OllieNotts:
I’ve managed to get the mobile number of vosa inspector from Sheffield I’ll be ringing once I’ve been and picked me car up from said company.I’ll post what he says later.
Why?
What was the point in posting on here, it seems to me you had every intention of contacting VOSA no matter what was said on here?
No doubt other Agencies in Notts will be warned about you and your ‘work’ will dry up pretty fast. You may be right, but ■■■■ stirring is not going to help anyone, least of all you.
Get real and grow up eh? I guess that attitude is why the rules are enforced so hard these days. And also why vosa men have such an attitude problem with certain drivers? Why should I sit in a room or a hire truck for a few hours and not get paid for 9 which is a whole day unpaid after tm agrees its against the rules? I never asked what you would do I asked about the legality of it, and on that basis it looks like I’m right
As the OP chose to remove his card, there is nothing illegal about it
As has already been mentioned on here, the dealer would have let the OP sleep in one of the sales units, I have had it when my turbo went ■■■■ up, they fixed the new turbo pretty quick, but then they had to remove the intercooler to clean it out
Regarding the noise of the trucks going in/out of the workshop, do I take it that the OP has never done nights out and slept in either layby’s or MSA’s then? They are just as noisy
Food would have been within wealking distance from the workshop too, and most dealers would lend the driver a van in those circumstances
I can’t really see where the problem is
And as for being paid, I wouldn’t expect much from either the company or the agency as you walked off the job and abandoned the vehicle, costing the company more expense to recover it
If you had been an employed driver in that situation and had done what you did, you may well have been looking for a new job as youy would have been deemed to have walked out on the current one
At dino I was going to ring for peace of mind, I don’t need to now I never had intention of telling them the company or agency name I’m not a grass. I’ve spoken to an agency this morning who think I was right in pulling out and and the agency I’m with or at least was are know in nottingham to do this kind of thing as they’ve had drivers go with same story before. I may be wrong and maybe not cut out for being a driver if it means 20 hour days with only half of it being paid
OllieNotts:
Get real and grow up eh? I guess that attitude is why the rules are enforced so hard these days. And also why vosa men have such an attitude problem with certain drivers? Why should I sit in a room or a hire truck for a few hours and not get paid for 9 which is a whole day unpaid after tm agrees its against the rules? I never asked what you would do I asked about the legality of it, and on that basis it looks like I’m right
The 9 hours unpaid that you keep referring to would have been paid as night out allowance
If you are planned on a 2 day run, you do not get hourly pay through the time you are not working
So, in effect, you would have been paid 2 days plus a night out
You did have options for sleeping, but you didn’t weant to take them, you chose to ewalk out halfway through the job
That’s almost what I’m doing at the moment Rog; slept Sunday night, awake all of Monday until about 10:30pm work started 02:00 this morning, done by 09:30 now can’t sleep and it’s the same procedure for the next two days. Not good at all but there’s nothing I can do about it.
ROG:
I’ve mentioned this twice on this thread but no-one has commented on it
How many on here could get a full nights kip then be up for a few hours and then get another full kip in readiness for a full or part time shift
not me rog.
i would,nt have pulled my card when the op did. once the “gaffer” had said “stay with it” id have stayed, card in, ( i only go to work to earn money, its my time so someone pays for it.).then when the garage informed me the vehicle would,nt be ready before the end of my shift i would have phoned the gaffer again and let him know the score. i would have asked the garage about kipping in one of their trucks if i had my night out gear with me or if i did,nt have any gear i would have gone to a hotel,b+b or something providing the gaffer was paying for the night out and then collected the truck in the morning after my 9 or 11 hours rest. only when the gaffer knew and agreed with what i was doing would i have pulled my card.
as said, i go to work to earn. if the truck breaks down its one of them things (unplanned) so unlucky that i have to have the night away. the night out money covers my expenses, because thats what its for and i get paid for the next days shift aswell. simples.
