I am just wanting to know if my total duty time for one week was 48 hours , would my brake time come off the 48 or would it still stay at 48 ?
Sorry if I sound confusing I am myself
When I got close to my hours a month ago the company I work for said you have worked ■■■ hour however you need to take ur brakes off which would bring ur Time down . Not sure if this makes any sense .
I though since ur at work the brake would come under total duty time ?
Next question why do some companies not recognise POA should this make me stop using it ?
PaulZuna:
When I got close to my hours a month ago the company I work for said you have worked ■■■ hour however you need to take ur brakes off which would bring ur Time down . Not sure if this makes any sense .
I though since ur at work the brake would come under total duty time ?
Duty time doesn’t come into it, in fact there’s no such thing mentioned in the EU regulations.
To comply with the working time regulations you can do an average of 48 hours working time per week over the reference period.
For a driver working time is driving and other work, break and rest and POA do not count towards working time.
PaulZuna:
Next question why do some companies not recognise POA should this make me stop using it ?
It’s not a case of not recognising POA, some companies don’t like drivers using POA and some companies insist on it.
Personally I’d say that as long as you get paid for breaks over the first 45 minutes use break instead of POA, it’s less confusing.
Working Conditions - Working Time Directive
Working Time Directive
To protect workers’ health and safety, working hours must meet minimum standards applicable throughout the EU.
The EU’s Working Time Directive (2003/88/EC) requires EU countries to guarantee the following rights for all workers:
a limit to weekly working hours, which must not exceed 48 hours on average, including any overtime
a minimum daily rest period of 11 consecutive hours in every 24
a rest break during working hours if the worker is on duty for longer than 6 hours
a minimum weekly rest period of 24 uninterrupted hours for each 7-day period, in addition to the 11 hours’ daily rest
paid annual leave of at least 4 weeks per year
extra protection for night work, e.g.
average working hours must not exceed 8 hours per 24-hour period,
night workers must not perform heavy or dangerous work for longer than 8 hours in any 24-hour period,
night workers have the right to free health assessments and, under certain circumstances, to transfer to day work.
The Directive also sets out special rules on working hours for workers in a limited number of sectors, including doctors in training, offshore workers, sea fishing workers and people working in urban passenger transport. (There are separate directives on working hours for certain workers in specific transport sectors.)
The European Commission is currently reviewing Directive 2003/88/EC through a 2-stage consultation of EU-level workers’ and employers’ representatives and a detailed impact assessment.
European workers’ and employers’ organisations took part in the first stage of consultation, launched in March 2010. Most agreed that EU rules on working hours needed to be reviewed. However, views differed on the kind of changes needed; business called for more flexibility, while the unions wanted more effective protection.
The main outcome of the second stage of consultation, launched in December 2010, was that all the main cross-sectoral workers’ and employers’ representatives favoured the option – set out in Article 155 of the Treaty on the Functioning of the European Union (TFEU) - of negotiating on the Working Time review themselves. In November 2011 they took a joint decision to start negotiations. Extensive talks were held throughout 2012, but no agreement was reached.
Since workers’ and employers’ organisations have been unable to reach agreement, it is now up to the Commission to decide on the review of the Working Time Directive.
The Commission is carrying out a detailed impact assessment, which will take full account of both social and economic aspects, building on preliminary studies and further analysis of the possible options and their foreseeable effects.
The Commission will take further decisions in the light of the results of this assessment.
Documentation is available on the Directive, its two forerunners, and the 2004-2009 proposal to amend the Directive.