adam277:
Burden is on them to cite the regulation. If you commit a tacho infringement you don’t sign it until it has been fully explained to you why you got issued it. Same principal.
If they can’t clearly explain to you what you have done wrong hours wise then you may do it again.
Also check your contract and see if they can even make you take a compulsory unpaid break.
Do you work for a big firm?
Yes work for a big firm - I’ve left the ball in their court - they can do what they want, I won’t be losing any pay for it that’s for sure.
ROG:
I thought all companies send data to analysis companies and then the company and the driver get a report
We don’t - we download our card via a reader at work and it uploads onto a program management can view and driver can view it via an app (driverFTA)
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This is the system we have too but I still get the reports printed out & I go over any infringements with the drivers - if your report doesn’t show an infringement then you’re obviously not breaking any of the regulations so there’s no issue.
They may well have been doing the job for over 50 years collectively but have they kept up to date with the information?
ROG:
I thought all companies send data to analysis companies and then the company and the driver get a report
We don’t - we download our card via a reader at work and it uploads onto a program management can view and driver can view it via an app (driverFTA)
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This is the system we have too but I still get the reports printed out & I go over any infringements with the drivers - if your report doesn’t show an infringement then you’re obviously not breaking any of the regulations so there’s no issue.
They may well have been doing the job for over 50 years collectively but have they kept up to date with the information?
Doesn’t seem like it. I’m waiting on DVSA and FTA. I don’t understand why they won’t just let me get the alleged infringement then we can take it from there.
dcgpx:
When you had the long break what were the dates ?
Might be you wouldn’t have paid the compensation by midnight so it ‘could’ be an infringement
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What do you mean? The dates are in the images - the way I’ve understood it, compensations can be paid back on the end of 9hrs (providing you have reduced left that week) or even 11hrs for arguments sake. Somebody else I know mentioned maybe you can only pay back up to 24 hours period. Still waiting on DVSAs official response.
dcgpx:
When you had the long break what were the dates ?
Might be you wouldn’t have paid the compensation by midnight so it ‘could’ be an infringement
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What do you mean? The dates are in the images - the way I’ve understood it, compensations can be paid back on the end of 9hrs (providing you have reduced left that week) or even 11hrs for arguments sake. Somebody else I know mentioned maybe you can only pay back up to 24 hours period. Still waiting on DVSAs official response.
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I mean work out each day with start / end of rest periods and see exactly where they fit in and see when/if your compensation is correct
dcgpx:
When you had the long break what were the dates ?
Might be you wouldn’t have paid the compensation by midnight so it ‘could’ be an infringement
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What do you mean? The dates are in the images - the way I’ve understood it, compensations can be paid back on the end of 9hrs (providing you have reduced left that week) or even 11hrs for arguments sake. Somebody else I know mentioned maybe you can only pay back up to 24 hours period. Still waiting on DVSAs official response.
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I mean work out each day with start / end of rest periods and see exactly where they fit in and see when/if your compensation is correct
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So I believe I paid back between wed-sat (having 57:24 away from work) only needed to payback 29:05 (18:05+11:00). On Saturday till Monday I had a weekly rest (51:55).
Having looked at this bit more then yes you’ve got an infringement
As you’ve said you owed 18.05 from reduced weekly 23rd June.
That needed to be paid back latest 3weeks later so “by” midnight 15th
By being the operative word. It must be completed by midnight
That’s means you would have to have started daily rest on Tues 14th at latest 20:55 (9+18:05) to have compensated by midnight Weds 15th or 18:55 if you didn’t have reduced so 11+18:05 and not started work again till after midnight weds 15th
Basically when you put dates and time together it made more sense and you started compensation too late to complete by midnight 15th
dcgpx:
Having looked at this bit more then yes you’ve got an infringement
As you’ve said you owed 18.05 from reduced weekly 23rd June.
That needed to be paid back latest 3weeks later so “by” midnight 15th
By being the operative word. It must be completed by midnight
That’s means you would have to have started daily rest on 14th at latest 20:55 (9+18:05) to have compensated by midnight 15th or 18:55 if you didn’t have reduced so 11+18:05
Basically when you put dates and time together it made more sense and you started compensation too late to complete by midnight 15th
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I understand what your saying - I should’ve been a little more specific - the payback I think was made last week - wed 4th Jul-19:06 till sat 7th 4:30. Over 29:05 off (57:24). Same week for weekly rest started on sat7thJul09:15-mon9thJul13:10 (51:55).
dcgpx:
Having looked at this bit more then yes you’ve got an infringement
As you’ve said you owed 18.05 from reduced weekly 23rd June.
