Evening all,
Just after some advice, I’m a full time driver but where I work we are tachograph exempt, I’ve recently found an agency that have quite a bit of work on and I want to start doing the odd shift. I fully intend to stay within driving hours and WTD regs.
My question is if I was to be stopped by vosa and asked to produce 28 days of records how would I do this as my digicard would only show the odd day hear and there that would be worked on the agency. We do have to record our hours worked manually but would this satisfy vosa as realistically I could have wrote anything down to stay legal.
I could be well wide of the mark, but I would guess as long as you kept written records of your working days, and kept within the WTD with your additional shifts, you won’t have any issues.
Thanks for the advice, I had thought of just keeping the written timesheets with me but thought I would get other peoples opinions aswell.
Would your non tacho work be classed the same as working in an office or warehouse, as even tho its non recorded hours it’s still worked hours and would limit you to every other Saturday?
Having not done it I’m sure someone better qualified would answer you better
Jeff.
The offical blurb says
Section 3:
Mixed EU/AETR and GB domestic driving
Many drivers spend some of their time driving under one set of rules and some under another set, perhaps even on the same day. If you work partly under EU/AETR rules and partly under GB domestic rules during a day or a week, the following points must be considered (the EU rules take precedence over the GB domestic rules):
u The time you spend driving under EU rules cannot count as an off-duty period under GB domestic rules.
u Driving and other duty under GB domestic rules (including non-driving work in another
employment) count as attendance at work but not as a break or rest period under EU rules.
u Driving under EU rules count towards the driving and duty limits under GB domestic rules.
u Any driving under EU rules in a week means that you must take a daily rest period on those days
when you actually drive under EU rules, as well as a weekly rest period.
Driving limits
GB domestic limit (a maximum of 10 hours of driving a day) must always be obeyed. But at any time
when you are actually driving under the EU rules you must obey all the rules on EU driving limits.
Other duty limits
GB domestic limit (i.e. no more than 11 hours on duty) must always be obeyed. But when working under EU rules you must also obey all the rules on breaks, daily rest (only on those days when actually driving) and weekly rest.
Rest periods and breaks
Again, you must always obey the EU rules on rest periods and breaks on days and weeks in which driving in scope of EU rules is carried out.
A weekly rest period is not required in a fixed week where a driver does not drive under EU rules.
Where a driver works under EU rules in one week and under GB domestic rules in the following week, the driver may take either a regular or a reduced weekly rest in the first week. If the driver takes a reduced weekly rest, compensation will be required by the end of the third week following the week in question. If this working pattern continues, the driver may take either a regular or reduced weekly rest period every other week.
Where a driver works under GB domestic rules in week one and the EU rules in the second week, the weekly rest required in week two must start no later than 144 hours following the commencement of duty on or after 00.00 hours on Monday.
Records
During a week in which the in-scope driving has taken place, any previous work (including out-of-scope
driving since the last weekly rest period), would have to be recorded as “other work” on a tachograph
chart, printout or a manual entry using the manual input facility of a digital tachograph, or a legally
required GB domestic record on a log book (see page 33).
When driving a vehicle subject to EU or AETR rules, a driver is required to produce on request tachograph records (including other work records described above) for the current day and the previous 28 calendar days.
I think the best thing to do is to keep my weekly time sheets with me just to be on the safe side. Thanks for everyone’s advice
Having you weekly time sheets should be fine for a DVLA roadside check. We have a similar problem in that we do a lot of work not recorded on a tachograph. So she I had to go to an operators seminar, I asked the VOSA chaps (as it was then) what they would accept on a roadside check, they were happy with timesheets, diary entries, or basically anything which showed a start and finish times.
They only wanted to see a record from you last weekly rest period, but having 28 days worth won’t do any harm.
But remember to show all of the present days work on a tachograph if you’re working under EU drivers hours regs, even if it means starting with a manual entry.
If you are on UK domestic regs then those records are sufficient as other work records for EU regs
Thanks for all the replies, I’m happy to go with the timesheets now.