for exceedingt the workingtime regulation?
asked one by Truck&Driver on Page 26
NOTHING,
exept,
1.) You are failing to notify your employer in writing of time worked for another employer following his request
2.) Obstructing an inspector or failing to comply with a request by an inspector
3.) making a stateent you know to be false.
True.
As has been said many times, the WTD is Social Legislation, not Criminal Law. The accent is upon ‘compliance’. I.E. Pressure will first be exerted upon the employer by way of an Improvement Notice, and then an Enforcement Notice, and only when those fail to work will prosecution be contemplated.
And to be quite honest, with so many EU Countries that have failed to implement the WTD or are simply ignoring it’s existence, then any prosecution will merely serve to reignite the plight of the Metric Martyrs.
Compliance is a matter for management. If a driver exceeds the hours then, either it is a case that management have scheduled the work incorrectly, or the individual has failed to record times correctly. Whilst the latter would constitute a disciplinary matter, the former would not.
Working Time Regulations have been about for a number of years. They exist within the medical profession (although members with partners so employed contest such - remember the debacle over Junior Doctors working 72 hour weeks?), and the Police Service is also subject of restrictions. However the management of some Forces have distinctly chosen to ignore such restrictions, whether it be regarding total hours, rest periods between periods of duty, or restrictions on Night working.
IMO, the Transport Industry, so used to being highly regulated on the Criminal perspective, has over-reacted. I’m not arguing that compliance is a bad thing. Just that let’s not get paranoiac over the subject.
as i understand is it free of charge solong all is recorded.
if you try to falsify your workingtime you do a offence.
do i understand right or not 