Hi,Can some one please advise me as to where I can obtain information that supports my belief that transport dept or bosses do not have the right to push or enforce you to reduce a weekly rest period of 45hrs to anything less as I’m under pressure now of a disciplinary for stipulating that I require a full 45hrs! Thanks
Mctavish28:
Hi,Can some one please advise me as to where I can obtain information that supports my belief that transport dept or bosses do not have the right to push or enforce you to reduce a weekly rest period of 45hrs to anything less as I’m under pressure now of a disciplinary for stipulating that I require a full 45hrs! Thanks
Whether or not a company can insist on you having a reduced weekly rest period depends on your contract of employment, obviously you have to have a regular 45 hour weekly rest period at-least every second week and they can’t change that regardless of what’s in your contract.
Yeah I was aware of that as Contracts and Policies was my main employment for 10yrs before returning to the trucks…I’m sure that I have previously read a document detailing that Driving hours,rest etc was a Drivers responsibility and an Employer has no right to over power the driver unless there came a time where the driver was operating outside of the regulations…Further to that I’m sure it had stated that the employer only has the right to request that you reduce but ultimately can not force you too.
In this instance I have just completed my 5 days,with the last 3 spent out and 2 nights ferry crossings,62.5hrs of which both ferry crossing’s were interrupted breaks (ferry movement) and last night being confined to a cabin with some one that snores !
there is a bit in employment law that you can’t be forced to do overtime.
have a read
gov.uk/overtime-your-rights/overview
But note this if you don’t do the hours, there would find a way of getting rid of you for some other reason later on down the road if you get my meaning
there is also the RTD working time when your average hours over a reference period of 17 week as to be 48 hours work, not including rest, break or POA
Hi…Cheers for the idea’s but I have found what I was looking for now embedded in the European Regulations…Fingers crossed now that this works !
Mctavish28:
Hi…Cheers for the idea’s but I have found what I was looking for now embedded in the European Regulations…Fingers crossed now that this works !
There’s something in the EU regulations that means drivers can decide when to have reduced rest periods 
Care to share this information ?
tachograph:
Mctavish28:
Hi…Cheers for the idea’s but I have found what I was looking for now embedded in the European Regulations…Fingers crossed now that this works !There’s something in the EU regulations that means drivers can decide when to have reduced rest periods
Care to share this information ?
I wonder if he is thinking of article 10.1, 2 
This is what I have found in an European Journal…I believe it to be an extract from Regulation 561, although it doesn’t actually say drivers can decide, it does imply and give argument that drivers ultimately have the choice to make ! Especially when you then consider various sections within the Vosa Safe Operators Guide(which I’m currently reading through)…“A transport undertaking shall not give drivers it employs or who are put at its disposal any payment, even in the form of a bonus or wage supplement, related to distances travelled and/or the amount of goods carried if that payment is of such a kind as to endanger road safety and/or encourages infringement of this Regulation.
A transport undertaking shall organise the work of drivers referred to in paragraph 1 in such a way that the drivers are able to comply with Regulation (EEC) No 3821/85 and Chapter II of this Regulation. The transport undertaking shall properly instruct the driver and shall make regular checks to ensure that Regulation (EEC) No 3821/85 and Chapter II of this Regulation are complied with”
I gave up Contracts and Policies some 7yrs ago now but there are still times that I’m ready for a fight…just hoping that my memory serves me right to win this 1 !
Mctavish28:
This is what I have found in an European Journal…I believe it to be an extract from Regulation 561, although it doesn’t actually say drivers can decide, it does imply and give argument that drivers ultimately have the choice to make ! Especially when you then consider various sections within the Vosa Safe Operators Guide(which I’m currently reading through)…“A transport undertaking shall not give drivers it employs or who are put at its disposal any payment, even in the form of a bonus or wage supplement, related to distances travelled and/or the amount of goods carried if that payment is of such a kind as to endanger road safety and/or encourages infringement of this Regulation.
A transport undertaking shall organise the work of drivers referred to in paragraph 1 in such a way that the drivers are able to comply with Regulation (EEC) No 3821/85 and Chapter II of this Regulation. The transport undertaking shall properly instruct the driver and shall make regular checks to ensure that Regulation (EEC) No 3821/85 and Chapter II of this Regulation are complied with”
I gave up Contracts and Policies some 7yrs ago now but there are still times that I’m ready for a fight…just hoping that my memory serves me right to win this 1 !
That document does the exact opposite of supporting your case, using that will just prove their side of the argument. The bit in red confirms they are perfectly within their rights as far as the tachograph regulations go to schedule a reduced rest, weekly or daily, providing it complies with the regulations. If you don’t require a full weekly rest because you only had a reduced in the previous week then them scheduling you to take a reduced weekly rest doesn’t contravene the regulations and meets their obligations to comply with them. The only way you could refuse, unless there is something in your contract to help you, is on H&S grounds but do that too often and they could decide you are not suitable for the job and get rid of you.
Mctavish28:
Hi,Can some one please advise me as to where I can obtain information that supports my belief that transport dept or bosses do not have the right to push or enforce you to reduce a weekly rest period of 45hrs to anything less as I’m under pressure now of a disciplinary for stipulating that I require a full 45hrs! Thanks
Unless your contract of employment states otherwise I’m afraid you’ll find nothing to support your case. This sort of question comes up on here on almost a weekly basis and so far nobody has managed to find anything in law that says you can refuse to do something that is perfectly legal according to the regulations.
Paul
your too tired tell em you aint doing it … welcome to the world of transport . 
Ive had this argument with my boss and we have come to a compromise because he was expecting me to take 9 off in the yard but wouldnt pay me a night out ( which he shouldnt anyway for tax reasons). Now i take 9 hours at HOME, so if it takes me an hour to get home and i know it will only take 30 mins in the morning then i take 10 1/2 hours off, if the load is going to be late because of this i remind him that there is the possibility of giving it to someone else or phoning the customer in the morning and telling them it will be late. Were both happy with this, he knows I’m happy to reduce to 9 up the road but not in the yard.