My cousin is a taxi driver part time Monday to Friday 15 hours per week doing school contracts. He’s managed to get a weekend job working for Tesco’s driving their van’s 16 hours Saturday and Sunday.
At the interview he told them he works somewhere else Monday to Friday and they were fine with it. They have now asked him to fill in a form detailing other work undertaken outside of Tesco’s stating he must have a continuous period of 24 hours rest in each week. Obviously he doesn’t have this even though he’d only be working 31 hours per week combined.
What’s the risk in him going ahead with the job with Tesco’s lying to them about the 24 hours rest? I’ve done some hunting around for info and found that he’d be at risk of getting a level 5 fine and possibly 2 years in prison which seems disproportionate.
It’s obviously illegal, the real issue is: Is it really worth the risk?
I wouldn’t worry about the two years jail, and probably not the fine either, what I would be concerned about (if I were the driver in question) is losing their HGV entitlement or their taxi driving accreditation, presumably with the local council? Far more easily done than court action for WTD issues.
Tesco’s, big name company, the kind of place that threaten to sack you for WTD infringements, far more likely to be a problem than a smaller outfit, far more likely to suddenly demand proofs of this, that, and the other.
I’ve had some exchanges online with one of the Tesco TMs, and I get the distinct impression that it’s the kind of place where management exist in their own little bubble and delight in being a royal PITA to those they consider “beneath them”.
Disclaimer: I’ve never worked for Tesco’s, they might actually be all warm and fuzzy towards their drivers, but I for one wouldn’t bet on it.
SteveO76:
What’s the risk in him going ahead with the job with Tesco’s lying to them about the 24 hours rest? I’ve done some hunting around for info and found that he’d be at risk of getting a level 5 fine and possibly 2 years in prison which seems disproportionate.
Does anyone know where he stands legally?
He’s breaking the law. He’s breaking both drivers hours regulations and working time directive. As mentioned a company like Tesco is going to be absolutely on the ball expecting their employees to comply with the drivers hours and WTD regs and binning those who don’t because they need to be seen to be squeaky clean.
The penalties are deliberately disproportionate to discourage it. Yesterday 9pm I drove up the A1M northbound past a van with a trailer on parked on the hard shoulder at Brigham and commented to myself how ■■■■ a start that was to their weekend away. On the way back I passed it on the southbound at 2.30am lit up like Blackpool illuminations with half of North Yorks Traffic Police parked behind it, a car embedded in the back of the trailer, which had hit it so hard it had put the van and trailer in a jacknife position, and three bodies laid out on the floor. What’s the betting that was caused by a tired car driver going away on their holidays after a week at work and a full day’s work where they’ve been up possibly 15-hrs or more already before getting to that point in their journey making a bad decision? And that’s why the penalties are disproportionate.
Your cousin would be better binning the taxi job and taking up Tesco full time.
GB (Great Britain) domestic rules apply in England, Wales and Scotland if any of the following are true:
the maximum weight of your vehicle or vehicle combination is under 3.5 tonnes
your vehicle is exempt from EU rules when driven in the UK
the vehicle is being used in connection with a trade or business
Also…
Daily rest periods
You must take a rest of 10 hours before the first duty and immediately after the last duty in a working week.
You must take a rest of at least 10 hours between 2 working days (or spreadovers) - this can be reduced to 8.5 hours up to 3 times a week.
Fortnightly rest periods
Every 2 weeks you must take at least one period of 24 hours off duty.
GB (Great Britain) domestic rules apply in England, Wales and Scotland if any of the following are true:
the maximum weight of your vehicle or vehicle combination is under 3.5 tonnes
your vehicle is exempt from EU rules when driven in the UK
the vehicle is being used in connection with a trade or business
Also…
Daily rest periods
You must take a rest of 10 hours before the first duty and immediately after the last duty in a working week.
You must take a rest of at least 10 hours between 2 working days (or spreadovers) - this can be reduced to 8.5 hours up to 3 times a week.