There are plenty of drivers that have done that ROG, myself included
Although, the question itself is irrelevant, there is no law that states thet you must sleep in your daily rest period, it is time off to do as youy will, in thius case, the OP 's will ewas to sit in a waiting room
dave:
i would,nt have pulled my card when the op did. once the “gaffer” had said “stay with it” id have stayed, card in, ( i only go to work to earn money, its my time so someone pays for it.).then when the garage informed me the vehicle would,nt be ready before the end of my shift i would have phoned the gaffer again and let him know the score. i would have asked the garage about kipping in one of their trucks if i had my night out gear with me or if i did,nt have any gear i would have gone to a hotel,b+b or something providing the gaffer was paying for the night out and then collected the truck in the morning after my 9 or 11 hours rest. only when the gaffer knew and agreed with what i was doing would i have pulled my card.
as said, i go to work to earn. if the truck breaks down its one of them things (unplanned) so unlucky that i have to have the night away. the night out money covers my expenses, because thats what its for and i get paid for the next days shift aswell. simples.
That is sensible and is what I would have done but in this case the company was insisting that the truck got rolling as soon as it was fixed which, even if it could be done legally, put the OP in a position of being too tired to drive due to the cirumstances
ROG:
I’ve mentioned this twice on this thread but no-one has commented on it…
How many on here could get a full nights kip then be up for a few hours and then get another full kip in readiness for a full or part time shift
This is a good point (ROG and I agreeing on something - wtf!). The first mistake Ollie made was pulling his card out as that left him down a dead-end street with no other options. Although technically he was on break while the truck has being fixed, the problem with doing this is that it gives the company ammo to tell you to make it into a 9 and then crack on, and this is what happened.
Put in the situation myself I would have stood my ground and given the company 3 options:
Send someone out to me to pick me up and take me back to the yard + I want paying for all hours up until I arrive in the yard.
Agree to pay my travel expenses for me to make my own way home + I want paying for the time that takes.
Arrange with main dealer for me to be allowed to sleep in one of their sleeper units overnight and I will clock off now and start at 5am in the morning after my normal sleep + I want paying up until the time I clock off + reasonable overnight allowance (~ £20) + normal hourly rates tomorrow.
I think all of those are more than reasonable requests.
Alix’s option of taking a couple of hours sleep and then starting again at 10pm would simply be a **non-**option for me. As Rog says, you wouldn’t be able to sleep at that time of the day anyway because you wouldn’t be tired and aside from only 2-3 hours kip being neither use nor ornament, when you start again at 10pm you’ll feel like you haven’t slept and will be nodding at the wheel come the early hours. You’d basically be doing a day shift and a night shift back to back and there’s no way that’d be happening unless they suddenly bumped the hourly rate up to £50/hr or something .
If i was put in that situation,i would of done one of two things,
option 1, i would of rang the agency if that was my employer at the time and asked for this to be made worth my while =extra ££££ for my trouble
or better still
waited until the vehicle had been repaired, parked it in there yard or somewhere near pulled the curtains shut and got my head down, then after my 9 hours off, done the job
I have worked for your ■■■■ takers before unfortunately there are quite a few of em out there, there was one such company who would always ring you part way through your rest period waking you up, so we decided to simply extend out rest period by the 2 hrs and told them if they rang again that it would be extended again , they didn’t ring again as it can be difficult enough to sleep in a truck during the daytime in high temps in euroland sometimes
OllieNotts:
Get real and grow up eh? I guess that attitude is why the rules are enforced so hard these days. And also why vosa men have such an attitude problem with certain drivers? Why should I sit in a room or a hire truck for a few hours and not get paid for 9 which is a whole day unpaid after tm agrees its against the rules? I never asked what you would do I asked about the legality of it, and on that basis it looks like I’m right
The 9 hours unpaid that you keep referring to would have been paid as night out allowance
If you are planned on a 2 day run, you do not get hourly pay through the time you are not working
So, in effect, you would have been paid 2 days plus a night out
