Pretty sure I opted out of this 48 hour a week crap when I signed up with the agency, or maybe I didn’t bc they didn’t hand me the form but WHATEVER, according to the WTD (gov.uk/drivers-hours . On top of that there’s a 60 hour/week limit regardless of the number of days you’ve worked that week, be it 5 or 6, as I understand it.
On top of that, there are additional limitations for night shift drivers. Then people wonder why no one wants to drive trucks for £9 or £10 p.h…
So at my current job I find myself doing some crazy hours, coughcough, I’ve had an infringement from the company for doing more than 60 hours in a week even though it was a week where I worked for 6 days (and who planned me for 6 days■■? SAME PERSON WHO LATER GAVE ME AN INFRINGEMENT NOTICE?!?!?)
How is one supposed to work around this sort of problems? Park truck on Friday 2 hours from base and phone boss “Ok boss, I’m at 59:58 hours for the week, come get me” or when you have to go 15 minutes over 12 hours because your route takes you through 79 diversions on the M6/A14 you’re again breaking this petty law which doesn’t even seem to be a law anyway?
Download "Trucker Timer " to your phone http://www.truckertimer.com/ and then learn how to set it up and use it . Theres a small cost and a steep learning curve at the start but well worth it . You will be able to tell at a glance how much time you have left . It covers all your daily , weeky and fortnightly limits as well as WTD. If you take a reduced weekly rest it will keep trak of how many hours you need to "pay back ".
beefy4605:
Download "Trucker Timer " to your phone http://www.truckertimer.com/ and then learn how to set it up and use it . Theres a small cost and a steep learning curve at the start but well worth it . You will be able to tell at a glance how much time you have left . It covers all your daily , weeky and fortnightly limits as well as WTD. If you take a reduced weekly rest it will keep trak of how many hours you need to "pay back ".
Thanks but I’m already keeping track of my hours, breaks and rests by doing manual notes in my notebook and scanning my card at home with the free version of tachoplus. My question was about what to actually do when problems arise or are about to like my example of going over 60 hours ? ? ? Refuse to go to work on Friday because you might go over 60, stop truck before 60 and go home, or…? I overheard (absolutely unintentionally) a TM scolding a driver for using POA (it’s a self tip job) sooooo…
So, is the advice you are seeking:
“How can I deal with a company that is expecting me to work beyond the legal max?”
rather than about the hours rules themselves?
Franglais:
So, is the advice you are seeking:
“How can I deal with a company that is expecting me to work beyond the legal max?”
rather than about the hours rules themselves?
This^^^^^^^
Any decent transport company with planners/managers that want to remain compliant should be planning drivers within the law, any that don’t the drivers need to make them aware and/or walk away if they don’t, you are the one that will get it in the neck if the authorities decide you have broken any laws
Franglais:
So, is the advice you are seeking:
“How can I deal with a company that is expecting me to work beyond the legal max?”
rather than about the hours rules themselves?
Both but are they rules or laws and is going over 9 hours in a day (or 10 as the case may be) as serious as going over 60, i.e. enforceability etc. particularly re. the 48 hours weekly average which tehre is NO way everyone adheres to. I wouldn’t say they’re expecting me to, I’d say it was a planning oversight and an error on my part for not alerting them that I was getting close to 60 (I still could’ve stayed under had I finished my shift in 8 hours or less but it took me like 12 that night)
Rules are rules but are they laws and if guidelines are laws then why not call them laws instead of directives, you know who rules by directives- the ■■■■■■■ communist party, that’s who.
Driver`s hours are enforcible in the courts. Same as rules and regs about speeding in cars, make no mistake, they are laws.
Breaking hours rules can be a “level 4 fine” (£2,500 for each count) plus a vocational licence could be revoked by the Traffic Commissioners after the courts have dealt with an offender.
If anyone goes over daily or weekly driving limits they are breaking the law, and risk fines and loss of employment.
.
A “one off” offence may be one thing, but anyone who shows an habitual breaking of hours regs will not get much leeway from police, DVSA, or the courts.
Franglais:
Driver`s hours are enforcible in the courts. Same as rules and regs about speeding in cars, make no mistake, they are laws.
Breaking hours rules can be a “level 4 fine” (£2,500 for each count) plus a vocational licence could be revoked by the Traffic Commissioners after the courts have dealt with an offender.
If anyone goes over daily or weekly driving limits they are breaking the law, and risk fines and loss of employment.
.
A “one off” offence may be one thing, but anyone who shows an habitual breaking of hours regs will not get much leeway from police, DVSA, or the courts.
Ah, okay then. I see clearly now.
