An ex colleague of mine broke down on Monday afternoon and needed recovering. He started at 04:00, broke down at 15:00 and pulled his digicard out at 15:30. He finished at 21:30. He started work again at 04:00 the following morning.
Opinions?
Paid hourly?
He’s just a moneygrabber! 
I’d fleece then for every penny 
, technically his/her 9/11 rest should have started @ 2130…
If he was recovered by suspended tow then this wouldn’t have been recorded on the tacho as the half-shaft would have been removed and so the only evidence that he has broken the law is this thread…
Harry Monk:
If he was recovered by suspended tow then this wouldn’t have been recorded on the tacho as the half-shaft would have been removed and so the only evidence that he has broken the law is this thread…
and timesheet potentially
Harry Monk:
If he was recovered by suspended tow then this wouldn’t have been recorded on the tacho as the half-shaft would have been removed and so the only evidence that he has broken the law is this thread…
The suspended tow was mentioned by a colleague of his. Personally if I’dve been at work since 4am, handballing and then looking after a clapped out wagon until 9.30pm, there’s no way I’d be turning up for work again at 4am.
Pimpdaddy:
I’d fleece then for every penny
1900
4am to 7pm = 15 hours leaving 9 in the 24 hour period
Sorry, that’s the procedure at our place anyway as a result of ‘unforeseen circumstances’, not really bothered about the legalities… You are paid up to the time you return to base (after being picked up as your 15h is up) then take 9 or 11 whatever applies…
Loyal employee, I’d give him a job.
Loyal I’d say. I’ve been in similar situations pulled my card at 7 spent half the night stripping a lorry down with my boss back in at 6. We got burgled once two nights later had a phone call from my boss wed been broken into again was up the yard at half 1 in the morning police there etc spent till 4am securing the yard fixing gates and blocking the wall that got rammed down and back to work at 7am. Every one will probsbly call me a fool but when you work for a family business that keeps you going through a recession where they didnt really need me I feel obliged to give a little back In a crisis. It gets remembered come Xmas time with a nice wedge off cash in a card. Things like that don’t get forgotton even if he doesn’t lick arse and thank me very often.
ROG:
Pimpdaddy:
I’d fleece then for every penny1900
4am to 7pm = 15 hours leaving 9 in the 24 hour period
Pimpdaddy is absolutely correct, legally the drivers daily rest period started when he finished work at 21:30.
He couldn’t start the his daily rest period at the correct time because he was being recovered and therefore the situation was out of his control, but legally he still had to have the correct amount of daily rest ie, 11 hours, or 9 hours if he could have a reduced daily rest.
As for whether he was a loyal employee or bloody stupid, realistically I’d say it depends on how well he gets treated by the company, if it’s a good company to work for then he was being loyal and helpful, if he’s normally treated like a doormat he was a bloody fool to put himself out for them.
tachograph:
As for whether he was a loyal employee or bloody stupid, realistically I’d say it depends on how well he gets treated by the company, if it’s a good company to work for then he was being loyal and helpful, if he’s normally treated like a doormat he was a bloody fool to put himself out for them.
This. I’d do exactly the same in my current job as its very much appreciated but I’ve also had jobs where I wouldn’t give them one minute if I could help it
switchlogic:
tachograph:
As for whether he was a loyal employee or bloody stupid, realistically I’d say it depends on how well he gets treated by the company, if it’s a good company to work for then he was being loyal and helpful, if he’s normally treated like a doormat he was a bloody fool to put himself out for them.This. I’d do exactly the same in my current job as its very much appreciated but I’ve also had jobs where I wouldn’t give them one minute if I could help it
I agree, if he’s treated like crap by a company that doesn’t know his name stuffem, have legal break and then return to work. If they sack him for it they will most likely loose in a tribunal. BUT if the firm is a good lot who respect and appreciate the driver then I probably wouldn’t hesitate in starting again when required.
Harry Monk:
If he was recovered by suspended tow then this wouldn’t have been recorded on the tacho as the half-shaft would have been removed and so the only evidence that he has broken the law is this thread…
not always the case harry, I was towed off m6 j7/8 to j9 a few weeks back . the recovery bloke opted to leave the engine running .problem was a front wheel bearing . my card was OUT! although my hours went on my time sheet until I reached home . lift wednesbury to Walsall, train to new st, to crewe the a 2hr wait for a lift the rest of the way .
tachograph:
ROG:
Pimpdaddy:
I’d fleece then for every penny1900
4am to 7pm = 15 hours leaving 9 in the 24 hour period
Pimpdaddy is absolutely correct, legally the drivers daily rest period started when he finished work at 21:30.
He couldn’t start the his daily rest period at the correct time because he was being recovered and therefore the situation was out of his control, but legally he still had to have the correct amount of daily rest ie, 11 hours, or 9 hours if he could have a reduced daily rest.
As for whether he was a loyal employee or bloody stupid, realistically I’d say it depends on how well he gets treated by the company, if it’s a good company to work for then he was being loyal and helpful, if he’s normally treated like a doormat he was a bloody fool to put himself out for them.
I can see that the driver could not start rest whilst actually being recovered but once on the move I thought the driver had to stop at the first safe place to start the rest and not go all the way back to base?
ROG:
I can see that the driver could not start rest whilst actually being recovered but once on the move I thought the driver had to stop at the first safe place to start the rest and not go all the way back to base?
Ok if you’re a tramper but how about if you’re on days/nights…!?
Pimpdaddy:
ROG:
I can see that the driver could not start rest whilst actually being recovered but once on the move I thought the driver had to stop at the first safe place to start the rest and not go all the way back to base?Ok if you’re a tramper but how about if you’re on days/nights…!?
Motel B&B ?
ROG:
Pimpdaddy:
ROG:
I can see that the driver could not start rest whilst actually being recovered but once on the move I thought the driver had to stop at the first safe place to start the rest and not go all the way back to base?Ok if you’re a tramper but how about if you’re on days/nights…!?
Motel B&B ?
So when someone comes out to recover you and possibly the vehicle as well, the OP hasn’t said, you expect him to drive around to find you a B&B so you can spend the night without any night out gear and possibly with no money, I’m not saying it can’t be done but in the real world I reckon most of us would go home.
Anyway it makes no real difference, the OP said the driver finished work at 21:30, so regardless of where he was or the legality of how he got there, that’s when his daily rest period legally started.
Daily rest started at 21:30 and was back at work at 04:00. Put it this way the “family friendly firm” would expect nothing less. Hence why two of us have jacked in a month.
I’d say that people in most professions go ‘the extra mile’ if they’re working in a decent set-up and share common goals. It’s more difficult in driving, because of the regulations… but that doesn’t stop there being a desire to help.
There is a fine line between bending and breaking. It is the employees that keep businesses moving. Where the line is, I’m not so sure…