mate. Its just there as some out there who seem to go out of their way to be as awkward as possible and Ive never understood the mentality that sees it as an us and them. Ive always found that leeway works both ways. Many a time when I worked fuul time I did the company favours. Things like going from Glasgow to bellshill at 1800 when I thought I was finished for the day or started at 0430 but any time I needed an early finish I always got it and was never refused any holiday requests I put in and sometims theyd give me a drop or collection and id ask for a different one due to length of loading time or whatever and more often than not theyd do it for me. And all the guys who were twisted about things were always moaning about not getting these things all the time.
You’re right though. Its a thin line between give and take and bending over.
shep532:
"Drivers who are on call during any period of legally required rest must at all times be able to dispose of the rest time as they choose. This means that an employer cannot impose any limitations on drivers during such periods, for example requiring them to remain in or close to home or at another location.So if you don’t agree to receiving a call - don’t answer the phone
I suppose as a tramper you could technically be described as being ‘‘on call’’ as such when parked up.
This rule must have been confirmed by being put in writing, to stop some employers telling their drivers how and where to spend their time when parked up. 
Do some actually do this ■■ but more to the point do some drivers actually comply? Surely not:shock: …or come to think of it maybe some do.
Ok tbf, this has never been tried on towards me, but if attempted I would say that when I am on an hourly pay rate for having a night out, that would be the only time when I could be told what to do with my time off, but until then I will continue to please myself.
They would know as well as me that they should NOT be doing this.
As for answering the phone on a night out,… if they have ■■■■■■ me off in some way it does not get answered, if I have been treated fairly it does. 