Hi guys please help me explain this because I not understand. If I start work at 3.00am and I finish after 15.00 pm I breaking 10 hours work night duty? Please see the photos which I attached.
Yes. Any time working between midnight and 4am puts you in the “night shift” arena, hence 10 hours maximum work, unless the company has had the drivers vote for an opt-out under RTD.
Basic Driver Hours WTD/RTD material which should be covered in any half-decent DCPC on this topic
But my route is planned for 10.51 hours. No the paper which they given me is saying start 3.00am planned finish 13.51pm . So company is braking the law? Sending me with that route?
I just checked that trutac app and I have 21 infringement in last month September and all that infringements for brake the 10 hour night duty. This can be some mistake? Or I just start work for doggy company?
How long between start and finish times for shift time total 
Add all the breaks together =
Now take break total from shift total - What do you have as your final answer
As said it depends if you have a 10 hour night rule opt out agreement in force. If you do then you can work more than 10 hours a night, if not you can’t work more than 10 hours a night. Simple as that really.
No need to analyze “why did I get an infringement on this day but not that day”.
Lots of companies also don’t have their tacho software set up properly, for example to ignore the 10 hour rule if an opt out is in place. If it’s not set up right it would issue infringements for it, but you would hope the person handing them out would know that could be the case.
Also never accept or sign an infringement without someone explaining to you, what the infringement is for and how to avoid future infringements.
Did you sign a night worker 10 hour rule opt out when you started with the company or agency whichever it may be? You should know if you did and have a copy of it.
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None of this infringement was given to me to sign. I’m not sure now about that 10h opt out rule I sign. For sure I know I sign that 48h opt out form. But this is something different yes? Or this is that form?
KamTruck88:
None of this infringement was given to me to sign. I’m not sure now about that 10h opt out rule I sign. For sure I know I sign that 48h opt out form. But this is something different yes? Or this is that form?
You can’t opt out of the 48 hour WTD.
You can only opt out of the 10 hour night rule. So it sounds like you have signed a workforce agreement to me.
If you have not been given any infringements to sign then it is likely a software issue, as the tacho software is not set up to ignore it assuming a workforce opt out is in force. If you had 21 infringements somebody would be giving you infringements to sign or speaking to you about it or training or the boot.
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The driver WTD 10 hour night rule is not for the shift total but for the working time total in that shift
simcor:
Did you sign a night worker 10 hour rule opt out when you started with the company or agency whichever it may be? You should know if you did and have a copy of it.
You cannot opt-out of (or opt-in for that matter) the 10hr night working restriction on an individual basis, regardless of whether you are directly employed or working via agency. The opt-out is done on a workplace basis, either by simple majority ballot of the workers or as a result of agreement with the relevant trade union representing the workers at that workplace (and doing that particular work - it is quite possible for say, the warehouse workers to remain opted-in while the drivers are opted-out, or for the Class 2 multi-drop drivers to be opted-in while the Class 1 trunk drivers are opted-out).
Roymondo:
simcor:
Did you sign a night worker 10 hour rule opt out when you started with the company or agency whichever it may be? You should know if you did and have a copy of it.You cannot opt-out of (or opt-in for that matter) the 10hr night working restriction on an individual basis, regardless of whether you are directly employed or working via agency. The opt-out is done on a workplace basis, either by simple majority ballot of the workers or as a result of agreement with the relevant trade union representing the workers at that workplace (and doing that particular work - it is quite possible for say, the warehouse workers to remain opted-in while the drivers are opted-out, or for the Class 2 multi-drop drivers to be opted-in while the Class 1 trunk drivers are opted-out).
Yes I’m fully aware of that, everywhere I have worked at everyone has to sign an opt out form or not sign it. But yes a collective workforce agreement can be in place whether you sign it or not. But I’ve always had a copy to keep.
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