Hi, just a quick question that you dont find in any books. Im an engineer but drive part time. The engineering firm i work for does shifts on days and nights and works like this… On nights id start at 7pm on a sunday night doing a 12 hour shift and do that for 4 nights into thursday morning. Where do i stand with being able to drive friday and saturday?
Wait for Tachograph or Rog to arrive for a correct answer.
But I reckon not a lot as that’s 48 hrs “other” work every week and getting enough time off will be a problem even paying back every other weekend.
euroscot:
Hi, just a quick question that you dont find in any books. Im an engineer but drive part time. The engineering firm i work for does shifts on days and nights and works like this… On nights id start at 7pm on a sunday night doing a 12 hour shift and do that for 4 nights into thursday morning. Where do i stand with being able to drive friday and saturday?
going to be a little difficult to say without an exact rota covering say 4 weeks
ROG:
euroscot:
Hi, just a quick question that you dont find in any books. Im an engineer but drive part time. The engineering firm i work for does shifts on days and nights and works like this… On nights id start at 7pm on a sunday night doing a 12 hour shift and do that for 4 nights into thursday morning. Where do i stand with being able to drive friday and saturday?going to be a little difficult to say without an exact rota covering say 4 weeks
It can change rog, could be four weeks on nights or just a week at a time. But between thursday morning and friday id obviously have 24 hours off.
you can go 144 hours max between weekly rests, so if you start at 1900 on a sunday, the you must start your next weekly rest no later than sat 1900. whenever you take a weekly rest you reset the 144 hours. in any 2 consecutive fixed weeks (0000 monday - 2400 sunday), you must have at least 1 regular weekly rest (min 45 hours) and 1 reduced weekly rest (min 24 hours), if you reduce you must pay back in one block the shortfall by the end of the 3rd week after the reduction, tagged onto any daily or any weekly rest. if a weekly rest crosses midnight sunday night / monday morning, then it can count in either week, but not both. don’t forget your daily rest reductions are in between weekly rests, but your 2 x 10 extended drives are in the fixed week
have a google of GV262-03 it’s all in that book!!
euroscot:
Hi, just a quick question that you dont find in any books. Im an engineer but drive part time. The engineering firm i work for does shifts on days and nights and works like this… On nights id start at 7pm on a sunday night doing a 12 hour shift and do that for 4 nights into thursday morning. Where do i stand with being able to drive friday and saturday?
You can’t. Whilst there is no problem as long as you can get a 45hr continuous break between the last time you drive and when you start your next engineering job shift at least once every other week under EU drivers hours rules, the Working Time Directive for mobile workers, the Road Transport Directive, specifies a maximum 48hr weekly average over a 17 or 26 week reference period with a maximum 60hrs work in any one week. Unlike your engineering job you cannot opt out of the RTD and your hours as an engineer would count as work under that. Deducting breaks you probably do an average of 44hrs a week as an engineer so effectively to comply with the RTD you’d only be able to work 12hrs out of every 3 weeks in order to meet the 48hr average.
Conor:
euroscot:
Hi, just a quick question that you dont find in any books. Im an engineer but drive part time. The engineering firm i work for does shifts on days and nights and works like this… On nights id start at 7pm on a sunday night doing a 12 hour shift and do that for 4 nights into thursday morning. Where do i stand with being able to drive friday and saturday?You can’t. Whilst there is no problem as long as you can get a 45hr continuous break between the last time you drive and when you start your next engineering job shift at least once every other week under EU drivers hours rules, the Working Time Directive for mobile workers, the Road Transport Directive, specifies a maximum 48hr weekly average over a 17 or 26 week reference period with a maximum 60hrs work in any one week. Unlike your engineering job you cannot opt out of the RTD and your hours as an engineer would count as work under that. Deducting breaks you probably do an average of 44hrs a week as an engineer so effectively to comply with the RTD you’d only be able to work 12hrs out of every 3 weeks in order to meet the 48hr average.
If he drives for 10 days or less on a reference period less than 26 weeks, or 15 days or less if the reference period is 26 weeks or longer, then he can opt out of the wtd 48 hour average
euroscot:
Hi, just a quick question that you dont find in any books. Im an engineer but drive part time. The engineering firm i work for does shifts on days and nights and works like this… On nights id start at 7pm on a sunday night doing a 12 hour shift and do that for 4 nights into thursday morning. Where do i stand with being able to drive friday and saturday?
