Is this legal

ok guys i dont post that often just when im stuck so hers goes i have just started for a company now he wants me to do nights out in a day cab with a made up bunk 18 inches wide i have measured it it has no night heater,which i told him his reply was when the drivers do nights out they usally sleep in the trailer my reply was well not me pal or words to that effect i dont think its legal just want to make sure first before i shout my mouth off. :frowning:

Your quite right it is illegal to sleep in the trailer!

No night heater A big NoNo
No proper bunk A big NoNo!

Tell him to sling his hook!

What are you making sure it’s legal for :question:

Do you really want to do a night out with no night-heater, no bed and no space :question:

WAKE UP MAN ! ! !

I’m fairly sure it’s not legal but I’m not ‘up’ on legal things. Neil will tell you as he’s the daddy at all things legal.

Best thing you can do is tell him to stick his job in a dark place that doesn’t get any sun-light.

Cheers.

Sadly it wouldn’t be illegal. There is no legal requirement for a night heater to be fitted and as far as the tacho rules go all it says is

The daily rest period may be taken in a vehicle, as long as it is fitted with a bunk and is stationary

No minimum dimensions for the bunk and as long as it is at least an excuse for a bunk and not just sleeping across the seats it would be legal. Day cabs fitted with a fold away bunk are sadly legal, but just because something isn’t illegal doesn’t make it right.

Having said that I think anybody who did that would need their head examining. If the guy wants you to do this it can’t be much of a company to work for, my suggestion don’t do it and find a better job as there are better jobs than this out there.

Thas right, it aint illegal as Neil says. I also agree with Rob’s sentiment, stuff the job, its crap, regadless oif the legality.

I beg to differ! :open_mouth: :open_mouth: :open_mouth:

When I 1st started out in this game, on removals :cry: we had porters that some were expected to sleep in the trailer. After complains BAR stopped this practice stating it was illegal for employee’s to sleep in a place not fitted with a proper bunk!

Ian, he got an 18 inch made up bunk M8, so its legal, the trailer bit mightnt be admittedly (tho we did it years ago if no bunk fitted) crap bunk 18 inch wide, but legal.

There is no definition of a ‘proper’ bunk TC, as long as it looks remotely like a bunk that’ll do the job and a stupid little fold down one in a day cab, a bit of wood with a bit of foam on it for instance, qualifies. As I said before anybody who agreed to sleep on it would need their head examined though.

Sleeping in the trailer would not be allowed.

Yeh maybe I got the question wrong!
I thought he was asking if it was legal to sleep in the trailer!

What ever this guy needs out!

Ask your Gaffer would he sleep on it and when he says yes tell him to do it and I bet he wont. :astonished:
Get a new job mate. :slight_smile:

:open_mouth: tell your gaffer to drag him self into the 21st century mate :exclamation: :open_mouth: :unamused:

with respect to the night heater, it is the responsibility of the employer to look after the health, safety and WELFARE of his employees (H&SAW Act), this is the argument I use and every time I use it the offending supervisor/manager shuts up and goes away knowing that he hasn’t got a leg to stand on - especially in winter.

cheers

Jules

Tell him you will do the job gut will stop working at around 4.00pm to find a bed and breakfast and will not re-start till after you have had the breakfast (around 8.30am).

With noproper facilties you have the right to get proper rest .
Fed Ex tried to make me do just what your boss wants on one occasion when My truck was off the road, I told them what i just sugested and they rented a new sleeper for the two weeks mine was in repair :exclamation:

TC:
I beg to differ! :open_mouth: :open_mouth: :open_mouth:

When I 1st started out in this game, on removals :cry: we had porters that some were expected to sleep in the trailer.

I worked for a national removals company quite recently and the porters were still sleeping in the back of the wagon. I always kept a mattress in the back of my wagons so at least the poor sods were comfy.

I just sarted a new job where the night-heater in the wagon does’n’t work. I told em I ain’t sleeping out til it’s fixed. Mechanic is sorting it tomorrow cos I’m off down to Lincoln on Monday - if it’s sorted.

If your doing nights out, you deserve a sleeper cab - simple as that. Get a new job mate. :wink:

there nothing constiruction and use regs about nioghtheaters but there maybe something in h&s regs if he wont fit a night heater the either tell him shove it or tell him youll run the engine all night to keep yourself warm belive me its no fun wakeing up stiff from cold and you could make yourself very ill my advice is walk a way from this and find somthing better

To take “daily rest” in the cab it must be fitted with a bunk/bed, which must also be at least 20" away from the steering wheel. (So a lilo across the front seats is not legal)
There is no legal requirement to have a working night heater…

Martin:
a bunk/bed, which must also be at least 20" away from the steering wheel.

That’s just another old driver’s myth, it usually goes hand in hand with the ‘it’s illegal to sleep with your head at the steering wheel end’ myth. :smiley: :smiley: :smiley:

There is nothing in the regulations about minimum distance from the wheel and in day cab motors with a fold down bunk, which are stupidly legal, the bunk usually folds down directly over the steering wheel and would only be a matter of inches away.

You are right in what you say regarding the lilo and the night heater.

Brooksy:
ok guys i dont post that often just when im stuck so hers goes i have just started for a company now he wants me to do nights out in a day cab with a made up bunk 18 inches wide i have measured it it has no night heater,which i told him his reply was when the drivers do nights out they usally sleep in the trailer my reply was well not me pal or words to that effect i dont think its legal just want to make sure first before i shout my mouth off. :frowning:

Dear Mr. Boss,

I am appalled by your suggestion that I sleep in what is essentially a day cab with a half-hearted bodge up for a bed. As you are aware, many accidents are attributable to driver fatigue. This is not going to be helped by sleeping on a bed not even shoulder width in freezing temperatures. Would you be prepared to sleep in a house without heating in sub-zero temperatures?

Driving vacancies are ten a penny and all offer far better vehicles than you are for drivers expected to night out. I shall therefore be taking myself and my licence elsewhere.

Yours truly,

■■■

P.S.

As you suggested I sleep in a trailer WHICH IS ILLEGAL, it makes me wonder what else you do thats illegal too so therefore I shall be taking great delight in reporting you to the Traffic Commissioner and Health and Safety Executive. Enjoy.

Nice one Conor. He should do exactly that. :smiley: :smiley: :smiley:

If your boss insists you night out in it,you could try this:

:smiley: :smiley: :smiley: :smiley: :smiley:

Dan.