Who is responsible for the 48 hour rule?

According to my driver hours website my 17 week rolling average is now at 49 hours, who is responsible for keeping this under control? Me or the company?

You are responsible for your driving / working hr

Radar19:
According to my driver hours website my 17 week rolling average is now at 49 hours, who is responsible for keeping this under control? Me or the company?

THE COMPANY - drivers responsibility is to give the company the relevant info

Since it started the authorities have not seemed bothered about it so …

Radar19:
According to my driver hours website my 17 week rolling average is now at 49 hours, who is responsible for keeping this under control? Me or the company?

The company have a legal obligation to keep a record of your hours and (from memory) to let you have a copy on request, but both you and them are responsible for ensuring that you stay within the law.

There’s no way I know of to negate your legal obligations, however whether you or anyone else actually gives a [zb] is another matter altogether :smiley:

So, just crack on then!

Radar19:
So, just crack on then!

No,tell them unless your average is bought down you expect time off WITH pay to bring it down.

ckm1981:

Radar19:
So, just crack on then!

No,tell them unless your average is bought down you expect time off WITH pay to bring it down.

I’ll speak to my tm tomorrow then.

No,tell them unless your average is bought down you expect time off WITH pay to bring it down

Thats standard procedure at my work :smiley: Then use that time off to work as overtime :grimacing:

I’m following ROG’s and Tachograph’s line of thinking mate! :wink:

I committed my first WTD infringment today as well! :smiley: - I did 6 hours without a 15, as I had to move on from the spot it was agreed I could take it changed. :cry: I could have argued the point, but I’m not that bothered about a single WTD infringement, as I’ve no intention of making a habit of it…

But I’m no longer a virgin! :open_mouth:

ckm1981:

Radar19:
So, just crack on then!

No,tell them unless your average is bought down you expect time off WITH pay to bring it down.

How does that work with agency then? No work = no pay!

Captain Caveman 76:

ckm1981:

Radar19:
So, just crack on then!

No,tell them unless your average is bought down you expect time off WITH pay to bring it down.

How does that work with agency then? No work = no pay!

If agency person has (falsely) stated he is available for work when legally he is not, surely that’s his problem?

Captain Caveman 76:

ckm1981:

Radar19:
So, just crack on then!

No,tell them unless your average is bought down you expect time off WITH pay to bring it down.

How does that work with agency then? No work = no pay!

Basically yes,but if your agency then you are solely responsible to manage your own hours so all those weeks of doing 60hrs might seem to generate a healthy pay packet but it does have consequences.

What would the consequences be and who is actually looking at this?
As from what I can gleam, no one really cares or enforces this…

Evil8Beezle:
What would the consequences be and who is actually looking at this?
As from what I can gleam, no one really cares or enforces this…

That’s what you gleam off a Internet forum,you may not gleam the same information if DVSA pull you over and find you’ve willingly broke the driving law,could go either way…whether you take that chance is up to the individual .

ckm1981:

Evil8Beezle:
What would the consequences be and who is actually looking at this?
As from what I can gleam, no one really cares or enforces this…

That’s what you gleam off a Internet forum,you may not gleam the same information if DVSA pull you over and find you’ve willingly broke the driving law,could go either way…whether you take that chance is up to the individual .

DVSA do not check on the WTD at roadside stops and if they decided to how would they when records are kept by the employer ?

All you disbelievers Crack On, they might not be too bothered about WTD, but, if they have a reason to check your records ie, Accident, Vosa Check, being pulled over for Speeding/Mobile Phone & failing the Attitude Test, company on an Amber Light because nobody bothers with ‘Pesky Legislation’ & numerous other reasons, they might be very interested in individual records & it’s all there in Black & White & Digital records.
I try to keep my infringements to a minimum, preferably zero, but we all get caught now & again.
So as I said at the start-Crack On Drive.

martinviking:
All you disbelievers Crack On, they might not be too bothered about WTD, but, if they have a reason to check your records ie, Accident, Vosa Check, being pulled over for Speeding/Mobile Phone & failing the Attitude Test, company on an Amber Light because nobody bothers with ‘Pesky Legislation’ & numerous other reasons, they might be very interested in individual records & it’s all there in Black & White & Digital records.
I try to keep my infringements to a minimum, preferably zero, but we all get caught now & again.
So as I said at the start-Crack On Drive.

At the moment the only way you’re likely to be done for not complying with the 48 hour week would be if the DVSA did a full audit of the companies records, at the moment, even then they’re only likely to prosecute if it’s to back up further more serious charges, such as if you caused a serious accident.

Having said that I’m surprised the EU puppets haven’t yet told the member states that they need to start enforcing the WTD, personally I believe they eventually will, the problem they have is that the 48 hour week is pretty much unenforceable because it would take such man-power to check companies records.

The rest of the RT(WT)R I agree with you about, you don’t want to be getting loads of infringements on your card even if they’re all WTD infringements.

ckm1981:

Captain Caveman 76:

ckm1981:

Radar19:
So, just crack on then!

No,tell them unless your average is bought down you expect time off WITH pay to bring it down.

How does that work with agency then? No work = no pay!

Basically yes,but if your agency then you are solely responsible to manage your own hours so all those weeks of doing 60hrs might seem to generate a healthy pay packet but it does have consequences.

So the agency gets to cream off a nice healthy percentage of those 60 hour weeks, yet has no come back or responsibility to the driver? It’s therefore not in their interest to ensure the driver complies with the law?
Once again the rules stack heavily against the driver. (There is a bit of a recurring theme here).

“So the agency gets to cream off a nice healthy percentage of those 60 hour weeks, yet has no come back or responsibility to the driver? It’s therefore not in their interest to ensure the driver complies with the law?
Once again the rules stack heavily against the driver. (There is a bit of a recurring theme here)”

Not really,the driver knows what his average hours need to be so its his decision whether he works 48hrs per week or 60hrs per week in the knowledge that at some point he needs to bring his average down if he is banging in 60hrs every week he can’t really complain because he is happy to do so.

Just put it on break more often.

As someone mentioned though it’s a nice weight off your shoulder after an accident when your boss is told by vosa that your charts/digi card are all good other then the odd 4:31hr drive etc.