Hi all recently been starting every day between 0400-0430 only doing 12 hours etc, now the TM has pulled me that I’m starting in night time hours and can only do 10 hours!?
He says it’s gone upto no starts before 0500 AND you can’t opt out!!■■ (From vosa apparently)
Can I have some Answers please and even better a link to the legislation I need to read.
Thanks in advance
As far as I am aware that’s cobblers or I’m in trouble
That’s what I thought, but he says it’s now 0500 and you can’t opt out!?
start at 5.00am tell them u need night rate
Yup, Cobblers
if you start before 4 not 5 am, you are under Night worker rules, BUT can opt out as long as there is agreement - see excerpt below
“Night work: if night work is performed, working time must not exceed 10 hours in any 24-hour
period. Night time is the period between 00.00 and 04.00 for goods vehicles and between 01.00
and 05.00 for passenger vehicles. The 10-hour limit may be exceeded if this is permitted under a
collective or workforce agreement.”
From VOSA own Booklet (GV262, page 46) , just google it.
Tell your TM to update his knowledge (or perhaps pass his CPC), sorry bugs me as a TM when so called professionals come out with this easily disproved Cr&p
Deano
Tell your TM to find another job and let a true professional have his position. He has no clue or understanding about current regulations based on what you’ve said.
Unless you drive a bus and then it is 01:00 and 05:00 which would affect you.
Cheers Deano much appreciated 
Young_AL:
Hi all recently been starting every day between 0400-0430 only doing 12 hours etc, now the TM has pulled me that I’m starting in night time hours and can only do 10 hours!?
He says it’s gone upto no starts before 0500 AND you can’t opt out!!■■ (From vosa apparently)Can I have some Answers please and even better a link to the legislation I need to read.
Thanks in advance
For drivers of goods vehicles night time is between midnight and 04:00, for drivers of PCS vehicles night time is between 01:00 and 05:00, if you start work between those times you’re restricted to 10 hours working time in the 24 hour period from the start of the shift, working time is driving and other work it doesn’t count breaks or POA.
Assuming you drive goods vehicles, which I think you do, if you haven’t been starting before 04:00 you was not considered to be a night worker and are not restricted to the night workers working time limit.
As for the 05:00 bit, if you drive goods vehicles that’s just nonsense 
One more thing, you can opt out of the night time working limit with an opt out agreement.
You may wish to show this link to your TM 
Night Work - The Road Transport (Working Time) Regulations 2005
edit;
Forgot to add alink to the definition of “night time”, about a third of the way down the page.
Interpretation - The Road Transport (Working Time) Regulations 2005
Thanks again for your speedy replys everyone can’t wait to see the TM tomorrow afternoon 
Tell him to learn the rules properly
Or get a job as a cpc trainer because they talk ■■■■■■■■ as well
You can opt out as long as all your mates agree or at least the majority, not sure. Unless they’ve changed it recently?
Tell he is correct and just enjoy an extra hour in bed.