Working time does not include......... emergencies

Well its news to me at least.

Yes yes, I have read the advice on the DoT website and under emergencies it states that its about the safety of the load, for road safety and if an enforcement or police order you, then you can go over your hours & only you can decide this iws the case.

Ive just got through my advice from my employer and it gives a list of things not included by working time and on of them is emergencies.

Aparently they think that if an emergency comes in and Im required to attend this does not count as working time.

Ive read the regulations and can find nothing to let me get away with this, let alone my company telling me to go over my hours.

Personally im going to get them to write it down and signed that they have told me this, because this is about the only area that a driver can be prosecuted without company blame.

Is there anything in these regs or the 1998 regs covering this?

  1. Emergencies
    Employers must schedule work in such a way that workers are able to comply with these regulations. However, provided road safety is not jeopardised, and to enable the worker to reach a suitable stopping place, the mobile worker may depart from these rules to the extent necessary to ensure the safety of persons, the vehicle or of its load. It only applies in cases where it unexpectedly becomes impossible to comply with these regulations.

It is for the mobile worker to decide whether it is necessary to depart from the working time rules (taking account of ensuring road safety in the process, and any instruction that may be given by an enforcement officer (for example under Police ■■■■■■). The driver (or mobile worker) should record all the reasons for doing so. Repeated and regular occurrences however might indicate that employers were not in fact scheduling work to enable compliance with these regulations.

There are two instances that I can immediately think of where this is likely to apply,

The first is on the last day of Week 17, where you are stuck in traffic and reach a total of 712 hours. Not very likely to ever happen, but theoretically possible.

The second is where you have spent the first, say, the first three hours of your working day loading/yard duties, etc, and then set out on a journey that would normally take about 2 1/2 hours but, because of unforeseen traffic delays, takes longer than three hours, thereby ‘triggering’ the requirement to take a minimum break after 6 hours.

What they are probably referring to, and possibly mis-reading is,

However, time spent on voluntary activities (e.g. driving a vehicle on Gala days) does not count toward the working time limits. In addition, time spent performing activities for the emergency services or Armed Forces (such as being a retained fire fighter, special constable, and duties performed whilst being a member of the reserve forces (Territorial Army etc) should not count toward the limits under the these Regulations.

I can envisage that the only training most companies will have had is to attend a Seminar or Presentation hosted by private trainers within the Business sector. After all, these Regs have provided them with an ideal opportunity to make easy money. And of course, these trainers will have handed out various bits of paper highlighting the main points.

The problem arises at the Q & A stage where, these people having little or no involvement with Road Haulage, are presented with unexpected questions, and have to rack their brains to provide an answer ‘on the hoof’, or simply that a member of the audience has gone away with a distorted version of what they heard.

At least here, the answer is researched before it is given. :laughing: But, even then, we could still be proved wrong. :unamused: