The Gov WTD sites suggest that you could do a duty made up of 2hrs working and 4hrs driving mixed with POA’s of upto 2hrs (total 8hrs) but would not breach the 6hr rule as it included POA’s.
They suggest it only counts as 6hrs actual work. Although Duty time being 8hrs inclusive before taking a break and re-commencing work until end of duty.
They play on the words…Work and Duty
WORK being actual driving-unloading/loading and working etc etc
DUTY being Work - POAs and breaks all added together
So as they suggest, I could work 10hrs (mix of work as above) but do a duty time of 14hrs (mix of WORK as above plus POAs and breaks) and still be legal right? (with normal tacho rules acknowledged)
My company use the FTA for tacho recordings and they keep giving out infringements to drivers if after 6hrs DUTY time has elapsed from the time they clocked in if they havn’t taken a 30min break regardless of actual WORK they have done as they (FTA) only count DUTY time.
Who is right?
GOV or FTA :
2nd Question:
Short and sharp…do we by law have to sign for infringements or can we refuse?
POA does NOT count towards the 6 hour rule, you can drive 2 hours wait at a drop 8 hours POA (E.G. Tesco ) drive 2 hours back to the yard and not need a break at all, even though you have been on duty 12 hours, i havent taken in to account all the extra stuff like daily checks etc etc as its just an example :).
AFAIK you DONT have to sign an infringement sheet it is only the company bringing to your attention something they think you have done wrong , i would write your complaint about it being wrond somewhere near your signature and hand it back in just to save the arguments.
jammymutt:
AFAIK you DONT have to sign an infringement sheet it is only the company bringing to your attention something they think you have done wrong , i would write your complaint about it being wrond somewhere near your signature and hand it back in just to save the arguments.
Agreed, unless it is a company rule that you have implicitly agreed to by not refuting it when taking up your employment. But, Jammy is right, the best thing to do is add your own comment before signing.
POA and breaks do not count toward the 6 hour rule, only driving time and other work
But I have to say your lucky at least your gaffer shows an interest in the procedings with mine i have to work it all out myselfe and then argue the toss when i am out of time[/b]
after reading some of your comments what we do is use the chart on the back of your tacho putting in your start, P.O.A, othere work, or if you have decided to have a break in the P.O.A. then your finishing time. We find that it helps stop confusion plus when they check your chart gives a more clear picture of your day, not our idea but the F.T.A. seems to work as no more chart infringements hope this helps you
) drive 2 hours back to the yard and not need a break at all, even though you have been on duty 12 hours, i havent taken in to account all the extra stuff like daily checks etc etc as its just an example 
:).
when i am out of time[/b]