Fortnightly rest periods
Every 2 weeks you must take at least one period of 24 hours off duty.
Which he won’t be doing.
Suggest you look again for GOODS vehicles and not BUSES
GB (Great Britain) domestic rules apply in England, Wales and Scotland if any of the following are true:
the maximum weight of your vehicle or vehicle combination is under 3.5 tonnes
your vehicle is exempt from EU rules when driven in the UK
the vehicle is being used in connection with a trade or business
Also…
Daily rest periods
You must take a rest of 10 hours before the first duty and immediately after the last duty in a working week.
You must take a rest of at least 10 hours between 2 working days (or spreadovers) - this can be reduced to 8.5 hours up to 3 times a week.
Fortnightly rest periods
Every 2 weeks you must take at least one period of 24 hours off duty.
Which he won’t be doing.
The second half of this post looks like its for buses on domestic hours?
From GV262
Rest and breaks
Whilst the GB domestic rules make no specific provision for rest periods or breaks, employers are required, under The Working Time Regulations 1998, to ensure that drivers have ‘adequate rest’ (which includes adequate breaks). Adequate rest is defined as being long and continuous enough to ensure that a driver does not harm themselves, fellow workers or others and that they do not damage their health in the long or short term. Taking “adequate rest” means a driver’s personal circumstances need be considered when scheduling duty and driving periods. See the information in Annex 2 at ‘Driving under the GB domestic drivers’ hours rules (or are an occasional mobile worker)’.
As said, there are no weekly rest requirements for goods vehicles under GB domestic.
Tesco are wrong, they could have it as their policy if they want, but it’s not illegal under the WTD or GB domestic as some have wrongly suggested, like conor
Although not breaking any driving regs. he could still be breaking the law by not telling his employer the truth. If he were to be involved in an accident, their insurers may be decidedly unhappy to discover a) that he had failed to disclose, and b) that he was breaking their own internal rules. Therefore he could well be uninsured, and also in breach of his contract.
Obviously a worse case scenario, but often these things only come to light when it is too late.
Personally I say well done Tesco. They are obviously thinking of the welfare of this man and do not want to partake in the flogging of him to death. Working 7 days a week FFS even if only part time hours…you still need at least 1 day off to reset your mind.
msgyorkie:
Personally I say well done Tesco. They are obviously thinking of the welfare of this man and do not want to partake in the flogging of him to death. Working 7 days a week FFS even if only part time hours…you still need at least 1 day off to reset your mind.
No they’d be thinking how they might look if anything bad happened.
But it just so happens that on this occasion it cam be portrayed as looking after someone’s welfare.
if i was in the cousins shoes i would offer to work every sunday then and have sat as my day off. however i wouldnt be working more than 11 hours or doing any split shift. or if i wanted to do both days and i drove a taxi on friday till 6pm for argument sake then i could work 6 pm sat. I know it might be less hours than the person wanted but less hours is better than no hours
Stupidly this can legally be done every day all year driving a LGV on domestic regs
start
drive 1 hour
off 1 hour
drive 1 hour
off 1 hour
drive 1 hour
off 1 hour
drive 1 hour
off 1 hour
drive 1 hour
off 1 hour
drive 1 hour
off 1 hour
drive 1 hour
off 1 hour
drive 1 hour
off 1 hour
drive 1 hour
off 1 hour
drive 1 hour
off 1 hour
work 1 hour
off 3 hours
Back to start
Rest and breaks Whilst the GB domestic rules make no specific provision for rest periods or breaks, employers are required, under The Working Time Regulations 1998, to ensure that drivers have ‘adequate rest’ (which includes adequate breaks). Adequate rest is defined as being long and continuous enough to ensure that a driver does not harm themselves, fellow workers or others and that they do not damage their health in the long or short term. Taking “adequate rest” means a driver’s personal circumstances need be considered when scheduling duty and driving periods. See the information in Annex 2 at ‘Driving under the GB domestic drivers’ hours rules (or are an occasional mobile worker)’.
Or can you suggest why not?