Hi all.
Thank You All. My fault
I am sorry. How to remove this post in to wright forum ? i cant find delete 
Others will be able to advise you better regarding the legal aspects of the WTD and so on, although the 48-hour average working time is not something which you can opt out of (and it is working time, i.e. driving and other work and not POA).
That said, if you have crashed a truck which, if I read you right, you knew was defective into the rear of a stationary vehicle then you are not in a good situation with regard to getting your job back. The fact that it was trying to turn down a road which is unsuitable for HGV is not really an excuse for rear-ending it.
Your at fault, you drove into the back of another lorry. Speed, sat-nav’s, white lines, road unsuitable for HGV’s etc. are all irrelevant you caused the accident not the other driver. Your employer may be deemed as being a bit harsh on you perhaps but I’m sure they are completely within their right to dismiss you if they choose to do so, which you say they have.
Time to look for another job I’m afraid.
thanks. fact, there is no sense to discuss about rear end with UK law 
But dismissal decision is… “conclusion that you were despite your statement of mitigation that you were tired and having reviewed your hours worked there is no evidence of excessive hours worked in contravention of the drivers hours regulations”
Employer breaching my statutory rights to work 48, which is his duty of care to record and check my average week hours.
And Then Lie in 2 points of conclusion. 
Mitigation [after accident and because accident (I got messages on my phone to prove it]
Tachomaster do not lie, all weeks was more then 48. Average 50.25h per week. so it is hard proof.
None of this matters at all: From the Government website:
Employees can only claim unfair dismissal if they’ve worked for a qualifying period - unless they’re claiming for an automatically unfair reason.
Date employment started When the employee can claim
Before 6 April 2012 …After first year of employment
After 6 April 2012 …After 2 years of employment
“Automatically unfair” reasons are here but I am pretty sure that none of them apply to your situation.
ChrisWhgv:
thanks. fact, there is no sense to discuss about rear end with UK law
But dismissal decision is… “conclusion that you were despite your statement of mitigation that you were tired and having reviewed your hours worked there is no evidence of excessive hours worked in contravention of the drivers hours regulations”
Employer breaching my statutory rights to work 48, which is his duty of care to record and check my average week hours.
And Then Lie in 2 points of conclusion.
Mitigation [after accident and because accident (I got messages on my phone to prove it]
Tachomaster do not lie, all weeks was more then 48. Average 50.25h per week. so it is hard proof.
So it’s everyone’s fault but you own then. Welcome to the UK, with an attitude like that you will fit right in.
You screwed up…move on…learn the lesson.
I see what you are saying about average WTD hours, but if you were within EU hours I doubt a tribunal would accept that this was a factor in the accident.
You bring up the defective ABS but ultimately it’s the drivers responsibility to not take a truck out if there is a significant fault. So it will come straight back to you.
You have definitely been a bit unlucky as it sounds like in other vehicles you would have stopped ok, but I don’t think there is much you can throw back at them.
I also can’t help thinking that if you defected the ABS twice and it wasn’t fixed, do you really want to carry on working for them?
i am more interested about employer duty, and lies in allegations, i do not wont work for bad emplyer. There is another fact - My friend who work for them same time like me, week before me. had collision on motorway - 56 mph , car on blind spot under left mirror. He changed the line, and pushed the car in to the safety barriers and twist him on barier. Damages around all third party 2013 bmw.
Fault 100% - and no disciplinary meetin about. Still fair ?
My boss told me that have to be dirt on the abs sensor, and abs is ok
I have heard worse stories than yours for decades and I will tell you now you do not have a leg to stand on. Even if it got as far as a tribunal and there is a fat chance of that, they will say you have had all your training, you have your CPC and you knew the rules etc. It was you who took the defective vehicle out when you should have defected it and of course the employer would have praised you and given you another vehicle. 
