Muckaway:
What about this?
On Friday, I will be leaving my lorry at head office and getting a works minibus back to my normal place of work to get my car. On Monday I make a manual entry on digicard (set to POA) recording the time spent travelling back to my car (I wont be driving said bus, I make straight for the rear seats to sleep!)
When I leave my lorry at MANs I drive back in a (clapped out) company car to the quarry, making a manual entry for other work to account the car driving time.
I take it I’ve done correct in both scenarios?
yup
Good, no infringements to justify holding on to my wageslip there then.
Thanks all!!!
Should have pointed out this was over a few days.
Truck broke down Thursday, and towed to garage. After a while, they say it won’t get done so they sort out with my boss giving me a loan van to go back to yard in. Once back at yard, I book off and go home in my own car and work says they’ll ring me about 8-9am Friday re work. Get a txt fri morn, nothing happening so sit tight at home.
1130am they call and ask me to go in at 1230pm to do a Daventry, this I do no problem even though I don’t finish till midnight
My car is not in yard as the mrs had took it, but work say take the loan van home and keep it till tues morning when lorry will be ready! I book off in yard when climbing out of the truck I used that shift, the time was 11.59pm Friday. Drove home on my own time, rightly so for the weekend.
Tuesday I said!!! the reason being work was quiet Monday and and he was after drivers to take a day off. I had 1 days holiday owing, so said I didn’t mind taking Monday as holiday due to no truck as part coming from Germany!
So Tuesday comes round, and the scenario plays out as above in my original post which saw me booking on from home in the loan van to start work!
Sorry long winded, but wanted to be 100% clear how it all panned out.
During last nights heated ‘discussion’ he informed me I was not a team player!!!
I don’t think you should have taken Monday as holiday. If he’s asked you not to come in, or you’ve turned up and there’s nothing for you to drive, that’s his lookout. You shouldn’t be using your holiday entitlement to cover his inefficiency.
Rhythm Thief:
I don’t think you should have taken Monday as holiday. If he’s asked you not to come in, or you’ve turned up and there’s nothing for you to drive, that’s his lookout. You shouldn’t be using your holiday entitlement to cover his inefficiency.
in hindsight…
Muckaway, cake and eat it springs to mind.
oh, and you’ll like this, truck has gone in yet again to the dealers, a fuel fault this time. again they gave me a loan van, so i took it straight back to yard and booked off there. that way, no arguements when i next go to pick the wagon up
Rhythm Thief:
I don’t think you should have taken Monday as holiday. If he’s asked you not to come in, or you’ve turned up and there’s nothing for you to drive, that’s his lookout. You shouldn’t be using your holiday entitlement to cover his inefficiency.
in hindsight…
Muckaway, cake and eat it springs to mind.
Rhythm Thief:
I don’t think you should have taken Monday as holiday. If he’s asked you not to come in, or you’ve turned up and there’s nothing for you to drive, that’s his lookout. You shouldn’t be using your holiday entitlement to cover his inefficiency.
in hindsight…
Muckaway, cake and eat it springs to mind.
Pardon?
i think thats what the clerk, sorry i mean transport ‘manager’ wants
dreamingofoz:
Re: Other work, manual entry. Clarity please.
Postby ROG » Wed Dec 04, 2013 11:20 am
Also be grateful if someone could clarify my point about not being disturbed whilst on a rest period.
not sure about the legal side , but there is a rule regarding if your daily rest is disturbed and you have to move ,then you are supposed to extend by 2hrs, I know that one of the lads at the company that i worked for did exactly that after being woken whilst on rest by the office staff ringing to ask the location and if he had been tipped, when only a few hrs prior he had rang in and told the night staff the crack, plus they had all tracking on all the vehicles, the other favourite was if you were on rest during the day time, they would ring with details of a reload,
It would be interesting if you can legally apply the 2hr extension on a daily rest if you are disturbed by the office in the above way, failing that you can always turn the bloody phone off or onto silent
dreamingofoz:
Re: Other work, manual entry. Clarity please.
Postby ROG » Wed Dec 04, 2013 11:20 am
Also be grateful if someone could clarify my point about not being disturbed whilst on a rest period.
not sure about the legal side , but there is a rule regarding if your daily rest is disturbed and you have to move ,then you are supposed to extend by 2hrs, I know that one of the lads at the company that i worked for did exactly that after being woken whilst on rest by the office staff ringing to ask the location and if he had been tipped, when only a few hrs prior he had rang in and told the night staff the crack, plus they had all tracking on all the vehicles, the other favourite was if you were on rest during the day time, they would ring with details of a reload,
It would be interesting if you can legally apply the 2hr extension on a daily rest if you are disturbed by the office in the above way, failing that you can always turn the bloody phone off or onto silent
There is no legal option for a 2 hour extension - sounds like a MYTH
If a rest period has to be broken for an emergency or on direction of a police officer then a manual explanation will suffice and if the rest is broken by 5 mins in that situation then extend it by 5 mins
If the rest period is broken, apart from ferry or as above, then the period must be restarted from the beginning and an explanation must be done if it then falls outside the normal legal requirements
"On a proper construction of Article 15 of Council Regulation (EEC) No 3821/85 of 20 December 1985 on recording equipment in road transport, a driver’s obligation to record all other periods of work extends to:
time which a driver necessarily spends travelling to take over a vehicle subject to the obligation to instal and use a tachograph and which is not at the driver’s home or the employer’s operational centre, regardless of whether the employer gave instructions as to when and how to travel or whether that choice was left to the driver;
periods of driving spent by a driver whilst performing a transport service falling outside the scope of Regulation No 3821/85 before taking over a vehicle to which that regulation applies."
It seems to me, that regardless of the mode of transport (it could be a bike) and regardless of whether the driver is paid for the time or not, travelling time in these circumstances is ‘other work’.
"On a proper construction of Article 15 of Council Regulation (EEC) No 3821/85 of 20 December 1985 on recording equipment in road transport, a driver’s obligation to record all other periods of work extends to:
time which a driver necessarily spends travelling to take over a vehicle subject to the obligation to instal and use a tachograph and which is not at the driver’s home or the employer’s operational centre, regardless of whether the employer gave instructions as to when and how to travel or whether that choice was left to the driver;
periods of driving spent by a driver whilst performing a transport service falling outside the scope of Regulation No 3821/85 before taking over a vehicle to which that regulation applies."
It seems to me, that regardless of the mode of transport (it could be a bike) and regardless of whether the driver is paid for the time or not, travelling time in these circumstances is ‘other work’.
Thats how I see it.
as do v.o.s.a who I bumped into earlier today. Explained the scenario, and they said it is def other work.
mentioned this tonight to said transport manager, anyone care to guess his response…
suffice to say it was enough to make me realise what we are all up against alot of the time 4
which saw me booking on from home in the loan van to start work!
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