You did have options for sleeping, but you didn’t weant to take them, you chose to ewalk out halfway through the job
I did not choose not to sleep, how can I go to sleep in the middle of the afternoon in prep for what could turn into a 10 hour night shift? You are also assuming a few things. Firstly you do not know if I have already wrote manual entries onto my tacho in which case I am still working at 6pm. Secondly, it was a showroom or sales garage it was a workshop. There was a couple of sheds and a yard full of units in and out of these sheds being worked on non stop from what I could see there were no vehicles lying around being unused like hire vehicles or show room vehicles. Also I see what you are saying about the 9 off and claiming for a night out but at whatever time I got back into the lorry I suspect after the way they have carried on I would then be told to go wales anyway as I will be there quicker and after nil to little sleep it would of been suicide. Whose fault is that I fall asleep at the wheel at 2am due to not sleeping well for so long? MINE, and if I killed a member of your family you would be the first to question why I bent the rules to get the job done. The taco was not ripped out to finish my shift as I had not finished my shift if I had I would of been on the train at 1pm not 7 and manual entries written on the tacho that match up with the time I have spent AT WORK in this case waiting for the truck to be finished working on. I only found out at 6pm that they expect me to sleep in the waiting room untill 10pm only 4 hours later, would you take 4 hours rest before next driving period? If you answer yes then I am shocked, it is ridiculous and the days of old where you wrote your own book are gone with the dark ages due to it being UNSAFE which ever hard man way you put it
tommy t:
If i was put in that situation,i would of done one of two things,
option 1, i would of rang the agency if that was my employer at the time and asked for this to be made worth my while =extra ££££ for my trouble
or better still
waited until the vehicle had been repaired, parked it in there yard or somewhere near pulled the curtains shut and got my head down, then after my 9 hours off, done the job
I have worked for your ■■■■ takers before unfortunately there are quite a few of em out there, there was one such company who would always ring you part way through your rest period waking you up, so we decided to simply extend out rest period by the 2 hrs and told them if they rang again that it would be extended again , they didn’t ring again as it can be difficult enough to sleep in a truck during the daytime in high temps in euroland sometimes
They want truck on the road not me sleeping in it past 10pm, also tried saying they would pick me up at 8 as had lads on standby to leave and fetch me(at 5pm) and expected me to make the journey back for free Why didnt they just send the lads at 5 so I could of been back on time or there abouts? Other lad could of sat waiting for the unit to be finished and job done, but they wanted me to sit there and wait so their lad didnt have to.
Thetaff:
why did you pull your card at 1pm when you knew had until 8pm for them to fix it
I didnt know, they said 4 hours but wouldnt give me a time of when work would start. I pulled the card so it didnt get left in the tacho on bay as I didnt think they would allow me to jump in the cab and start the ignition to get tacho out if they were half way through fitting something. This would of meant not being able to tilt cab back into place and get my tacho out so I thought ahead and wrote manual entries on the back as I am meant to when AT WORK, much like the numpties at belle eau park should of done
OllieNotts:
How do I ask to be paid? 5am to 1830 when I walked plus bus/train/tram to get home?
Thats what i would do.
OllieNotts:
They said if I had pulled my card at 1pm as I did as I knew I wouldnt be back on road that I only had to wait till 2200 to be back on it when I could complete job and get back despite no rest as and I quote “you have been sitting round for hours its the same as rest” and then back to Belle eau park and home. When I said that will be near on 20 hours at work by time im finished he said “no it wont, 2 cards in one day 9 off UNPAID means it is to your benefit” Needless to say I will not be working for these cowboys again, I value my license more then that.
I like that take on it. Their truck is broke and they have a day driver in it, its their problem. But they cleverley switch it around so that having to do a 20 hour day is your problem.
OllieNotts:
Or am I being mardy? I am having doubts as to wether this is normal practise or not and the law counts for nothing or was I right to stick to my grounds and refuse to bring it back and get the train?
Any advice greatly appreciated and yeah I know I didnt bend over when I could of done as chances caught are slim but I would also appreciate not being hammered for this
