How long actually can driver work if any of his shift is “touching” night hours.
I always knew that it’s 10 hours excluding POA’s and breaks, but few days ago I found this on direct.gov while looking for updates:
Exceptions to night working time limits
You do not have limits on your night working hours if you work in the following areas:
- jobs where you can choose freely how long you will work, eg a managing executive
- the armed forces, emergency services and police are excluded in some circumstances
- domestic servants in private houses
Limits on night work do not apply if:
- you have to travel a long distance from your home to get to work or you constantly work in different places
- you are doing security or surveillance-based work
- you are working in an industry with busy peak periods, like agriculture, retail or tourism
- there is an emergency or there might be an accident
- the job needs round-the-clock staffing (for example, hospital work)
- you are employed in the rail industry and you work on board trains
- you are employed in the rail industry and your activities are irregular or linked to seeing that trains run on time
- you are a mobile worker (work in road or air transport); although you are entitled to ‘adequate rest’ meaning you should have a rest from work that is long enough to ensure you do not injure yourself or anyone around you
If you are a night worker in any of these situations, the reference period to calculate your weekly working time limit is extended from 17 to 26 weeks.
Does that mean that we can work more than 10 hrs in 24 hrs period according to WTD■■? I think (and hope) yes.
Can I have your opinion guys ■■?
Thanks
MisterStrood:
How long actually can driver work if any of his shift is “touching” night hours.
If the driver has any reduced daily rest periods left then 15 hours otherwise 13 hours. In both cases the total of driving time and other work should not exceed ten hours unless an opt out agreement is in place.
I think there may be a bit missing from that about an opt out. The ten hour limit is in the regulations and they haven’t changed. opsi.gov.uk/si/si2005/20050639.htm
You’re looking at the wrong Working Time Regulations MisterStrood, the regulations that you’ve quoted from are the general Working Time Regulations.
As mobile workers we work to the Road Transport Working Time Regulations for mobile workers
PDF Version
tachograph:
You’re looking at the wrong Working Time Regulations MisterStrood, the regulations that you’ve quoted from are the general Working Time Regulations.
As mobile workers we work to the Road Transport Working Time Regulations for mobile workers
PDF Version
That’s what I thought. But still the part of it I’ve copied says about mobile worker and about industries. That is what confused me.
So nothing changed 10 hours of work and driving in 24 hr period form start of work.
Thank you
Coffeeholic:
MisterStrood:
How long actually can driver work if any of his shift is “touching” night hours.
If the driver has any reduced daily rest periods left then 15 hours otherwise 13 hours. In both cases the total of driving time and other work should not exceed ten hours unless an opt out agreement is in place.
I think there may be a bit missing from that about an opt out. The ten hour limit is in the regulations and they haven’t changed. opsi.gov.uk/si/si2005/20050639.htm
Thank you Coffeeholic. Can you also tell me what if I am agency driver with whom do I have to have agreement ■■? In my opinion it should be made with my agency but maybe I am wrong. What I have signed at the moment with them is I do agree to adopt the flexibility allowed by RTD with regards to night work. Any clue what that can mean than■■?
Thank you
MisterStrood:
Can you also tell me what if I am agency driver with whom do I have to have agreement ?
The workforce agreement is between a group of workers and the employer, it’s usually the agency who is the employer so the workforce agreement should be with them, though in my experience most companies you work at will expect you to abide by the same rules as their own drivers.
To be honest most agencies don’t seem to have a clue about the regulations and couldn’t organise a legal workforce agreement, hence the bits of paper saying things like “I agree to adopt the flexibility allowed by RTD with regards to night work” or “I agree to opt out of the working time regulations night time limits” which usually look like they were hurriedly written in some-ones lunch break 
To be legal the workforce agreement has to meet quite stringent legal requirements, but as most of us don’t really give a ■■■■ about the WTD the legal requirements are largely ignored as far as I can see 
tachograph:
MisterStrood:
Can you also tell me what if I am agency driver with whom do I have to have agreement ?
The workforce agreement is between a group of workers and the employer, it’s usually the agency who is the employer so the workforce agreement should be with them, though in my experience most companies you work at will expect you to abide by the same rules as their own drivers.
To be honest most agencies don’t seem to have a clue about the regulations and couldn’t organise a legal workforce agreement, hence the bits of paper saying things like “I agree to adopt the flexibility allowed by RTD with regards to night work” or “I agree to opt out of the working time regulations night time limits” which usually look like they were hurriedly written in some-ones lunch break
To be legal the workforce agreement has to meet quite stringent legal requirements, but as most of us don’t really give a ■■■■ about the WTD the legal requirements are largely ignored as far as I can see
Thank you Tachograph that is what I wanted to know My mistake than about the place I was looking for 
opsI
I have to agree with you about agencies not having a clue - mine one doesn’t 
MisterStrood:
Coffeeholic:
MisterStrood:
How long actually can driver work if any of his shift is “touching” night hours.
If the driver has any reduced daily rest periods left then 15 hours otherwise 13 hours. In both cases the total of driving time and other work should not exceed ten hours unless an opt out agreement is in place.
I think there may be a bit missing from that about an opt out. The ten hour limit is in the regulations and they haven’t changed. opsi.gov.uk/si/si2005/20050639.htm
Thank you Coffeeholic. Can you also tell me what if I am agency driver with whom do I have to have agreement ■■? In my opinion it should be made with my agency but maybe I am wrong. What I have signed at the moment with them is I do agree to adopt the flexibility allowed by RTD with regards to night work. Any clue what that can mean than■■?
Thank you
No idea mate, hell I don’t even know if there is an opt out agreement for night work at our place. Thankfully though Tachograph has answered your question.
Coffeeholic:
MisterStrood:
Coffeeholic:
MisterStrood:
How long actually can driver work if any of his shift is “touching” night hours.
If the driver has any reduced daily rest periods left then 15 hours otherwise 13 hours. In both cases the total of driving time and other work should not exceed ten hours unless an opt out agreement is in place.
I think there may be a bit missing from that about an opt out. The ten hour limit is in the regulations and they haven’t changed. opsi.gov.uk/si/si2005/20050639.htm
Thank you Coffeeholic. Can you also tell me what if I am agency driver with whom do I have to have agreement ■■? In my opinion it should be made with my agency but maybe I am wrong. What I have signed at the moment with them is I do agree to adopt the flexibility allowed by RTD with regards to night work. Any clue what that can mean than■■?
Thank you
No idea mate, hell I don’t even know if there is an opt out agreement for night work at our place. Thankfully though Tachograph has answered your question.
Thanks anyway
It seems that most drivers have the same problem
as far as I am concerned of course 