What you have to concentrate on now is another job and what the hell are you going to do about references? I am unemployed having jacked for the agency two weeks ago but I have had 4 interviews and every one of them wanted the reference from my current or last employer. They cannot give you a bad reference by law but they have a code to get around this, the new employer simply asks “Would you employ that person again?” and if the person giving the reference says NO then that means you are trouble and should not be employed. However I am plodding on, the agency is begging me to work this weekend but I am not going to give in
There are 2 things you can “opt out” of on the RTD (WTD) One is the night working limit the other is changing the 17 week reference period to a 26 week reference period. The details of the hours you worked would have to be checked week by week allowing for POA’s and Breaks.
But I think you’d be wasting your time as I don’t think you can claim unfair dismissal, as you haven’t been working for the company for long enough.
As for you getting sacked for crashing into the back of a truck and your mate not getting the sack for his crash, well I suppose they were in their rights to sack both of you, as both of you are at fault, although I know plenty of drivers who’ve had minor damage only accidents and kept their jobs, you obviously had an accident on the wrong day or they were looking for a reason to get rid of you.
If you want to take it further you need specialist advice, but I think you’ll get told what people have told you here, no chance of a claim, forget it and move on.
Employed for 7 months you don’t have a leg to stand on in my opinion.
Unless you can provide some written evidence that you have objected to the hours of work previously, no one is going to take an objection after the fact seriously.
Same with the supposed ABS fault, you say you mentioned the problem previously but did you write out a defect report, no written defect no fault recorded.
Just one of those things, you got it wrong and they took a dim view of it and sacked you, and as you’ve only been there 7 months that’s it more or less, i’d be wary of trying for unfair dismissal without a good chance of success, the less fuss you make about this probably the best for you in the long run.
Luckily for you, accidents, unless the police prosecute and get a points conviction, are not recorded on your driving licence, so if you go on agency for a while this will soon be forgotten.
You were lucky it was another lorry you hit and not a car full of nuns and curly haired little cheeldren carrying baskets of kittens…no seriously though, it could have been worse and you could have caused injuries or worse, learn from this episode.
Yes. I did complain about hours. I even made for them good work shift schedule with one more driver. Because we was working 5 days in one week and 6 in second (nights) That could be a good idea to work 6 and 3 days next week… I calculate it right for our job etc… My boss told me , maybe i should go to millionaire. [ i assuming tv show:/] So… Arrogant. But I have no idea how much the hours are exceed. I just felt and other drivers too it is to much to call it safe.
ABS was written in to my defect book 2 or more times
And what about that there is about 20 drivers doing the same job every day. So I am pretty sure all them breaching 48 average week reg. ?
i feel i choose a wrong profession… but i like trucking, life ■■■■
youve been negligent that you ran into the back of another motor move on
ChrisWhgv:
Yes. I did complain about hours. I even made for them good work shift schedule with one more driver. Because we was working 5 days in one week and 6 in second (nights) That could be a good idea to work 6 and 3 days next week… I calculate it right for our job etc… My boss told me , maybe i should go to millionaire. [ i assuming tv show:/] So… Arrogant. But I have no idea how much the hours are exceed. I just felt and other drivers too it is to much to call it safe.
ABS was written in to my defect book 2 or more times
I think we’ve sorted out why they sacked you for quite a minor incident.
You complained and then you, a mere driver, told them how to do their job, while the other 20 drivers just moan about between themselves.
They’ve branded you a trouble maker and just been waiting for a reason to get shot of you.
ChrisWhgv:
i feel i choose a wrong profession…
Maybe you did, or maybe just the wrong company. and yes life does ■■■■
ChrisWhgv:
i am more interested about employer duty, and lies in allegations, i do not wont work for bad emplyer. There is another fact - My friend who work for them same time like me, week before me. had collision on motorway - 56 mph , car on blind spot under left mirror. He changed the line, and pushed the car in to the safety barriers and twist him on barier. Damages around all third party 2013 bmw.
Fault 100% - and no disciplinary meetin about. Still fair ?
Maybe your friend went to the office, held his hands up and said ‘sorry boss, I messed up’ where as you did the opposite and seem to be trying to blame everyone else. In transport holding your hands up and admitting you made a mistake is the best way. Any boss worth his salt can see through people trying to deceive him anyway.