how seriosly is that viewed 
started fri at 3.30 a.m and finished 17.30 p.m [ 14 hrs ] , totalled every thing up and came to a total of 10 hr 34 working and 3 hrs 26 break , didnt realise i was any way near it , but the job just gotmore and more added to it as the day went on [ i was panicking about the 15 hrs rule not even thinking about 10 hr night rule]. only realised when i added it up , and double checked as i couldnt believe it .
only had 1 infringement in 9 months for wrong date so doubt its the end of the world but i just wonder how that specific rules viewed.ta
I was under the impression that the 10hr rule only applied to people who were regularly starting between 0000 and 0400.
Even then, it can but opted out of. Thats the way I read it anyway.
Darby Flyer:
I was under the impression that the 10hr rule only applied to people who were regularly starting between 0000 and 0400.
No - The working time of a mobile worker, who performs night work in any period of 24 hours, shall not exceed 10 hours during that period. - that applies whether it is a regular occurrence or a one off. Those times apply to goods vehicles, for passenger vehicles it is 01:00 - 05:00.
Darby Flyer:
I was under the impression that the 10hr rule only applied to people who were regularly starting between 0000 and 0400.
If you work anytime between the hours of 00:00 to 04:00 then you’re considered a night worker, for that night anyway.
Darby Flyer:
Even then, it can but opted out of. Thats the way I read it anyway.
The 10 hour rule can be opted out of if there’s a workforce agreement in place.
How seriously VOSA would consider going 34 minutes over the 10 hours, I’ve no idea but if your records are otherwise good I can’t believe it would be a hanging offence so I wouldn’t lose sleep over it 
I was confused by this legislation too. A while ago I worked at a place and my hours were 9PM to 7AM, but I ws often forced to work late. I was under the impression that I could only work 10 hurs max as I was classed as a night worker but the boss reconed it only applied If I started work between the hours of 00.00 and 05.00. Caused a few rows with me going home and them insisting I had to go out on the road again. Who was in the right?
Lankytim:
I was confused by this legislation too. A while ago I worked at a place and my hours were 9PM to 7AM, but I ws often forced to work late. I was under the impression that I could only work 10 hurs max as I was classed as a night worker but the boss reconed it only applied If I started work between the hours of 00.00 and 05.00. Caused a few rows with me going home and them insisting I had to go out on the road again. Who was in the right?
If there was no opt out agreement in place then you were right, technically if you work 1 minute between the hours of 00:00 to 04:00 for goods vehicles or 01:00 to 05:00 for passenger vehicles you’re considered to be a night worker and therefore subject to the 10 hour rule, you don’t need to have your starting time between those hours, you just need to work any time between those hours.
Proof of this can be found here
4.2 What is night time?
Night time is the period between midnight and 4am for drivers and other mobile workers on goods vehicles and 1am and 5am for those on passenger services. Employers and workers cannot choose a different period.
If a mobile worker does any work during the night time period, they will be subject to the night work limit. The night work limit can only be exceeded where this is permitted in a relevant agreement - (see Section 7.1 - “relevant agreements”).
4.3 What is the working time limit for night work?
Unless you have a relevant agreement, workers are limited to 10 hours work (i.e. working time) over the 24 hour period. As with the other working time limits under this legislation, breaks and periods of availability are not included in the 10 hour limit.
The 24 hour period is very important, and should not be confused with 10 hours night work per day. This prevents a worker starting slightly earlier on the following day, unless they did less than 10 hours work on the previous day.
Thanks for that, I wish I was sure of the position at the time as I was sent an open letter stating I didnt know what I was talking about, plus a few insults thrown in for good measure. I would have sent a letter back stating the exact rules and asked the TM to shove his overtime up his bottom (in a nice way).
Who doesnt know what theyre talking about now eh, NIGHTFREIGHT??
I was once told by a VOSA officer with whom I made contact, that “to be honest as long as your EU tachograph hours are ok and you have your breaks, that is all that we’re concerned about. I know I don’t look at the WTD too closely if the other is in good order”
Whether this is a national way of doing things I don’t know, but I know of a lot of firms that don’t take the WTD seriously, and also I’ve never heard personally of anyone being prosecuted for offences.
Limestone Cowboy:
I was once told by a VOSA officer with whom I made contact, that “to be honest as long as your EU tachograph hours are ok and you have your breaks, that is all that we’re concerned about. I know I don’t look at the WTD too closely if the other is in good order”Whether this is a national way of doing things I don’t know, but I know of a lot of firms that don’t take the WTD seriously, and also I’ve never heard personally of anyone being prosecuted for offences.
I would imagine that would be quite common throughout m8, problem would be if your records were checked due to an accident, I imagine exceeding night time hours would be considered on the same par as exceeding daytime hours then.
Also I wonder how long it will be before the EC starts forcing VOSA to produce statistics of WTD record checks and infringements found, personally I think it’s just a matter of time.