But how do people work 60 hours or close to week after week for years…?
Franglais:
So, is the advice you are seeking:
“How can I deal with a company that is expecting me to work beyond the legal max?”
rather than about the hours rules themselves?
Both but are they rules or laws and is going over 9 hours in a day (or 10 as the case may be) as serious as going over 60, i.e. enforceability etc. particularly re. the 48 hours weekly average which tehre is NO way everyone adheres to. I wouldn’t say they’re expecting me to, I’d say it was a planning oversight and an error on my part for not alerting them that I was getting close to 60 (I still could’ve stayed under had I finished my shift in 8 hours or less but it took me like 12 that night)
Rules are rules but are they laws and if guidelines are laws then why not call them laws instead of directives, you know who rules by directives- the [zb] communist party, that’s who.
You can opt out of the 48-hour limit, but you cannot opt out of the 48-hour average. Meaning that if you do more work on account of a seasonal peak, say, it must be matched by a reduction below 48 hours later on.
You also cannot opt out of the 60-hour “long stop” on maximum working hours in any single week.
If you want to earn more money, bargain (perhaps with others) for better rates.
It’s up to your bosses to organise work so that there are proper margins of error and you don’t exceed limits other than in exceptional circumstances. If you’re always working to 15 hours a day, or 60 hours a week, there is obviously no normal margin unless it occurs in situations where you are already parked on a site and can simply shut the curtains until the morning.
I’ve been in situations where unfeasible plans mean limits will likely be exceeded, and at that point I warn people well ahead of time, and there have certainly been occasions on which I’ve simply said it can’t be done and headed back to base.
It’s not the Communist party who devised these rules. It is sensible employers who work to reasonable plans and set up sites at reasonable distances, who don’t want fly-by-nights muscling in with chaotic plans and ridiculous working hours.
We do prattle on about the “regs” and “rules” rather than “laws” so its easy to think of them as mere tick-box things, which they arent.
Depends on the company you work for, but as a general rule, let them know as soon as you think you may be getting close to your hours on any job. Send an email or text so you get to keep a record. If in doubt keep passing the ball back to them. Let them send out another driver or cover the job with another vehicle.
But when your time is nearly up, stop.
Bottom line - it is your licence and your livelihood at stake, you need to know the rules/ regs/ directives as they apply to what you do, break them badly enough and you can wave bye-bye to your licence, your income (and potentially everything that is important to you), you are easily replaceable, most firms/ agencies don’t care about the individual (although some do), just having a bum on the seat, competent or not.
ETS:
Pretty sure I opted out of this 48 hour a week crap when I signed up with the agency, or maybe I didn’t
You didn’t. Drivers cannot opt out of the 48hr average.
On top of that, there are additional limitations for night shift drivers.
You CAN opt out of that.
So at my current job I find myself doing some crazy hours, coughcough, I’ve had an infringement from the company for doing more than 60 hours in a week even though it was a week where I worked for 6 days (and who planned me for 6 days■■? SAME PERSON WHO LATER GAVE ME AN INFRINGEMENT NOTICE?!?!?)
How is one supposed to work around this sort of problems?
Use breaks and PoA to your full advantage, keep a note of what you’ve done. I was in the position where I was down for a 6th shift and on the 5th one I worked out I only had 5hrs left for the 6th. Phoned traffic office, told them I’d only have 5hrs left so they replanned me.
Park truck on Friday 2 hours from base and phone boss “Ok boss, I’m at 59:58 hours for the week, come get me” or when you have to go 15 minutes over 12 hours because your route takes you through 79 diversions on the M6/A14 you’re again breaking this petty law which doesn’t even seem to be a law anyway?
Err it is a law? Perhaps you should go do a DCPC module on EU drivers hours and Working Time Directive.
ETS:
Thanks but I’m already keeping track of my hours, breaks and rests by doing manual notes in my notebook and scanning my card at home with the free version of tachoplus. My question was about what to actually do when problems arise or are about to like my example of going over 60 hours ? ? ? Refuse to go to work on Friday because you might go over 60, stop truck before 60 and go home, or…? I overheard (absolutely unintentionally) a TM scolding a driver for using POA (it’s a self tip job) sooooo…
Or the day before because you know you’re getting close to your hours when they give you your work for the following day say you can’t do it so they need to plan you to get back within the hours you have left?
Quite funny drivers complaining about traffic office muppets when we have this example.
Take full advantage of your breaks and POA as they do not count towards your working time. If you get to a site and they say they can’t tip you for an hour, stick it on POA. Basically pauses the clock on your working time, allowing you to do more hours
