As we all know the WTD has now been ‘in force’ for a week now. So far, the company I work for have done nothing to alter the way in which we work bar the tacho procedure which most of us have been using since mid feb.
We were told that new daily worksheets would be drawn up to enter POA and ‘Other Work’ times in. These have yet to appear.
However, this afternoon I wandered into the Traffic Office to find my supervisor checking tacho charts and writing down times. I asked what that was for and he said ‘It is for your benefit’ and he then told me that I shouldn’t put the Tacho in the head until I am just about to leave the yard, ie, Stop at the gate and put the chart in and the when I come back in the yard to take the chart out of the head immediately.
I happened to watch the times he was writing down from my chart and he was entering the time from when the chart went into the head to when the chart came out. Which from the time on my hour guard means he has written down a period of 12:05 hours. However, working time was no more than 8 hours today. It seems to me as if this particular company have taken the lazy route through this legislation and are not actually counting up working time, but merely using the time we spend on duty as the Working time.
Surely this practice goes against what the RTD was brought in to do and also means that by thursday, according to their records, I will have exceeded the 48hours, and by saturday wont be far off 60.
I have decided that I will be keeping a proper written record of my working times and POA, using my Hour Gaurd as a time keeper, but when my supervisor turns round in 15 weeks time and tells me that my average is 55 hours, how the hell am I going to be able to convince them that my records are much better than theirs■■?
tvradict:
he then told me that I shouldn’t put the Tacho in the head until I am just about to leave the yard, ie, Stop at the gate and put the chart in and the when I come back in the yard to take the chart out of the head immediately.
As that instruction is clearly contrary to EC Regs (EU 3821/85 from memory) then the ‘diplomatic’ method of raisng discussion on the subject would be to initiate a “Grievance Procedure”. You send him a letter and he has 28 days to respond.
As that instruction is clearly contrary to EC Regs (EU 3821/85 from memory
Right Krankee, It’s Article 15.2 of Council Regulation EEC 3821/85; ‘Drivers shall use the record sheet every day on which they are driving from the moment they take over the vehicle. When, as a result of being away from the vehicle, a driver is unable to use the equipment fitted to the vehicle, the periods of time spent on; other work, rest or a period of availabliity shall be entered on the sheet manually, automatically, or by other means, legibly and without dirtying the sheet.’
Tvradict; Point out nicely to the Supervisor that what he has told you regarding only putting the chart in ‘at the last moment’ is equivalent to ‘Causing you to make an incomplete record,’ that would be pretty expensive in Magistrates Court, for him (and you if you followed his advice). It could be looked at as ’ Causing you to make a false record,’ again very expensive and with the additional bonus of a prolonged period of holiday, trouble is the view through the window s obscured by the bars!!! The RTD regulations also give holiday periods for those making ‘false records’ in an attempt to make it appear the regulations are being complied with.
Quite possible that VOSA would look into this, afterall you are altering your records (even if your company are telling you to) and they could judge you at fault
