OK, here goes
I have been told by my agency that I now need to attend the office to sign any infringements during my weekly rest or my daily rest. The agency have previously sent the papers by post.
Now I am not one bit amused that I will have to do anything work related during my time off, so my question is: legally , is attending office premises to sign paper work classified as âWorkâ or âRestâ ?
My own understanding of the tacho rules is that this would be âOther Workâ, and should by such be noted on an analouge Tacho chart, and will indeed interfere with Daily/Weekly Rest.
Can someone put me in the direction of where in the Tacho regulations there would be anything that will clarify this â â
I think this may be a bit of a grey area to be honestâŚSome people on here will argue âYes it counts as other work so donât do itâ but others will say âtechnically unless youâre being paid to pop into the office for 5 mins to sign the paperwork, its not classed as other workââŚand so on so forthâŚIâd call up VOSA or something for a proper answer on this one. How far away is the agencies office? If its not to far away, Iâd just pop in on my way past during some shopping or something.
Adam, I canât agree that unpaid attendace isnât classified as work. VOSA clearly say that attending a cpc course have to be put down as âother workâ. Also, if it was just a matter of getting paid or not, would it then be OK to run 18 hours on your card bcause you didnât get pay for the first 3 hours you were waiting for a unit â â No, that doesnât make sense.
DessyâŚLOLâŚI like your thinking. Do you recon I should just put an 8 hours day on my time sheet ?
Cargo-girl:
Adam, I canât agree that unpaid attendace isnât classified as work. VOSA clearly say that attending a cpc course have to be put down as âother workâ. Also, if it was just a matter of getting paid or not, would it then be OK to run 18 hours on your card bcause you didnât get pay for the first 3 hours you were waiting for a unit â â No, that doesnât make sense.
DessyâŚLOLâŚI like your thinking. Do you recon I should just put an 8 hours day on my time sheet ?
I never said it wouldnât be classed as work just because you werenât paidâŚI just simply gave 2 opposing things people will say. My advice to you was to call up VOSA and ask them properly And whats this 18 hours thing you speak of? Youâre telling me that youâve turned up somewhere, waited 3 hours for a unit, then done a 15 hour shift?..or have I got that completely wrong?
And lets face itâŚIâd love to say tell the agency you want pay for popping in for 5 minutes, but realisticly, theyâll tell you to F Off.
Adam, I know what you meant, that some would say so and so. It was that I respeonded to.
And yes, actually I do say that the 18 hour scenario does happen. Not where I work now mind.
I was being sarcastic when suggesting I asked for a days wages
Cargo-girl:
Adam, I know what you meant, that some would say so and so. It was that I respeonded to.
And yes, actually I do say that the 18 hour scenario does happen. Not where I work now mind.
I was being sarcastic when suggesting I asked for a days wages
Iâve never known anyone whoâs done this whole 18 hours thingâŚpersonally, and I think loads of people will agree with me, if you wait around for 3 hours, then do a 15 hour shift and only get paid 15 hoursâŚyouâre a mug!
fuse:
If you have to go to your place of work to sign your at work end of
Exactly right!! If the agency tell you to Foxtrot Oscar when you ask to be paid to attend âtheirâ infringement p/work signing then sign them when they next want a shift doing!!
Cargo-girl:
OK, here goes
I have been told by my agency that I now need to attend the office to sign any infringements during my weekly rest or my daily rest. The agency have previously sent the papers by post.
Now I am not one bit amused that I will have to do anything work related during my time off, so my question is: legally , is attending office premises to sign paper work classified as âWorkâ or âRestâ ?
My own understanding of the tacho rules is that this would be âOther Workâ, and should by such be noted on an analouge Tacho chart, and will indeed interfere with Daily/Weekly Rest.
Can someone put me in the direction of where in the Tacho regulations there would be anything that will clarify this â â
An extremely GRUMPY agency driver
It sounds to me that the agency is too tight to spend out on the postage to send them. My own experience is that a lot of firms use tachograph analysis outfits as a way of âappearingâ proactive in addressing tacho violations, and part of that be it agency or company means getting the drivers to sign to acknowlege their violations, (two minutes late for your 45, and you get half a trees worth of printout), so, thatâll be why you get called in, but you could probably do it by fax or e-mail by arrangement?
The legal part of it I really wouldnât feel qualified to answer, but unless itâs a real howler of a violation, I should think that you could combine the visit with something else.
Well as you cannot dispose of the time freely it cannot be âRestâ and you are under the instruction of your employer so Iâd have to say that itâs âother workâ regardless of whether or not youâre being paid, but why do they want you to go to the office to sign the infringements
Having said that I suppose the obvious answer is to avoid getting infringements
what I have done when I have had to go to office⌠sssssshhhhhhhhhhhhhh! is when I have finished a shift with some time left added a hour on and gone straight to the agency after work to sort whatever the problem is, also clocked the mileage on the expenses if I am feeling lucky or hungry maybe a kfc to!
Adam_Mc:
Iâve never known anyone whoâs done this whole 18 hours thingâŚpersonally, and I think loads of people will agree with me, if you wait around for 3 hours, then do a 15 hour shift and only get paid 15 hoursâŚyouâre a mug!
You do Adam - Ive done an 18 hour shift before, Reading services was a nice way to spend a day
I started at 23:00 the previous night and got finished at 17:30, due to problems with the fuel card
I am not sure whether driver employment agencies have any jurisdiction or authority to expect a driver to admit to any infringements, made up or real.
For the 561/2006 drivers hours legislation, the buck stops with the driver and the vehicle operator who keeps the record for 12 months.
In the case of the WTD, the records have to be held for 24 months, but I have not seen any legislation that says infringement reports have to be completed or kept by an employment agency.
Wheel Nut:
I am not sure whether driver employment agencies have any jurisdiction or authority to expect a driver to admit to any infringements, made up or real.
Some companies send the infringements papers to the agency so they can get them signed by the driver and then return them to the transport company, itâs easier that way if the driver isnât always at the same company.