If that was a regular shift pattern starting every Sunday you would be able to work a shift every week between 16:00 Thursday and 22:00 Friday, realistically you could do a shift every Thursday night or a day shift every Friday, as long as you start a weekly rest period no later than 22:00 Friday and don’t start work again until 19:00 Sunday it should be fine.
Basically if you can get a 45 hour weekly rest period in every week you could do a shift every week, if you was doing a HGV shift every week you would need to be finished HGV driving no later than 144 hours from when you start the working week ie 19:00 Sunday.
There are other ways you could work it but as your shift pattern is irregular it’s difficult to be too precise.
As far as the working time regulations are concerned, your engineering work does not count towards the 48 hour average for the mobile workers WTD otherwise known as the RT(WT)R, the general WTD that applies to your engineering job can be opted out of so is irrelevant as long as your employer lets you opt out of it.
tachograph:
As far as the working time regulations are concerned, your engineering work does not count towards the 48 hour average for the mobile workers WTD otherwise known as the RT(WT)R, the general WTD that applies to your engineering job can be opted out of so is irrelevant as long as your employer lets you opt out of it.
Has to be accounted for on the tachograph. Would be counted as hours for the RTD.
If you believe otherwise, please can you post me a link?
I had a phone call about weekend overtime the other day. ■■■■, I thought, I have been getting away with not pulling Saturday or Sunday work for to long, i’ve been rumbled. Imagine my intense relief when it turned out that a few drivers complained about NOT getting any of the weekend work. ( 
) They wanted to know if I was one, and if I wanted any overtime… HAHAHAHAHAHAHAHA
No, no. Absolutely not.
Conor:
tachograph:
As far as the working time regulations are concerned, your engineering work does not count towards the 48 hour average for the mobile workers WTD otherwise known as the RT(WT)R, the general WTD that applies to your engineering job can be opted out of so is irrelevant as long as your employer lets you opt out of it.Has to be accounted for on the tachograph. Would be counted as hours for the RTD.
If you believe otherwise, please can you post me a link?
Work done for a company that is not a transport undertaking does not have to be recorded on the tachograph but when the work is done in the a week that the driver works in-scope of EU regulations must be recorded on either the tachograph or charts or printouts or where appropriate log sheets.
None mobile worker working time has to be recorded in a week that a worker works in-scope of EU regulations only to show the driver has complied with the daily/weekly rest periods.
Only work done as a mobile worker counts towards the mobile workers working time, work done that does not involve you as a mobile worker does not count towards the average 48 hour weeks working time.
(1) These Regulations apply to mobile workers who are employed by, or who do work for, undertakings established in a Member
State of the European Union, and to whom paragraph (2) or paragraph (3) applies
“mobile worker” means any worker forming part of the travelling staff, including trainees and apprentices, who is in the
service of an undertaking which operates transport services for passengers or goods by road for hire or reward or on its own
account;“working time” means the time from the beginning to the end of work during which the mobile worker is at his workstation, at the disposal of his employer and exercising his functions or activities, being
(a) time devoted to all road transport activities, including, in particular—
(i) driving;
(ii) loading and unloading;
(iii) assisting passengers boarding and disembarking from the vehicle;
(iv) cleaning and technical maintenance;
(v) all other work intended to ensure the safety of the vehicle, its cargo and passengers or to fulfil the legal or regulatory obligations directly linked to the specific transport operation under way, including monitoring of loading and unloading and dealing with administrative formalities with police, customs, immigration officers and others; or
(b) time during which the mobile worker cannot dispose freely of his time and is required to be at his workstation, ready to take up normal work, with certain tasks associated with being on duty, in particular during periods awaiting loading or unloading where their foreseeable duration is not known in advance, that is to say either before departure or just before the actual start of the period in question, or under collective agreements or workforce agreements;[/list:u]“workstation” means
(a) the location of the main place of business of the undertaking for which the person performing mobile transport activities carries out duties, together with its various subsidiary places of business, regardless of whether they are located in the same place as its head office or its main place of business;
(b) the vehicle which the person performing mobile road transport activities uses when he carries out duties; or
(c) any other place in which activities connected with transport are carried out.
[/quote]
1.5 - Guidance on the Road Transport (Working Time) Regulations 2005Time spent working for employers other than
those who are transport undertakings is
not counted as “working time” under the
Regulations.
Thanks for the clarification. The last one was the pertinent one.