Shunting more problems

NEW AND WANNABE DRIVERS (INTERACTIVE)
1

sorry to start another thread, but it is worrying me so much…after the trailer was dropped. i got home last night and the agency has sent me a letter requesting what working time i did last weekk…Question again about will they come after me for the damage…

I do a full time job 37.5 haours a week nothing to do in any shape or form with driving I did the agency shift 8 hours shunting thursday then 5 hours shunting friday until i got kicked off the job…
if i fill in the form the agency is requesting me about the my working time then did i go over the working hours in relation to driving or does my full time unrelated job that has nothing to do with driving count and again was i wrong and again am i liable to be billed for the damage.or is the agency concerned that i did no other driving that week as my total driving last week was 8 thur and 5 fri and 37.5 hours in my full time job.
should i quit now and not answer any questions from the agency

comments please

2

Just lie :slight_smile: It always works for me

simon

3

It might be time to get some advice on this matter, so you will know for sure. I suggest you get down to your local Citizens Advive Bureau.

If you were employed, your employer would be liable for any work they make you do. eg. If you have an accident doing a job that is not in your job description, but they have made you do, they would be liable in an accident. Whether their insurance covers it or not would depend on the circumstances (i.e. were you properly trained etc.). So in your case, seeing as they asked you to go next door & do them a favour, they would be liable. Being an agency driver shouldn’t change this, they have to be insured in the case of an accident.

4

i make your working time to be 50.5 hours which is perfectly legal. the 48 hour rule is an average, not a maximum plus it depends on your mode switch. cross hammers means working, the box is POA which is not counted. it is this little diamond that has allowed me to be on duty for over 60 hours. most of it is POA :smiley:

i dont know what you damaged but normally, the agency will have it written into their contract with the client stating that the client is responsible for all repairs. there are very few agencies who will take payment from a driver for any accidents or damage. the agency driver is exempt in most cases even where the client has a policy of charging their own drivers a set amount per claim

5

If you do any driving in a week which is covered by EU drivers hours, then all other work undertaken that week counts towards your drivers hours, or in your case your working hours.
As long as you’ve not broken any daily spread by doing two jobs you’ve no need to worry, SO DONT.
I’d give them the information they want as it shows you haven’t broken any rules and ASK the agency what is going on. Ask them if they are going to attempt to claim money for damages from you.
As mr cain said, visit the CAB if only to put your mind at rest.
Again DONT WORRY. This was an accident and they will have great difficulty claiming for damages against you

6

goofball:
I do a full time job 37.5 haours a week nothing to do in any shape or form with driving I did the agency shift 8 hours shunting thursday then 5 hours shunting friday until i got kicked off the job…
if i fill in the form the agency is requesting me about the my working time then did i go over the working hours in relation to driving or does my full time unrelated job that has nothing to do with driving count and again was i wrong and again am i liable to be billed for the damage.or is the agency concerned that i did no other driving that week as my total driving last week was 8 thur and 5 fri and 37.5 hours in my full time job.
should i quit now and not answer any questions from the agency

comments please

Oh dear. Your other job DOES count. More importantly, it counts towards drivers hours. YOU HAVE TO COMPLY WITH DAILY AND WEEKLY REST.

For example: It would be illegal to start your non driving job at 8am, finish at 4 then do 8 hours on agency, have time off then start your non driving job at 8am the following morning as you have not had a 9 hour break.
Also: It would be illegal to work 5 days non driving job and then do driving on the other two days as you’d not satisfy the weekly rest requirement. Likewise, you’d only be able to drive on one of the two days off a week but only every other week.

