as I understand it 00.00-04.00 is classed as a night shift and subject to a 10hr duty restriction . My question is , is it or has it ever been possible to collectively opt out ? Also if a driver starts for eg at 02.00 mon and works into mon day shift ie past 04.00 is it 2 shifts ( sun night and Monday ) or classed as a single shift ■■
Just a small point, I always thought nightshift was classed as any three consecutive hours from 23:00-05:00.
■■■■■■_sarah:
Just a small point, I always thought nightshift was classed as any three consecutive hours from 23:00-05:00.
the OP has it correct - work any time, even for 1 minute, between 0000 and 0400 = night
What the OP has incorrect is the word DUTY as its max 10 hours working time = driving + other work recorded so a night shift (time on duty) can be 15 hours if the total of recorded driving + other work = max 10 with the rest being break/poa
syramax:
as I understand it 00.00-04.00 is classed as a night shift and subject to a 10hr duty restriction . My question is , is it or has it ever been possible to collectively opt out ? Also if a driver starts for eg at 02.00 mon and works into mon day shift ie past 04.00 is it 2 shifts ( sun night and Monday ) or classed as a single shift ■■
It’s ALWAYS been possible to opt out, right since day one.
It’s still the same single shift if you work at anytime between midnight and 4am, a 2am start would ‘technically’ be classed as a night shift.
Can a individual driver opt out or does it have to be collective when the vote comes around?
merc0447:
Can a individual driver opt out or does it have to be collective when the vote comes around?
Collective
I am wondering if anyone flouting the night time rule has ever been taken to book since it started a few years ago 
Who enforces it? I’ve never known any driver even being questioned by anybody about their hours, even at a roadside check. I did many years on an an agency that opted out, and thought most workforces would have done the same, but often worked at companies that hadn’t.
Bit like WTD then, has VOSA or whatever it’s called this week ever prosecuted anyone for either of these.
thanks everyone ,question answered 
It’s not about prosecution it’s all about repercussions. Box ticking
If you opt in it means you have magic keeping awake powers that people who aren’t ‘in’ don’t possess.
Juddian:
Bit like WTD then, has VOSA or whatever it’s called this week ever prosecuted anyone for either of these.
Night time working is the WTD
syramax:
as I understand it 00.00-04.00 is classed as a night shift and subject to a 10hr duty restriction . My question is , is it or has it ever been possible to collectively opt out ? Also if a driver starts for eg at 02.00 mon and works into mon day shift ie past 04.00 is it 2 shifts ( sun night and Monday ) or classed as a single shift ■■
You can opt out of the 10hr limit however it has to be done collectively and by a representative of the drivers. The management cannot opt you out of it.
A driver starting at 02:00 and working past 04:00 is classed as a single shift so without the opt out even someone starting at 03:59 would only be able to work 10hrs likewise someone who would be finishing at 00:01hrs.
Also note its work and not shift so if you have 5hrs of break/PoA you can still do a 15hr spreadover.
If a collective decide to opt out, could 1 driver decide to remain in, so he doesn’t have to work more than 10 hours, or does he have to go with the opt out?
weeto:
If a collective decide to opt out, could 1 driver decide to remain in, so he doesn’t have to work more than 10 hours, or does he have to go with the opt out?
All are opted out