As an arency driver i am sent to various enterprises. Recently, for the first time, I have been sent to drive a bin wagon. Occassional manual work but mostly stop start driving controlling the hydraulics and watching out for the loaders in the mirror and cctv. All refuse work now seems to have been outsourced by councils and is in the hands of (as far as I can see) one multinational company. Nice people, very efficent and organised. I put my card in at start of duty. All the vehicles are new and have digis. Four hours later, I said to my two loaders that i would have to take a break in half an hour. They said that drivers don’t take breaks or only half an hour at the most. I said that i would be taking 45 minutrs and duly did so. An uncomfortable and silently hostile period was enjoyed. I apologised to them as i respect them as very hard woking, concientious comrades. I also see that they want to get the job done asap so they can get away. A few days later I was sent to another depot and was told that drivers only take ten minutes break. I was also told that tacho laws don’t apply to dust carts. Other drivers who I asked told me that the use of log-books allowed us to do whatever we want. My position is that:
i. I want to keep my licence and avoid breaking the law
ii. I want to finish earlier that the eight hour minimum for which I am paid.
iii. I don’t want to rock the boat
iv. I don’t want to reduce the overall demand for drivers by letting the employer get excessive use out of individual drivers.
If tacho laws don’t apply, why have the tacho fitted?
If it was door to door domestic bin collections then you are on domestic regs and not EU regs.
DonutUK:
If tacho laws don’t apply, why have the tacho fitted?
Because there is always the possibility of that vehicle being used on non domestic regs - bulk collections from business premises is one example
I doubt if anyone is intrested in this but i have just spoken to Mrs Vosaman who says that, driving a >3.5t bin wagon, collecting domestic waste only (otherwise RU rules apply), using a log-book, you have to take 30mins break after driving for 4 hours (not 4.5)
Not sure if this helps or hinders - maybe a GURU can help
If you are driving under the GB domestic drivers’ hours rules (or are an occasional mobile worker)
If you drive a vehicle subject to the GB domestic drivers’ hours rules or are an occasional mobile worker (see text box opposite), you are affected by four provisions under the 1998 Regulations. These are:
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weekly working time, which must not exceed an average of 48 hours per week over the reference period (although individuals can ‘opt out’ of this requirement if they want to);
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an entitlement to 4.8 weeks’ paid annual leave (increased to 5.6 weeks from 1 April 2009);
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health checks for night workers; and
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an entitlement to adequate rest.
‘Adequate rest’ means that workers should have regular rest periods. These rest periods should
be sufficiently long and continuous to ensure that workers do not harm themselves, fellow workers
or others and that they do not damage their health in the short or long term.
The reference period for calculating the 48-hour average week is normally a rolling 17-week period. However, this reference period can be extended to 52 weeks, if this is permitted under a collective or workforce agreement.
The 1998 Regulations do not apply to self-employed drivers (see text box opposite for definition). Please note that this definition is different to the one used under the 2005 Regulations.
VOSA enforces the working time limits and the requirement for health checks for night workers under the 1998 Regulations for drivers operating under the GB domestic drivers’ hours rules (and occasional mobile workers). If you have any questions about matters relating to rest or annual leave, call the Acas national helpline on 08457 47 47 47.
Further information
For further details on the 1998 Regulations, contact the Department for Business, Enterprise and Regulatory Reform on 020 7215 5000 or access their website at berr.gov.uk
Further details on the 2005 Regulations can be found on the Department for Transport website at dft.gov.uk/pgr/freight/road/workingtime/
WTD break regs - not the RT(WTD)R
Rest breaks - a break during your working day
If you are an adult worker (that is, over 18), you will normally have the right to a 20 minute rest break if you are expected to work for more than six hours at a stretch.
Euro:
I doubt if anyone is intrested in this but i have just spoken to Mrs Vosaman who says that, driving a >3.5t bin wagon, collecting domestic waste only (otherwise RU rules apply), using a log-book, you have to take 30mins break after driving for 4 hours (not 4.5)
I cannot find that in the regulations !!
I have had a phone conversation with an ‘impecable’ source.
When on domestic regs you come under the normal WTD not the RTR(WTD) so your breaks are -
Rest breaks - a break during your working day
If you are an adult worker (that is, over 18), you will normally have the right to a 20 minute rest break if you are expected to work for more than six hours at a stretch.
That break covers driving or non driving so as there is no stipulation about actual driving time breaks
I hope that clears things up