7

my working week this week ending sunday went like this
mon day off
tues day off
weds 12 hour of my full time permanent job
thur agency 8 hours - 45 break
fri agency 5 hours then dropped trailer
sat 12 hour of my full time permanent job
sun 12 hour of my full time permanent job

Working it out this way does it mean that i was within the wtd doing 25 hours before i dropped the trailer and as the accident happened between my full time job does it mean i was within the wtd

8

zb happens m8,the company will have insurrance against these here accident’s,your wtd/rtd hours have nothing to do with this accident.They are only trying to blame someone else as it looks bad on them.Tell them that they can shove the letter where the sun don’t shine.Then go somewhere else.Christ if we claimed for the amount of damages that agency driver’s have caused then i’m sorry but they’d be paying for it the rest of their driving day’s. :wink:

9

First point is that they cannot come after you for any money, they (the agency) employed you and as such you are covered by their liability insurance, Accidents happen and thats what insurance is for, so don’t bother getting worked up over it, you are not the first to do and I can guarentee you wont be the last.

Second point, Did you have a tacho in? As you were shunting I assume you you were on private premises? If so you would not have needed to put a tacho in and as such you do not need to worry about the drivers hours reg UNLESS you had been out on the road that week in a commercial vehicle.

now just :smiley: , and remember crap happens. :laughing: :laughing:

10

I assume you take lunch breaks in the job you do, these are not counted towards working time. So long as you’ve complied with the EC drivers hours law detailing breaks, rests and such like, then their’s not a problem.

As for the damage, I wouldn’t think you’d be liable - I’ve not heard of anything like that, although I stand to be corrected. The employers insurance would cover you for it. If they’ve okayed you to work in that yard, then it ought to cover you, so no problem :wink:.

I’ll leave it to you weather you fill the sheet in or not, but from your post, I think you would be okay with that and complying with the law as it stands :wink:.

The agency will do everything they can to keep the client, including chucking some/all of the [zb] your way. So batten the hatches down and wait to see what happens. Hope all goes well for you :wink:.

11

As regards the request received to notify ALL working hours for that week. The Agency are obligated by the Regulations to obtain and retain this information for a period of two years.

If you fail to comply, then I would suggest that they would have grounds to withhold payment.

The next point is as to whether you were driving under EC Rules. I.e. Driving under Domestic Rules is exempt from WTD and only comes into effect if during any 17 week reference period, if you work more than 10 days under EC Rules. And remember that the current reference period ends on 31 July 2005, when calculating any subsequent working under EC Rules.

In fact, the Agency, to comply with their obligations, should have already requested details of ALL work completed since 28 March, together with any sickness and holiday days taken.

As for the matter of the damage. Don’t worry about it. Everybody makes mistakes and if everyone, employers and agencies alike, failed to ‘invest’ in new blood, then the system would soon grind to a halt. Look at it this way, having done it once, you ain’t ever likely to do it again. :laughing:

Whoever ends up paying, they all know that people involved in Transport tend to swap and change for no other reason than they are bored or someone else is offering a few pennies more. To an Agency, YOU are a potential “Cash-Cow”. If they don’t find you work, then they don’t make a profit. Even if you leave and get a full time job, who will it be that you will look to first for any additional days, or in periods between jobs? Obviously any Agency that has supported you and treated you well. Mishaps are inevitable during the early months, even years. It is a risk that is factored into the structure of businesses.

As to whether ‘shunting’ is a good way to learn. I have mixed feelings on this.

If EVERYONE is aware of a lack of experience on the part of the person, and a full safety briefing has been given, together with watchful supervision during the initial hours, and the person is allowed to work at their own pace, then yes it is certainly beneficial.

But if everyone is expecting everything to be done at the same speed as when regular staff are undertaking the function, then it is a recipe for disaster.

12

thanks
marcustandy,
daveyboy,
milkman,simon,
theghoustofcain.
scanny77,
david51,
conor,
kitkat,s
mcaul,li
berace,
krankee for your comments it does help to read your thoughts

goofball

13

Do not worry about your mishap.I was recently shunting at a well known car manufacturer, working for an agency and a well experienced driver pulled off the bay without securing his load or shutting the rear doors, i have never seen so many useless car parts on the floor at once.
Send in your working times you deserve to be paid for your time.
There are numerous drivers out there doing 2 jobs to earn money, its called the real world.Good luck.

14

thanks appreciate it :slight_smile: