Do you deserve to be paid

If truckers go over there working time hours do they deserve to be paid.
Common answer from employer us you’ve been paid already and can not be paid again.
What a load of cods wallop .
Is it true or is it nonsense.

By paying a driver who has gone over their hours the employer is both acknowledging they know they’ve done it, condone it and encourage it.

That leaves the employer wide open to prosecution and losing their operators license.

Why would you want to go over your hours?

I think he means WTD limits. Simple resolution work up to your limit then stop its that simple

Fair enough but the same applies in regards to leaving themselves wide open.

WTD didn’t need to be applied to haulage because it already had sufficient restrictions.

What happens if you’re hourly paid for example and then break down 14 hours in to what would be a 15 hour shift and don’t get fixed or recovered and parked until lets say 18 or 19 hours have elapsed. Pay just stop at 15 hours and that’s it?

robinhood_1984:
What happens if you’re hourly paid for example and then break down 14 hours in to what would be a 15 hour shift and don’t get fixed or recovered and parked until lets say 18 or 19 hours have elapsed. Pay just stop at 15 hours and that’s it?

I would expect to be paid

they paid me when I went 3 hours over a 15 hour when my battery went flat in the shed at Lafarge Portbury :smiley: fellas in the shed weren’t happy chappys either! :grimacing:

If the boss asks you to do some extra hours then of course you should be paid… Who would be so silly as to work for free :confused:

its a tricky one but in short yes workers would be paid.
Lets say you are a full time hgv driver working 50 hours a week on the contract.
If the employer fails to plan work and monitor compliance correctly and this results in an excess of the employees working ttime then yes an offence has been committed .
The art is to monitor compliance so as to prevent excessive working time.
It all depends on the type of operation the hgv worker is performing

But in short yes the worker is to be paid as stated in the employment contract.
Example is a contract of say 48 hours.
In a situation where the worker is continually working and a failure to monitor working time by The operator as well as being basically illegal it would also void insurance policies and even worse.
There are computer programs that can calculate hgv drivers working time although not many operators make. these available to drivers

I’ve put a excerpt of a judgements that explains that employees have contractual terms in there employment contract.
In the excerpt it was later found to be an offence to require the worker to attend work.
But the worker is contractually entitled to be paid as stated in his employment contract.
Irrelevant for the self employed

Pete, :laughing: get off the funny ■■■■ man! :grimacing: :grimacing: :grimacing: you’re twisting my melons man! :sunglasses: do you still see nige and kaz? Fit as isn’t she? :grimacing:

Don’t understand last message.
Don’t know what the he’ll this guys jibbering on about.
Don’t know caz. or nige.
I can only assume your a Care in the community patient.
Have you tried the samaritans or your local A and E.

Let’s say Boddo is working Monday-Friday 6am-6pm as transport manager.
Now he wants to pick up two plum drives at overtime rates across the weekend, making a 7 day spread out of it.

Illegal if you are considered a “full time driver” for any part of that week as far as I know.
You could only do it as a 7 day spread if the only vehicle you drive is your own car, so you could perhaps work sat/sun picking up all the other guys who’ve run into 15 hours, and need a pick-up - bearing in mind this is a “Utopia Office” to start with! :stuck_out_tongue: :smiley:

Personally, my idea of a real Utopia Office would be getting 45 hours rest break at the weekend, having been ordered to go home, and then getting paid for it anyway because I’m a salaried TM on Flexihours!

robinhood_1984:
What happens if you’re hourly paid for example and then break down 14 hours in to what would be a 15 hour shift and don’t get fixed or recovered and parked until lets say 18 or 19 hours have elapsed. Pay just stop at 15 hours and that’s it?

The times this happened to me the way described, I was told to:-

(first occasision) pull my tacho at 15 hours, then sit in a rest room and await pickup. No extra hours booked, so I was well ■■■■■■ off. Run home by someone else driving with me “on my own time”. :frowning:

(second occasion) Broke down, having managed to pull into layby to get vehicle off road. (Flat trailer tyre)
Night was a “snow-out”, so breakdown recovery couldn’t get to me for the rest of the day.
I booked a 9 hour daily rest, got my head down, and when I finally got back to the office 2 hours after my next shift had started, I promptly got sent home on full pay. :wink:

I think the second occasion worked out better for me - don’t you?

As far as the law would stand as I interpret it would be passed
firstly if your going over your hours and pull into the services at say exceeding driving and your still within your 15 hours and your a fair trek from the depot then you have to wait for somebody to pick you up.
If your not over your driving regs but your close to your 15 hour cut off point then you can continue to the depot as its the fastest way to get back to the depot and end your shift.then complete a print out. and give reason for your infringement.
If your employer says pull into the services and remove your card then that would be an offence .
If driven back in the truck by another driver then put your card in driver 2.
You don’t finish work until your back at base.

Lets face it most operators are cowboys and maybe that’s the only way to make a profit by wheeling and dealing.

You just ask for a higher hourly rate averaged out to cover the over but under the WT whatever, simples.

Transparency is best.
It prevents repetitions of the same.
If your on duty at work then it should be correctly recorded and paid.
The brown envelope days are over.
There really is no need to hide what’s happening.
Were talking about professional heavy goods vehicle drivers.
Correct recording of working time is not rocket science.

Ross v stobart:
If truckers go over there working time hours do they deserve to be paid.
Common answer from employer us you’ve been paid already and can not be paid again.
What a load of cods wallop .
Is it true or is it nonsense.

If your on about being recovered :question: ,then I’d want paying if I did say a 20 hr shift by the time I got back to the yard,and god forbid it ever happened :wink: :laughing: I’d not be stupid enough to stick 20 hrs on that days time sheet,time book I’d stick the extra 5 hrs on a slack days time sheet,book,then adjust tachometer in morning with a manual entry :wink:
N.b obviously this is not tried and tested as I’m lucky enough to work for a company that runs 100% legal,and will not accept anything less :wink: :laughing: :laughing:

A dollar a day.

I invoice from getting out of the car to getting back into the car, nothing less. Simples.

I have had a 17 hour shift at double time before now, actually I don’t think that is a record, I am sure a year ago near colchester when they were doing the M11,someone broke down in the contraflow, I was there 3 hours and ended up being brought in and I’m sure it wasn’t far off 20 hours.

That was for a national retailer.