Hi Guys
hope someone can help me I am a driver trainer and have been asked this question by one of my drivers.
over this last reference period which is half way through at moment one of my drivers has made 3 manual entry mistakes
which has taken his WTD to 51.25 hours is there any way we can sort this out as he basically has around 40 hours on WTD which he hasn’t done. I know we cant adjust it manually but can I write him a letter on official paper explaining this or will he have to lose out on his hours to pay back.
this has me stumoed as cant find any information anywhere on this.
andy237:
Hi Guys
hope someone can help me I am a driver trainer and have been asked this question by one of my drivers.
over this last reference period which is half way through at moment one of my drivers has made 3 manual entry mistakes
which has taken his WTD to 51.25 hours is there any way we can sort this out as he basically has around 40 hours on WTD which he hasn’t done. I know we cant adjust it manually but can I write him a letter on official paper explaining this or will he have to lose out on his hours to pay back.
this has me stumoed as cant find any information anywhere on this.
Thanks
how can 3 mistakes put him to 51.25 hrs over 13 weeks ( taking it your talking Half of a 26wk period) thats what i’d be looking at
sorry yes we are half way through 26 week ref period he has made a total of 3 manual entry mistakes all 3 he put his rest period down as other work by mistake obviously throwing up several infringements for him, but it has also put his WTD hours over it is at 51 hours it needs to come down to 48 by end of ref period of course but he don’t want to have time off if he can get away with it, I just need to know if there is a way round this or is he basically got to have time off
So he’s booked work on his taho when he’s been off on rest ?
the only thing I can think of is him doing a print out for the 3 days making a note on each then issue him with a letter of his infringements warning him of such.
Not knowing what software you use the company maybe able to over write and comment on the downloads .this would bring his wtd back into line other to that make him take 3 days unpaid leave.
Added ( It would make him pay attention to getting his entries right )
andy237:
sorry yes we are half way through 26 week ref period he has made a total of 3 manual entry mistakes all 3 he put his rest period down as other work by mistake obviously throwing up several infringements for him, but it has also put his WTD hours over it is at 51 hours it needs to come down to 48 by end of ref period of course but he don’t want to have time off if he can get away with it, I just need to know if there is a way round this or is he basically got to have time off
Lets be realistic here … its only a company thing re the RTD because the authorities are simply not interested so with that in mind … If at the end of the ref period the average is 52 then nothing will happen legally but the company can simply cover their own arse by giving the driver or themselves any infringement that is deemed reasonable
andy237:
sorry yes we are half way through 26 week ref period he has made a total of 3 manual entry mistakes all 3 he put his rest period down as other work by mistake obviously throwing up several infringements for him, but it has also put his WTD hours over it is at 51 hours it needs to come down to 48 by end of ref period of course but he don’t want to have time off if he can get away with it, I just need to know if there is a way round this or is he basically got to have time off
Lets be realistic here … its only a company thing re the RTD because the authorities are simply not interested so with that in mind … If at the end of the ref period the average is 52 then nothing will happen legally but the company can simply cover their own arse by giving the driver or themselves any infringement that is deemed reasonable
its a legal requirement ROG just because you don’t know of anyone being done don’t make it right
This was brought in by the EU as a directive and the UK had to make a law to appease the EU so it did but only in so much as to stop the EU fining them for non rule making compliance
There is nowt in the directive which says that countries must prosecute for any breaches
ROG:
A law that is not being enforced is pointless
This was brought in by the EU as a directive and the UK had to make a law to appease the EU so it did but only in so much as to stop the EU fining them for non rule making compliance
There is nowt in the directive which says that countries must prosecute for any breaches
I bet there are many laws on the statute that are not and nor will ever be enforced because they have to be there for whatever reason but serve nothing practical in todays society
ROG:
its only a company thing re the RTD because the authorities are simply not interested so with that in mind … If at the end of the ref period the average is 52 then nothing will happen legally but the company can simply cover their own arse by giving the driver or themselves any infringement that is deemed reasonable
How is a company going to give a driver an infringement for something they have to monitor? They might as well write out an admission of failing to comply themselves ?
andy237:
sorry yes we are half way through 26 week ref period he has made a total of 3 manual entry mistakes all 3 he put his rest period down as other work by mistake obviously throwing up several infringements for him, but it has also put his WTD hours over it is at 51 hours it needs to come down to 48 by end of ref period of course but he don’t want to have time off if he can get away with it, I just need to know if there is a way round this or is he basically got to have time off
If what you say is true, then he’s got far bigger problems than working or not working a few hours to bring his average back in. You’ll be privvy to them three entries, what are they?
I make 3hours a week over, over 13 weeks = 39 hours. Hows that break down?
Besides which, its his employers responsibility to ensure he doesn’t exceed the WTD.
Could it be that he’s done a maual entry over a weekly rest period which included a day of holiday but made a mistake on the mode before confirming the entry? I did this myself and it showed me as being on POA for the whole 3 day rest period & it’s possible this driver may have done the same to show so many hours over a 13 week period.
I’m as frustrated with my error as anyone would be because, although I know I made the mistake I can’t go back far enough in the dates to correct the error. Not many of us are perfect & this driver and myself can’t be the only ones to make such a mistake.
Basilbrush:
Could it be that he’s done a maual entry over a weekly rest period which included a day of holiday but made a mistake on the mode before confirming the entry? I did this myself and it showed me as being on POA for the whole 3 day rest period & it’s possible this driver may have done the same to show so many hours over a 13 week period.
I’m as frustrated with my error as anyone would be because, although I know I made the mistake I can’t go back far enough in the dates to correct the error. Not many of us are perfect & this driver and myself can’t be the only ones to make such a mistake.
BB
As I said earlier. I think within the software it can be altered so the hours will /can be adjusted. then have the driver sign an infringement outlining the mistake.
If you had say worked 4 days taken 2 rest days and a days holiday then worked a further 4 days you would have shown 10 days without Rest , (taking your tacho was sat on POA all that time ), That’s what I would be more worried about ( I’m just saying as an example assuming that you went back to work for a further 4 shifts).
