Sounds like you’re proper ■■■■■■.
send off for a new digi card, then tell vosa they can come for a chat, deny ever driving a lorry at weekends (they can check your unused digi card ).
you will be entitled to advanced disclosure, this will show what cause they have to suspect you of any wrong doing, therefore you’ll know who the grass is. i’d then invite him along to the meeting.
Tazbug:
My question is…Am I legally obliged to meet this officers request?
Actually, thinking about it you are not legally obliged to meet the officers request. Nor do VOSA have ANY powers of arrest or detention.
You’re legally obliged to provide details of your working hours to any of your employers (i’m sure you’re aware of this). And thats it, VOSA can go check them. If there’s anything amiss i’m sure they’ll need to get the police to get you to succumb to an interview. If there’s nothing amiss then they’ll be hard pushed to get the police to do this.
Its like when a uniformed RSPCA ‘Inspector’ says to you "its ok, you’re not under arrest or anything, i just need to ask you a few questions "…he actually has no more authority than the man in the street . I’d tell them to go swivel.
Check the email address that has supposed to have come from vosa. not something stupid like @yahoo by any chance and the bloke who has a beef with you is winding everyone up ?. vosa would write to you not email you. did it ask for a read report ?. as how do they know it has been delivered ?. something not right here at all in my opinion and that’s from someone who was vosa. and mike c yep your spot on the money also.
Mike-C:
Tazbug:
My question is…Am I legally obliged to meet this officers request?Actually, thinking about it you are not legally obliged to meet the officers request. Nor do VOSA have ANY powers of arrest or detention.
You’re legally obliged to provide details of your working hours to any of your employers (i’m sure you’re aware of this). And thats it, VOSA can go check them. If there’s anything amiss i’m sure they’ll need to get the police to get you to succumb to an interview. If there’s nothing amiss then they’ll be hard pushed to get the police to do this.
Its like when a uniformed RSPCA ‘Inspector’ says to you "its ok, you’re not under arrest or anything, i just need to ask you a few questions "…he actually has no more authority than the man in the street . I’d tell them to go swivel.
^^^^^^^^^^^^^this^^^^^^^^^^^^
I found it kind of strange where an earlier poster said that VOSA had interviewed him under caution. Excuse me but if any VOSA bod tried to caution me we’d be finding out about his powers of arrest or preferably his powers to detain me, shortly followed by his powers of recovery!
This is one of those things where refusing because you want to be big and clever usually ends up in you shooting yourself in the foot. You refuse and then they decide to do a bit more digging which for most drivers will turn up an infringement or two or habitual speeding…
del949:
Surely the first thing Vosa would need to ascertain is that he HAS been driving on his days off.
His current full time employer will have no records of that
Sorry but in order to comply fully with the RTD his employer MUST have records of the time he has worked on his days off for other companies. To be fully compliant, all companies someone works of must have records of the amount of time spent working at the others. This has to be done to ensure compliance with the 48hr average working week.
Winseer:
Vosa have got nothing unless they know of a second employer who’s allowing a full time driver from somewhere else to run say, a 7 day spread, or more than a 90 hour fortnight for example.
Eu Drivers hours isn’t the only thing that needs to be complied with. The RTD/WTD average 48hr working week could be being breached by doing 40hrs for a non driving job then doing just one day per week driving for another employer.
neilf:
If as your original post states, you have approval from your main employer and you are sure that you have maintained the rest requirements as per EU tacho rules then you’ve nothing to hide.
Sorry but if he has a 40hr a week job and does 4 days per month driving he would be in breach of the working time directive because he would be exceeding the 48hr weekly average.
Winseer:
I’m not sure what would happen if the moonlighting involved someone with a joint LGV/PSV licence who drove a bus on “moonlight day”
Interesting point. If the subsequent bus “moonlighting” job is covered by Domestic PSV hours regs, then providing the “moonlighter” meets the weekly hours and rest periods for Domestic PSV and then has sufficient weekly rest to comply with EU rules, before resuming EC rules, then the driver is OK? So day 7, 8,9,10, 11 etc all under PSV domestic rules are OK?
What he can’t do is the other way round, unless his Domestic PSV hours from previous weekly rest comply with EU rules.
Sounds like someones ‘fishing’ to either get you or either employer nailed for something/anything.
Being contacted by email sounds dodgy to me, even from VOSA.
Maybe your employers’ computer has been ‘hacked’ in some way, got your/his details (and maybe others), and so ended up with spam or ‘phishing emails’.
Or, has either employer been ‘naughty’ in the past?
Conor:
Sorry but if he has a 40hr a week job and does 4 days per month driving he would be in breach of the working time directive because he would be exceeding the 48hr weekly average.
No he wouldn’t. The exact amount of shifts he can do before he even comes under the RT WTD will depend on several factors. But he does not automatically come under the RT WTD.
skids:
If the vosa officer is a friend of the coleague who “grassed you up” then you would probably be in your rights to request a different officer I would have thought.