That needed to be paid back latest 3weeks later so “by” midnight 15th
By being the operative word. It must be completed by midnight
That’s means you would have to have started daily rest on 14th at latest 20:55 (9+18:05) to have compensated by midnight 15th or 18:55 if you didn’t have reduced so 11+18:05
Basically when you put dates and time together it made more sense and you started compensation too late to complete by midnight 15th
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I understand what your saying - I should’ve been a little more specific - the payback I think was made last week - wed 4th Jul-19:06 till sat 7th 4:30. Over 29:05 off (57:24). Same week for weekly rest started on sat7thJul09:15-mon9thJul13:10 (51:55).
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That’s the problem- you started daily rest on Weds at 19:06 so by midnight ( when your daily + compensation had to be fully completed) you had only done 4h54m.
Count back from midnight what you owed and it takes you to Tues 20:55 when you should have started rest
ROG:
Seems as though the analyst software is wrong
Can you give us the 6 weeks leading up to this infringement please
You only need to give us all periods of over 24 hours off
Why? The payback period issues started on 23rd June so compensation had to be completed by 15th July midnight . Problem OP had was that this compensation wasn’t completed in time.
Can’t see why 6 weeks prior has anything to do with it as you can’t payback before you’ve done the shortfall. And in times the OP given no rest periods were sufficient in length to pay the compensation prior to Wed 15th but this was started too late
dcgpx:
Having looked at this bit more then yes you’ve got an infringement
As you’ve said you owed 18.05 from reduced weekly 23rd June.
That needed to be paid back latest 3weeks later so “by” midnight 15th
By being the operative word. It must be completed by midnight
That’s means you would have to have started daily rest on 14th at latest 20:55 (9+18:05) to have compensated by midnight 15th or 18:55 if you didn’t have reduced so 11+18:05
Basically when you put dates and time together it made more sense and you started compensation too late to complete by midnight 15th
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I understand what your saying - I should’ve been a little more specific - the payback I think was made last week - wed 4th Jul-19:06 till sat 7th 4:30. Over 29:05 off (57:24). Same week for weekly rest started on sat7thJul09:15-mon9thJul13:10 (51:55).
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That’s the problem- you started daily rest on Weds at 19:06 so by midnight ( when your daily + compensation had to be fully completed) you had only done 4h54m.
Count back from midnight what you owed and it takes you to Tues 20:55 when you should have started rest
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Your explanation doesn’t make sense - just so that dates tally up I’ll give you a run down of the dates. I think you might be looking at the wrong months with the dates.
Reduced on - Sunday 23rd of June
Payback on Wed 4th July till Saturday 7th July
Payback was due by Sun 15th July (midnight)
Payback was sorted prior to due date.
I get your trying to explain but I think you’ve looked at the June calendar not July.
I think I did get my dates wrong last answer so way I’ve understood your times and dates now are :
Week 1
Mon 18th June 13:10-18:40
Tue 19th June. 4:40-17:45
Wed 20th June 14:25-19:05
Thur 21st June 12:35-20:35
Fri 22nd June 14:30-19:30
Sat 23rd June 4:30-09:15
( This is the reduced rest period which needs compensating by midnight 15th July )
Sun 24th June 12:10-22:10
Week 2
Mon 25th June 13:10-18:40
Tue 26th June 4:40-19:40
Wed 27th June 15:30-23:30
Thu 28th June 13:25-19:55
Fri 29th June 14:10-19:30
Sat 30th June 4:30-9:15
Weekly rest 51h55m - Not enough for regular weekly plus compensation so still outstanding 18h05m from previous week
Week 3
Mon 2nd July 13:10-18:40
Tue 3rd July 4:40-19:30
Wed 4th July 14:25-19:05
Rest period 40h55min - Enough to pay back compensation on top of daily rest but not enough to count as reduced weekly and compensation
Fri 6th July 12:00-17:30
Sat 7th July 4:30-9:15
So I would agree you’ve paid back Weds 4th as it looks you’ve have complied.
Unless we are missing something of course!
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