Wtd help?

Hi need a little advise on the wtd , i work for a veichle leasing comany driving anyhing from a car two class 2 rigids. as i dont drive a lot of hgv during week im looking for weekend work . how would i stand on the wtd with regard to working weekends?

Thanks

Davey Boy:
Hi need a little advise on the wtd , i work for a veichle leasing comany driving anyhing from a car two class 2 rigids. as i dont drive a lot of hgv during week im looking for weekend work . how would i stand on the wtd with regard to working weekends?

Thanks

It seems like you are in the same boat as everyone, The WTD covers every kind of Employment, the furore over this bit is that in March it also includes Mobile Workers, ie. US

Try this link:

dft.gov.uk/stellent/groups/d … 22954.hcsp

as i only work 40 hours weekdays ,am i right in saying that i can work a 8 hour sat as this would only be 48 working week?

If you start at eight on a Monday you could do a 10hr Sat as long as you finish by 8pm and still achieve your 36hr weekly rest, but you would need to watch the 90hr rule.

There is a lot to consider here.

Who is affected?
Mobile workers involved in operations subject to EU drivers’ hours regulation 3820/85 are covered by the Road Transport (Working Time) Regulations.
A worker is anyone who provides work or services under a contract, express or implied. A mobile worker is any worker forming part of the travelling staff (typically drivers and crew, but also trainees and apprentices) who is in the service of an undertaking which operates road transport services for passengers or the movement of goods. Mobile workers include drivers who work for hire and reward companies or companies with own account operations.
Typically, this means
drivers of vehicles with a tachograph in them (unless they have an exemption from 3820/85/EC), i.e. goods vehicles over 3.5 tonnes, coaches and inter-urban bus services,
members of the vehicle crew and
any others who form part of the travelling staff.

So on the days that you do not drive vehicles over 3.5 tonnes, ANY work done that day would not count towards the WTD. However, if you even moved a vehicle over 3.5 tonnes, then the time involved would count towards the WTD and the remainder would count as a Period of Availability. Unless it was being ferried/driving to or from a vehicle subject to 3820/85, which, in itself, then becomes a grey area.

Personally, I can’t see the WTD presenting a problem unless the driving of cars was minimal compared to the driving of 3.5 tonnes+ vehicles.

As already stated, the main obstacle would be the current Tacho Regs.

In fact

who is in the service of an undertaking which operates road transport services for passengers or the movement of goods.

I would venture to suggest that you are possibly subject to Domestic Rules and therefore not subject to the WTD.

You would need to be more specific as to your typical working pattern/responsibilities before we can advise further.

Ok wll try an explain a bit more , have been working for a car van truck rental firm for about 2 years , some days drive a people carier all day , other day might drive a tractor or 7.5 ton onee maybe twice to and from our clients premises . but most days it is transit size vans .

Tacho regs i have always operated on eu within this contract but never drive over 4 1/2 hours in a day as we deliver within an hour of our premises in london

Does this help

Davey dont forget your period of availability and breaks dont count towards your 48 working week, so if you are delivering a vehicle and have to wait for a customer to turn up it wont count also you can take any breaks off your 48 hour total as they dont count either.

Having looked (and thought) a bit further then, YES, you are subject of the Working Time Regulations, on ALL of the days that you are working.

But as already stated, Periods of Availability will not count towards the 48 hour (average) week.

Is being ferried in a people carrier work or a period of availability or a break?

If we look at the EU Driver’s Hours Regs than the second driver of a double-manned crew can a take a break whilst the vehicle is in motion, so I would therefore suggest that such activity would also count as an (other) break for the WTR and therefore not count as Working Time.

As part of hour dutys we fill in a drivers log with details all veichles i drive to and where and what time i leave and arrive so if i add up all this time that will be my hours yer?

Thanks for all your help guys

That seems to be a fair way of calcualting yours hours.

Although, if the lattitude permits, then I would suggest adding one hour each day to cover vehicle checks/fuelling/documentation, that way your virtually fireproof.

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Denis F