In a rest period the driver has to be able to use their time freely, is there a definition of freely anywhere? As a driver when i am on call im not restricted to my house sat at the door in uniform ready to go, i can go where i please but if i get a call i have to be on site within 2 hours. We do this at the moment for a 6 day period from the hours of 1800-0500 then the rest of time we stay at home so we have the day off at home, in a week of this we will get 1 call out very rarely 2, so if i have 3 days of not going in a callout would i still be illegal to do this for a 7 day period rather than a 6? We record the on call time as POA when we return to work as normal
On call your on duty your not resting and unable to do as you please. Does not matter if your not called out,your restricted by the virtue of the fact you have to be in within 2 hours
What your saying is if you go out you have to be in your work gear in preparation to work,thats not being free to go and do as you please
Be a big big NO NO for me
I can’t find it just now, but the Gov. site explains the difference between being on call, and being obliged to return to work; and, being on call but able to refuse to return to work of one wishes.
The first not being rest, but the second counting as rest.
It is written there somewhere.
Being on call during a daily rest period
Drivers who are on call during any period of legally required rest must at all times be able to dispose of the rest time as they choose. This means that an employer cannot impose any limitations on drivers during such periods, for example requiring them to remain in or close to home or at another location. Drivers must be able to dispose of their free time as they choose (but this does not include undertaking any work where they are under the control of or are fulfilling an obligation to an employer). Being on call may only extend as far as a driver agreeing to answer a call during a rest period but only if the driver so chooses. On receiving a call to return to work drivers may only do so if they have completed the legally required amount of rest or if the work is deemed to be an emergency"
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Above for Daily Rest.
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“Drivers’ hours and tachographs: goods vehicles - Guidance - GOV.UK” gov.uk/guidance/drivers-hou … s-vehicles
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And Weekly
Being on call during a weekly rest period
Drivers who are on call during any period of legally required rest must at all times be able to dispose of the rest time as they choose. This means that an employer cannot impose any limitations on drivers during such periods, for example requiring them to remain in or close to home or at another location. Drivers must be able to dispose of their free time as they choose (but this does not include undertaking any work where they are under the control of or are fulfilling an obligation to an employer). Being on call may only extend as far as a driver agreeing to answer a call during a rest period but only if the driver so chooses. On receiving a call to return to work drivers may only do so if they have completed the legally required amount of rest or if the work is deemed to be an emergency"
This job would only suit those of a teetotal bent, hope its paying well for being on call continually.
Yes, I would say the acid test question is “Can you drink sufficient alcohol to put yourself over the drink-drive limit?” If you can’t, then you aren’t free to dispose of the time however you choose.
Juddian:
This job would only suit those of a teetotal bent, hope its paying well for being on call continually.
Its bot continuously we have 7 drivers so we do 1 week eat in 7 weeks, and it pays really well
lolipop:
On call your on duty your not resting and unable to do as you please. Does not matter if your not called out,your restricted by the virtue of the fact you have to be in within 2 hours
What your saying is if you go out you have to be in your work gear in preparation to work,thats not being free to go and do as you please
Be a big big NO NO for me
Thank you for the reply, this is why we do 6 days not 7 i was just wondering thats all
Harry Monk:
Yes, I would say the acid test question is “Can you drink sufficient alcohol to put yourself over the drink-drive limit?” If you can’t, then you aren’t free to dispose of the time however you choose.
That is a brilliant way of thinking about it actually, thank you for the reply
watsonfm:
and it pays really well
With that in mind the question is; are you happy or content with the situation? If the answer is yes and if it was me in that position I’d stay schtum and not rock the boat.
the maoster:
watsonfm:
and it pays really wellWith that in mind the question is; are you happy or content with the situation? If the answer is yes and if it was me in that position I’d stay schtum and not rock the boat.
Its just for my understanding im relatively new to driving 2 years nearly i just never understood why we didnt do 7 days because another driver has to cover the saturday which can be a pain, its the spending time freely that threw me i just didn’t know that if you hadn’t gone out for 3 days example why it wouldnt count as you beeing rested.
In my current assignment, we have scheduled rest days. On a non scheduled rest day, where there are no deliveries we are put on standby. (paid 8hr from a given time) it is totally our choice whether we show this as rest or poa on our tachos, (I know legally it has to be poa) but the benefit of showing it as rest means we are free to work on our scheduled rest days, thus getting paid for 7 days.
Caveat, they do sometimes call us in, then it’s ‘as you were’
LazyDriver:
In my current assignment, we have scheduled rest days. On a non scheduled rest day, where there are no deliveries we are put on standby. (paid 8hr from a given time) it is totally our choice whether we show this as rest or poa on our tachos, (I know legally it has to be poa) but the benefit of showing it as rest means we are free to work on our scheduled rest days, thus getting paid for 7 days.
Caveat, they do sometimes call us in, then it’s ‘as you were’
Very similar to us, when it comes to the public and your safety i dont see why this period cant be shown as rest as you’ve had a day off, do your not tired to drive, listening out for your phone us not tiresome work , im sat at home in my undies scratching my balls all day how is that not rest
The alcohol question is interesting, my mate worked on an oil rig and was prevented from having an alcoholic drink from at least 12 hours of commencing his duty, they were routinely tested, even on rest periods, another who works on cruise liners had to sign a no alcohol policy and even during last years covid quarantine has been unable to have a drink in his cabin.
You have to be paid well to accept those conditions.