WTD and the rolling 45hr week

ASK THE EXPERTS SAFETY, LAW AND WORKING TIME DIRECTIVE FORUM (INTE
1

I am an agency driver. I started working for the current company last week (just finished my second week on Friday)

As last week included a bank holiday I only worked for 4 days and totalled 47hrs working time.

This week I worked 5 days and did 56hrs and 15 minutes working time.

I can’t see my hours getting much less due to my deliveries being 2hrs away from my depot (4hrs round trip at least)

Now I am not going to average 45hrs working time over a 17 week period on average.

So what can I do about it and ultimately is it my responsibility or the company’s or both of ours■■?

2

Firstly it’s a 48 hour avareage, not 45, so straight away you’ve got an extra 3 hours to play with :smiley: . Secondly, (and I stand to be corrected on this) how you are employed as an agency driver makes a difference to whose responsibility it is to monitor your hours; if you operate as a Ltd Co then it is your responsibility to monitor your hours, if you work PAYE for the agency the responsibility becomes your employers.

Of course I could be very mistaken, but that’s always been my understanding.

Edit to add; I’m sorry if this sounds patronising, it’s not my intent I can assure you, but are you sure that you are doing the maths correctly with regards to your working time? The reason I ask is because I can often book over 60 hours per week but still have an actual working time in the low 40’s. Break and POA are not counted towards your total.

3

Ok so it’s 48 cool.

I am PAYE so it’s my employer who’s responsible for how many hours I work that helps.

Now is my employer the agency, or the actual company that I’m driving for?

I don’t use POA anymore as it messes me up and resets my driving time and I loose track of where I am with breaks and stuff.

I have removed my breaks, what’s why I called it working time. My driving time is like 6hrs or so a day so I’m in the clear there. It’s just my total shift time I’m worried about.

Plus I’m not happy with the amount of hours I am working as there is no work/life balance.

I should also add that the position is ongoing or I would not be worried as I’d move on to another agency job and all would be fine I’m sure

4

Why worry about the WTD when the authorities are not bothered about it :question:

As the driver you simply give your hours to the companies and agencies you work for and then forget about it

As long as you keep within the EU tacho rules then no worries

5

ROG:
Why worry about the WTD when the authorities are not bothered about it :question:

As the driver you simply give your hours to the companies and agencies you work for and then forget about it

As long as you keep within the EU tacho rules then no worries

Really? Then what is the point of the WTD rules■■?

6

oldwelshdude:
Really? Then what is the point of the WTD rules■■?

Opinions differ. If you’re the type of driver who sits bolt upright holding the wheel at ten to two for your entire shift and fully embrace and agree with every diktat and mission statement from your “betters” then you’ll love and defend all things WTD. If however you live in the real world you’ll treat with contempt all things committee based and disregard it.

Cue the usual fannies defending it.

7

It was a question only. I’m not defending it at all. Just wondered if no one cares the what’s the point of it■■?

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8

oldwelshdude:
It was a question only. I’m not defending it at all. Just wondered if no one cares the what’s the point of it■■?

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There is no point to it but the EU made the UK adopt it so we did but the EU did not say we had to enforce it which is why the DVSA have no sanctions for WTD breaches