if i do not take half an hour braek for the working time directive can i get done for it.has i start work at 6:30 am but start driving at about 7:00am.and finish my shift for about 2pm.
jim1232:
if i do not take half an hour braek for the working time directive can i get done for it.has i start work at 6:30 am but start driving at about 7:00am.and finish my shift for about 2pm.
Yes I believe you can be prosecuted and so can your employer, obviously if you do more than four and half hours driving the wtd breaks won’t affect you anyway.
I would say that this is a typical example of why the WTD regulations were brought in, you wish to work for seven and half hours without a break, you could be driving in the last half hour of the shift which would mean you would be driving after over seven hours work without a break, it could be argued that this wouldn’t be safe.
Penalties
VOSA’s aim is to educate employers and employees about their entitlement and responsibilities under the Regulations. Much of this will take place on an informal basis.
However, if formal action is required VOSA will use:
- improvement notices - to notify the employer of a likely breach of the Regulations and to set out the changes that need to be made in a given timescale; and
- prohibition notices - requiring the employer to stop a dangerous activity, or to start complying with the Regulations.
The Courts have a system of fines and custodial sentences that can be applied to anyone who persistently contravenes the Regulations.
For example:
- failure to comply with any of the relevant requirements of the Regulations could lead to fine of up to £5,000 (the current maximum) in a Magistrates Court; or a fine at the Judge’s discretion in a Crown Court;
- contravention of an improvement or prohibition notice served under the Regulations could lead to imprisonment for up to three months or a fine of up to £5,000 (the current maximum) in a Magistrates Court; or imprisonment for up to two years and/or a fine at the Judge’s discretion in a Crown Court.
jim1232:
if i do not take half an hour braek for the working time directive can i get done for it.has i start work at 6:30 am but start driving at about 7:00am.and finish my shift for about 2pm.
I’m going to have a go at this one but don full body armour in case I’ve got it wrong and I get SHOT 
… again 
I assume that you do not reach the 4.5 hour driving period between 7 and 2 so that aspect would be ok BUT, as I understand it, you would be breaking the WTD as I think you would need at least a 15 min break at 1230 as you started at 0630.
Now runs to a bunker and hides… 
You’re quite right ROG, I’d omitted to mention the fact that at least 15 minutes of the required 30 minute break needs to be taken before or immediately after 6 hours of work in order to comply with the WTD regulations.
BTW : Welcome to TruckNet UK jim1232.
tachograph:
You’re quite right ROG, I’d omitted to mention the fact that at least 15 minutes of the required 30 minute break needs to be taken before or immediately after 6 hours of work in order to comply with the WTD regulations.BTW : Welcome to TruckNet UK jim1232.
BLIMEY I got one right 
- now I’ll probably try another and shoot myself in the foot
Did not notice that it was a first post so…
DITTO on the welcome 
Who is implementing the WTD in other fields of employment?
i e Offices, Hospitals, Factories etc?
DoYouMeanMe?:
Who is implementing the WTD in other fields of employment?i e Offices, Hospitals, Factories etc?
Sorry I’ve no idea in which other industries the WTD is strictly implemented, but in factories ec’t I believe the Health and Safety Executive are charged with enforcing it, otherwise it’s the appropriate regulatory body for the specific industry.
I can tell you who’s got the job of enforcing the WTD for mobile workers and it’s VOSA.
What I was trying to point out by asking is
Who clocks off for a break in a factory? etc. It isn’t possible to implement it in industry, except when one has a constant record of ones activities. Now if the WTD is a legal requirement in all jobs, surely the government must be responsible for making them keep records.
That would be a vote loser so is not liable to happen.
Also, if VOSA are doing the job of the HSE in transport, they should do it for everyone, or that is victimisation surely?
And before anyone writes the normal balls about road safety, factory workers have to drive home after a 18 hour shift with no breaks!
(H & E are responsible for all aspects of employment, even ours, so why are VOSA doing THEIR job just in certain areas?)
thanks for your help.the person who checks the tachos has never said any thing to me about me not taking this break for wtd
DoYouMeanMe?:
Now if the WTD is a legal requirement in all jobs, surely the government must be responsible for making them keep records.
The WTD as far as the 48 hour week week is concerned isn’t a legal requirement in all jobs and can be opted out of in some industries.
DoYouMeanMe?:
Also, if VOSA are doing the job of the HSE in transport, they should do it for everyone, or that is victimisation surely?
