matto75:
I recently became employed for the first time in 20yrs. When I signed up I signed out of the 10hr+ night working rule, limiting myself to 10hr night shifts as a max (hoping it would discourage them from using me for night work too often). Earlier this week I did a shift for an external contract which, having done it before, I know is easily 12hrs+. The shift began at 16:00. When I finished almost 14hrs later I gently reminded the planner I’d signed out of such shifts & could he please try not to rota me for this contract again. In a very snotty manner I was told it wasn’t a night shift unless the shift commenced between 00:00 & 03:59 & as such this rule didn’t apply. I tried to point out the stupidity of his logic; using his interpretation I could be rostered for 15hr shifts regularly beginning 16:00 even though by any idiot’s definition that’s night working!! As he didn’t have the communal brain cell he didn’t back down.Please can someone reassure me my interpretation is correct; any shift incorporating work between 00:00 - 03:59 is a night shift & therefore should be limited to 10hrs working (for planning purposes) where the driver has opted out of the extension to this rule?
As far as the night time hours are concerned you are correct and the planner was talking rubbish 
If a mobile worker does any work between the hours of 00:00 to 04:00 he/she is classed as a night time worker and unless an opt out agreement is in place is limited to 10 hours working time in a 24 hour period.
(For PCV drivers night time working is any work done between 01:00 and 05:00)
You don’t opt out of the extension you opt out of the 10 hour rule, every mobile worker is limited to 10 hours working time when on nights the only legal way to do more than 10 hours working time on nights is to sign an opt out agreement.
Obviously I’ve no way of knowing what you signed, it could be some company rule that allows you to opt out of the opt out agreement that the company has in place 