On a seperate note, I trust you declared the driving job to the taxman as well? A good friend of mine didn’t and ended up with an automated bill for nearly £2k in unpaid tax for last year. He was just doing a bit for agency at weekends to pay for a holiday
I would also suggest that there may or may not be an amount of data protection' lingering within this one too :unamused: :unamused: Either way, I suggest you ask your employer for a copy of said
e-mail ’ – you are entitled to see or and have a copy of any information that they may hold written down about you. Freedom of Information disclosure request .
Mike-C:
Conor:
Sorry but if he has a 40hr a week job and does 4 days per month driving he would be in breach of the working time directive because he would be exceeding the 48hr weekly average.No he wouldn’t. The exact amount of shifts he can do before he even comes under the RT WTD will depend on several factors. But he does not automatically come under the RT WTD.
I’ve always wondered about this Mike, can you explain it a bit more
Cheers
Non driving job = normal WTD which can be opted out of
Driving job = RT(WT)D which cannot be opted out of
There does not seem to be anything in the WTD or RTD rules which states that they must be added together - that I can find
So which one would the OP come under if he worked 35 to 40 hours in an office type job then did 12 plus hours on a Sunday?
How would you go on about weekly rest etc if you finished at 16:00 on a friday then did early Sunday morning (say 0200 starts), so you could be doing 47 to 55 hours including your week time job with a 34 hour break each week
Maybe VOSA should have a little more teeth to act.
You will comply immediately. failure to comply will result in your body being destroyed by neutron radiation, and your ashes to be dispersed beyond the orbit of Ross 128 where they will be captured and interned for all eternity.
old_n07:
Mike-C:
Conor:
Sorry but if he has a 40hr a week job and does 4 days per month driving he would be in breach of the working time directive because he would be exceeding the 48hr weekly average.No he wouldn’t. The exact amount of shifts he can do before he even comes under the RT WTD will depend on several factors. But he does not automatically come under the RT WTD.
I’ve always wondered about this Mike, can you explain it a bit more
Cheers
I don’t pretend to understand it 100% but the RT WTD says…
(4) These Regulations do not apply to–
(b)any worker who does work which is included in the calculation of working time–
…
(i)where the reference period is shorter than 26 weeks, on fewer than 11 days in a reference period applicable to that worker, or(ii)in any other case on fewer than 16 days in a reference period applicable to that worker.
It looks like, well what it says but i’m unsure of where the ‘reference period’ is decided. i.e your usual employer or the employer you are doing the odd shifts for. Either way its clear that with a certain amount of limited shifts within these reference periods that you don’t come in scope of the RT WTD.
The Working time regulations affect everyone (in general), and there is reference periods mentioned in that which are probably the reference periods refered to above. I would of thought anyway.
old_n07:
So which one would the OP come under if he worked 35 to 40 hours in an office type job then did 12 plus hours on a Sunday?How would you go on about weekly rest etc if you finished at 16:00 on a friday then did early Sunday morning (say 0200 starts), so you could be doing 47 to 55 hours including your week time job with a 34 hour break each week
40 hrs WTD
12 hrs RTD
The office job counts as other work for the EU tacho regs so the driver must have a full weekly rest (45hrs) in every other week
Do not try and put EU regs and the WTD stuff together - each has its own seperate rules but works side by side in most cases
Apologies for leaving the thread for so long. After replying to JJ I got called out and have only just got back in front of my lappy.
I contacted the VOSA officer. It appears the original grassing up, and subsequent explanation to VOSA by myself, generated an interest from a manager within the local VOSA office.
I work for the Highways agency, the original request for an explanation of my off duty driving was made through my management hence the latest approach via management email (they could have called me, she has my number ).
The VOSA officer wishes to check my digi, any analogue charts I have still, my HA timesheets and weekly timesheets I submit to the 2 agencies I drive through. The meeting is now arranged for Dec 17th, it has been requested so VOSA can check that what I told them is true and i’m not in breach of anything.
My full time job does involve occasional driving (land rovers) as part of a 2 man crew. I work a 6 on 4 off shift pattern and only drive on my 3rd rest day to allow for the 45 hr break and avoid the 7 days working rule (VOSA told me that this exists).
By pure coincidence I have my DCPC course on WTD and drivers hours tomorrow
Thankyou very much for all your advice and comments (especiall Saaarmon’s ) really appreciated
Tazbug
ROG:
old_n07:
So which one would the OP come under if he worked 35 to 40 hours in an office type job then did 12 plus hours on a Sunday?How would you go on about weekly rest etc if you finished at 16:00 on a friday then did early Sunday morning (say 0200 starts), so you could be doing 47 to 55 hours including your week time job with a 34 hour break each week
40 hrs WTD
12 hrs RTD
Like i quoted above, it may not come under any RTD. So that 12 hrs RTD figure you quoted is just a pure guess.