Recently the company i work for has had the Tacho’s analyzed. As a result was we were told to use P.O.A more to extend our Working time, One driver who has been chosen as the “Golden balls” is carrying the instructions to a tee, however, he is also loading his vehicle when on P.O.A surely this is an abuse of P.O.A and illegal?
Of course when the tacho’s are analyzed again Golden Balls will be highlighted as the standard bearer but surely this just promotes illegal working, seriously considering my position within the company, as this abuses the driver’s time when in-fact you are completing other work, also what kind of analysis would recommend working to this practise?
I doubt the analysis recommended that drivers work illegally. I am sure they meant that when sitting around doing nothing (i.e. not working) ensure the drivers record POA or BREAK.
As long as you continue to record the correct mode for your activity then you are OK. If this means your working time is too high - then the company needs to adjust your work load to allow you less work (more POA or Break) in a legal manner.
I am not too sure you need to ‘consider your position’. Just stick to what you know to be correct and stand up to a company that is clearly in breach of the terms and conditions of their Operators Licence. Remind them that as the Operator or TM (or both) it is a criminal offence for them to knowingly break the rules. if they have instructed drivers to carry out work but record POA they could lose their precious operator licence and therefore possibly their business.
Do you work for a haulier or a company with a restricted licence?
Have they specifically asked you to unload whilst on POA ?
If they have try to record them asking you again. Just carry on as normal (legal) and if they threaten to sack you say you have proof of them asking drivers to run bent and if they don’t back off the relevant body will be getting a viewing of it.
Are you paid by the hour ?
This is a side issue and not an excuse to run bent but it’s about the only reason I can think of that benefits a driver when running bent. Salary drivers just drive down their average hourly rate when illegally extending their day using dodgy breaks and POA.
We deliver products via a crane trailer, the company have asked that we use P.O.A when waiting to be loaded, however when waiting to load you have to queue, so when the vehicle in front is taken to be loaded you move down the queue. So not an opportunity to take P.O.A as this is not a period of availability, you are waiting for the next available loader. Should we deliver to a yard and be told 20 minutes before we could offload or enter the yard, then i except this is the opportunity to use P.O.A.
During loading we are expected to check our loads making sure the the products are correct and a good quality, so again not a period of availability but other work, the TM has encourage the “Golden Balls” to use P.O.A during this process?
According to the TM the analysis does encourage this?
ROG:
Are they saying you can use break instead of poa
Or vice versa, that is a big problem and can quickly lead to infringements. I’m lucky I only work two shifts a week so there’s really no need for me to use POA, but after trying to be clever and use POA I found I had inadvertently dropped myself in the ■■■■, so now, ■■■■ POA, unless you fully understand it avoid it like the plague!
Now I only use work and break modes.
VOSA are not stupid. If all the drivers at this place suddenly copy “Golden Balls” and overuse POA as soon as VOSA see it they will check the fleet database and compare all these hours on POA with the same runs done in the past. Simple everyone will get nicked
Im lucky that I work for a company that frowns upon the use of POA.
In essence your either working or on a break, sure it may be useful to extend a period so you only need 30 minutes instead of a 45 minute break but how crap would you have to be at managing your time to need that.
So treat POA as “Press Once Again” I.e when switching rest to other work on a digital tacho, its purpose in my humble opinion is nothing more than to confuse and overcomplicate an issue that doesnt excist.
That said if I worked for a company that insisted on using break when in an RDC ■■■■ hole, I would use POA just to be militant. Then take my break afterwards for proper recuperation.
If golden balls wants to use it thats fine, as its his decision, but it would be wise not to trust such a blatant brown noser.
this opens up a argument I had with another driver at a RDC ‘’ you on break …no …'‘you on POA …no …i’m on work …’'why …cos i’m working park on a bay go into office hand over keys so working wait for office to tell me i’m tipped get keys paper work then have a break