Some industries have their own regulatory body and I believe you’ll find that they have been given the job of enforcing the WTD for their respective industry (I could be wrong though )
DoYouMeanMe?:
And before anyone writes the normal balls about road safety, factory workers have to drive home after a 18 hour shift with no breaks!
Not if they’re complying with the WTD they don’t
DoYouMeanMe?:
(H & E are responsible for all aspects of employment, even ours, so why are VOSA doing THEIR job just in certain areas?)
H&SE are involved in the safety aspect of all industries but it makes more sense for the regulatory body of a particular employment sector to enforce some regulations, the last time I worked in a factory it was obvious that the HSE was hopelessly understaffed for the job they’re trying to do.
Tacho.
Just trying to work all this out and I know you are pretty well versed on it.
So.as the whole purpose of the WTD is to give a reasonable social working conditions, if you can opt out, why couldn’t we as drivers.
How come we will be persecuted for having a 25 minute break when those in industry do not record their breaks even though they may not be opted out?
All seems to me like drivers are being victimised.
I would also think that any persons who have not opted out should have some kind of time recording equipment like our tacho to make sure they are complying.
And lastly, as H & S is the domain of HSE. I still cannot see how VOSA can do it in one area but not another. Will VOSA check the breaks of the TM’s, traffic clerks, office girls and fitters etc of our employers?
Not a personal dig BTW, just seems a very lob sided bit of legislation to me.
DoYouMeanMe?:
Tacho.Just trying to work all this out and I know you are pretty well versed on it.
Not really, Coffeeholic is your main man for that
DoYouMeanMe?:
So.as the whole purpose of the WTD is to give a reasonable social working conditions, if you can opt out, why couldn’t we as drivers.
Well in the case of mobile workers they consider that there’s a safety side to consider which is probably more important than social working conditions.
In order to improve road safety, prevent the distortion of competition and guarantee the safety and health of
the mobile workers covered by this Directive, the latter
should know exactly which periods devoted to road
transport activities constitute working time and which
do not and are thus deemed to be break times, rest times
or periods of availability. These workers should be
granted minimum daily and weekly periods of rest, and
adequate breaks. It is also necessary to place a maximum
limit on the number of weekly working hours.
DoYouMeanMe?:
How come we will be persecuted for having a 25 minute break when those in industry do not record their breaks even though they may not be opted out?All seems to me like drivers are being victimised.
To be fare I think persecuted and victimised are a little over the top, but I do think that the pay should reflect any additional regulations were expected to abide by in the name of safety, so we’re probably of similar minds on that one.
DoYouMeanMe?:
I would also think that any persons who have not opted out should have some kind of time recording equipment like our tacho to make sure they are complying.
Can’t really comment but presumably there’s a legal requirement to keep records of some sort, but as I say I don’t really know.
DoYouMeanMe?:
And lastly, as H & S is the domain of HSE. I still cannot see how VOSA can do it in one area but not another. Will VOSA check the breaks of the TM’s, traffic clerks, office girls and fitters etc of our employers?
If they’re mobile workers then presumably yes, if they’re not mobile workers such as the office girls then presumably no.
We have records that vosa can and do check anyway and as they’re our regulatory body who better to keep us all legal.
As you said before we all come under the umbrella of the H&SE to a large extent regardless of who regulates the industry.
DoYouMeanMe?:
Not a personal dig BTW, just seems a very lob sided bit of legislation to me.
You’re not alone on that one
Though I have to say that I personally don’t have a problem with it, whilst I don’t particularly like loads of legislation I’m old enough to remember when health an safety was something of a myth and “social working conditions” were only for employers, so perhaps I appreciate the fact that at least some-one is trying to make things better, I’m not saying that the powers that be have got everything right but at least someone is trying.
there is no need for the silly wtd it could have all been done within the tacho rules. the silly poa.s were put in to allow longer work hours but made to look as if the driver was getting somthing .all it has done is give jobs to enfocement and junk that is required to monitor it. the drivers have gained nothing from it whatsoever.they kid people on that it is for safety .if they were interested in safety drive hours would be cut to somthing like 38 drive and two hours other work and none of this 12 14 hours stuff and as for sleeping in cab ,shuold be emergancy only all other time in hotel or travel lodge we are working in dark ages 14 hour spread dont make me laugh