hi this is my first post so sorry if its been asked before .what are the rules on night working now can u only work 10 hours and thats it and if this is the case can u opt out if u wish to?
Welcome hyper26
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hyper26:
hi this is my first post so sorry if its been asked before .what are the rules on night working now can u only work 10 hours and thats it and if this is the case can u opt out if u wish to?
You can opt out if there is a workforce agreement but not as an individual. (unless you are the only driver)
The 10 hours is made up of driving and other work not breaks or POA
In addition to what ROG said night working comes into play if any of your shift falls between midnight and 4 AM, so even if you started work at 03:55 you would be subject to the night limits unless an opt out is in place.
ok guys thanks for that i was asked to sign a opt out form from the agency n just wanted to make sure they were being cosher u no wat there like u gotta watch em sumtimes
hyper26:
ok guys thanks for that i was asked to sign a opt out form from the agency n just wanted to make sure they were being cosher u no wat there like u gotta watch em sumtimes
I’m not sure if an agency RTD night opt out will count for the company you are contracted to work for - perhaps the GURUs on here can help answer this…
ROG:
I’m not sure if an agency RTD night opt out will count for the company you are contracted to work for - perhaps the GURUs on here can help answer this…
Wtf is an “agency RTD night opt out”
As far as the WTD is concerned we work to “The Road Transport (Working Time) Regulations 2005”, it’s not a directive it’s a regulation so perhaps you should abbreviate it to TRT(WT)R 2005 
In answer to the question as far as I can see the workforce agreement for the WTD has to be between the workforce and their employer, so that would mean the agency workers elected representatives and the agency.
I wonder how many agencies have legal workforce agreements in place 
So if I read the last post correctly -
The opt out can be with the agency but that agency must have a legal agreement with it’s workforce under the rules of the WTD - is that going to be difficult to do if that workforce is intermittent 
If there is a legal agreement with the agency then that agency driver is automatically opted out in regard to whoever they are sent to work for even if that company does not have an opt out in force.
Did I get that right
ROG:
So if I read the last post correctly -The opt out can be with the agency but that agency must have a legal agreement with it’s workforce under the rules of the WTD - is that going to be difficult to do if that workforce is intermittent
As far as I can see the agreement has to be between the employer and the workforce, should be in writing and should be in effect for a specified period of no longer than 5 years.
The agreement should be signed by the elected representatives of the workforce or in the case of a collective agreement the representatives of the union.
Yes it would be difficult for an agency imo.
ROG:
If there is a legal agreement with the agency then that agency driver is automatically opted out in regard to whoever they are sent to work for even if that company does not have an opt out in force.
I would say that an agency driver who has a legal opt out agreement with the agency employer will not have to abide by the night time working regulations regardless of weather or not the company he/she drives at has such an agreement in place.
Could be wrong though
ROG:
Did I get that right
I believe you did yes
WORKFORCE AGREEMENTS
1. An agreement is a workforce agreement for the purposes of these
Regulations if the following conditions are satisfied-
(a) the agreement is in writing;(b) it has effect for a specified period not exceeding five years;
(c) it applies either -
(i) to all of the relevant members of the workforce,
or
(ii) to all of the relevant members of the workforce who
belong to a particular group;(d) the agreement is signed -
(i) in the case of an agreement of the kind referred to in
sub-paragraph (c)(i), by the representatives of the
workforce, and in the case of an agreement of the kind
referred to in sub-paragraph (c)(ii), by the representatives
of the group to which the agreement applies (excluding, in
either case, any representative not a relevant member of
the workforce on the date on which the agreement was
first made available for signature),
or
(ii) if the employer employed 20 or fewer workers on the
date referred to in sub-paragraph (d)(i), either by the
appropriate representatives in accordance with that
sub-paragraph or by the majority of the workers employed
by him; and(e) before the agreement was made available for signature, the
employer provided all the workers to whom it was intended to
apply on the date on which it came into effect with copies of the
text of the agreement and such guidance as those employees
might reasonably require in order to understand it in full.2. For the purposes of this Schedule -
“a particular group” is a group of the relevant members of a
workforce who undertake a particular function, work at a
particular workplace or belong to a particular department or unit
within their employer’s business;“relevant members of the workforce” are all of the workers
employed by a particular employer, excluding any worker
whose terms and conditions of employment are provided for,
wholly or in part, in a collective agreement;