I’m sure this has been covered before, but I can’t find it and I’m confused!
I know (at least, I think I know) that if you drive under EU regs in any fixed week, you need to keep charts (or digicard entries) for the entire week. What happens then if, say, Monday and Tuesday I work outside the scope of the regs, and then Tuesday evening I get a surprise call from an agency asking me to drive on Wednesday? Do I then need to get a couple of charts and try and remember my erratic start/finish times and breaks for the first two days?
Technically I think you do, yes. If this is something that is likely to happen you should prepare yourself by keeping a note of the hours in case you need them later in the week.
OK, thanks guys. One more question: If, in this example, I was driving with a digital tacho on the Wednesday, would it be correct to just make a single manual entry for each of the non-driving days designated as ‘other work’ from my start time to finish? Or should I use analogue charts instead? I’m just thinking this might imply that I haven’t had the appropriate breaks under the WTD for those days.
alexc:
OK, thanks guys. One more question: If, in this example, I was driving with a digital tacho on the Wednesday, would it be correct to just make a single manual entry for each of the non-driving days designated as ‘other work’ from my start time to finish? Or should I use analogue charts instead? I’m just thinking this might imply that I haven’t had the appropriate breaks under the WTD for those days.
Yes you could make manual entries using the digi tacho, easier than using charts as no writing to be done and don’t have to worry about keeping charts safe, that’s what I would do. You don’t need to record WTD breaks for those days as the other work doesn’t count toward our WTD. If you wanted to you could take a printout for those days and note on it that they are non driving days to explain the lack of breaks but it’s not necessary.
alexc:
OK, thanks guys. One more question: If, in this example, I was driving with a digital tacho on the Wednesday, would it be correct to just make a single manual entry for each of the non-driving days designated as ‘other work’ from my start time to finish? Or should I use analogue charts instead? I’m just thinking this might imply that I haven’t had the appropriate breaks under the WTD for those days.
Yes you could make manual entries using the digi tacho, easier than using charts as no writing to be done and don’t have to worry about keeping charts safe, that’s what I would do. You don’t need to record WTD breaks for those days as the other work doesn’t count toward our WTD. If you wanted to you could take a printout for those days and note on it that they are non driving days to explain the lack of breaks but it’s not necessary.
would the op be required to follow the break requirements for the standard WTD to make sure the 6 hour rule and the minimum break of 20mins was taken
take a 20-minute break if their shift lasts for more than six hours
delboytwo:
would the op be required to follow the break requirements for the standard WTD to make sure the 6 hour rule and the minimum break of 20mins was taken
Probably, but all he needs to show for the EU Driver’s Hours regulations is his start and finish times for those days, no more detail than that is required and these records are not being made for the normal folks WTD. That, coupled with the fact the question isn’t about the regular flavour WTD, is why I didn’t mention them.
delboytwo:
would the op be required to follow the break requirements for the standard WTD to make sure the 6 hour rule and the minimum break of 20mins was taken
take a 20-minute break if their shift lasts for more than six hours
I think you’ll find that is RECOMMENDED and not a STATUTORY break
delboytwo:
would the op be required to follow the break requirements for the standard WTD to make sure the 6 hour rule and the minimum break of 20mins was taken
take a 20-minute break if their shift lasts for more than six hours
I think you’ll find that is RECOMMENDED and not a STATUTORY break
it is Rog its the law as being since 1998
(1) Where an adult worker’s daily working time is more than six hours, he is entitled to a rest break.
(2) The details of the rest break to which an adult worker is entitled under paragraph (1), including its duration and the terms on which it is granted, shall be in accordance with any provisions for the purposes of this regulation which are contained in a collective agreement or a workforce agreement.
(3) Subject to the provisions of any applicable collective agreement or workforce agreement, the rest break provided for in paragraph (1) is an uninterrupted period of not less than 20 minutes, and the worker is entitled to spend it away from his workstation if he has one.
(4) Where a young worker’s daily working time is more than four and a half hours, he is entitled to a rest break of at least 30 minutes, which shall be consecutive if possible, and he is entitled to spend it away from his workstation if he has one.
(5) If, on any day, a young worker is employed by more than one employer, his daily working time shall be determined for the purpose of paragraph (4) by aggregating the number of hours worked by him for each employer.
Coffeeholic:
You don’t need to record WTD breaks for those days as the other work doesn’t count toward our WTD.
At the risk of getting flamed, the other work on non driving days does count towards the WTD. Whatever method is used to record your WTD time, it must match any other records of time e.g. timesheets and tachograph records.
My apologies if I have misunderstood the context but I think I have the flavour of the post.
Coffeeholic:
You don’t need to record WTD breaks for those days as the other work doesn’t count toward our WTD.
At the risk of getting flamed, the other work on non driving days does count towards the WTD.
Get your flame-proof undergarments on, it’s about to get a little warm.
Time spent doing a non transport job or even working for a transport firm not as a driver under EU rules does not count toward our WTD. Those hours will count toward the 1998 Working Time Regulations for the other employer but you can opt out of the 48 hour limit for that version of the WTD.
2.6 Working for two or more employers or another organisation
For the purposes of the Regulations, working time is restricted to work for employers for whom a mobile worker carries out any in-scope road transport activities (i.e. work covered by the European drivers’ hours rules). It includes both road transport activities and any other work for such employers (for instance when a driver also works in an employer’s warehouse).
Work performed for employers who are not involved in road transport activities (for instance bar work) does not count towards the limits under the Regulations. However, such work would count as part of the “daily working period” for the purposes of determining compliance with the separate European drivers’ hours rules (i.e. bar work will impact on when a worker can work and how much work they can do). In addition, all time spent working in such a second job does count towards the 48 hour limit under the 1998 Working Time Regulations, but an opt out from this 48 hour limit is available.
Similarly, the Regulations do not apply to workers who work for employers who undertake some road transport activities if the worker in question is not actually involved in such activities. In such cases, the worker would be subject to the requirements of the 1998 Working Time Regulations.
That’s straight from the horses mouth, the DfT one of whose agencys, VOSA are tasked with enforcing the Road Transport (Working Time) Regulations 2005.
Coffeeholic:
Time spent doing a non transport job or even working for a transport firm not as a driver under EU rules does not count toward our WTD
would like to say that if you drive for a transport firm then work in the warehouse,it is counted under the RTD as other work and that work as no opt out
Coffeeholic:
Time spent doing a non transport job or even working for a transport firm not as a driver under EU rules does not count toward our WTD
would like to say that if you drive for a transport firm then work in the warehouse,it is counted under the RTD as other work and that work as no opt out
Correct Del, if you do a day in the warehouse for your normal transport employer who you usually drive for it would still count for the RTD and as you rightly say no opt out of that. However, if you only work in a warehouse for a transport company that wouldn’t count for the mobile workers WTD, because you wouldn’t be a mobile worker.
