My understanding of the WTD after reading it on the .GOV website is that drivers of vehicles over 3.5 ton cannot opt out from the weekly 48 hour average working time,
BUT since i have received contracts from three different agency’s this week which all include the following text or similar message, im begining to think i can no longer
understand written english
Can we opt out?
Would you sign a contract which included this?
6.5 You agree to work hours which exceed the maximum average weekly working time limit of 48
hours imposed by the Working Time Regulations 1998.
205:
My understanding of the WTD after reading it on the .GOV website is that drivers of vehicles over 3.5 ton cannot opt out from the weekly 48 hour average working time,
BUT since i have received contracts from three different agency’s this week which all include the following text or similar message, im begining to think i can no longer
understand written english
Can we opt out?
Would you sign a contract which included this?
6.5 You agree to work hours which exceed the maximum average weekly working time limit of 48
hours imposed by the Working Time Regulations 1998.
You can work more than 48 hours in a week but your average WTD must average out at under 48 hours either on a 17 or 26 week rolling reference period whichever they choose to work it out on 17 or 26 weeks.
205:
My understanding of the WTD after reading it on the .GOV website is that drivers of vehicles over 3.5 ton cannot opt out from the weekly 48 hour average working time,
BUT since i have received contracts from three different agency’s this week which all include the following text or similar message, im begining to think i can no longer
understand written english
Can we opt out?
Would you sign a contract which included this?
6.5 You agree to work hours which exceed the maximum average weekly working time limit of 48
hours imposed by the Working Time Regulations 1998.
Your can’t opt out and the contract is illegal.
Signing it makes no difference. You can’t opt out.
It’s my understanding that you can COLLECTIVELY opt out of the night time (between midnight and four am) night time 10 hour rule, but it has to be a collective workplace agreement.
Apart from that the 48 hour stays, and as stated above it’s over a pre agreed reference period.
the maoster:
It’s my understanding that you can COLLECTIVELY opt out of the night time (between midnight and four am) night time 10 hour rule, but it has to be a collective workplace agreement.
Apart from that the 48 hour stays, and as stated above it’s over a pre agreed reference period.
As I say, my understanding.
Yep you can indeed as a collective workforce agreement opt out of the 10 hour night rule.
We’re not covered by the Working Time Regulations 1998, we’re covered by the Road Transport (Working Time) Regulations 2005. Under the RTD you cannot opt out of the 48hr week, the only thing you can opt out of is the 10hr limit for night workers (night worker defined as anyone who works at any time between 00:00 to 04:00).
So you can sign a contract stating you opt out of the WTD but it won’t apply to lorry driving and won’t allow you to exceed a 48hr average over a 26 week reference period or 60hrs in any one week.
Conor:
We’re not covered by the Working Time Regulations 1998, we’re covered by the Road Transport (Working Time) Regulations 2005. Under the RTD you cannot opt out of the 48hr week, the only thing you can opt out of is the 10hr limit for night workers (night worker defined as anyone who works at any time between 00:00 to 04:00).
So you can sign a contract stating you opt out of the WTD but it won’t allow you to exceed a 48hr average over a 26 week reference period or 60hrs in any one week.
Well spotted most of us didn’t even notice he was looking at the wrong rules. Scan reading often does that.
The reference period can be either a 17 or 26 week period for the average WTD, whichever the company chooses to do.
So you opt out.
You then do 5 days a week averaging 11hrs. A day.
You don’t take any holidays after 26 weeks your be over the average 48 hours week by 182 hours then what?
Can you refuse to work for the next few weeks?
Coming up to 26 weeks can you just be expected to work 2 days a week untill the average is 48 hours?
Will they use the old chestnut poa and breaks don’t count towards wtd even though your technally at work and can’t walk off have a proper break leaving your truck unattended.
Has anyone done anything about this wtd and what happened.?
Would you expect to be paid while not working?
These days as am mortgage free don’t need all the hours anymore just curious how it all works. Don’t have to do silly hours my contract is 40 hours and am happy with it.
Thanks for replying everybody, im not interested in opting out, theres no need when break and poa dont count and i rarely do more than six hours driving on any day
That text was copied straight from a contract i received on tuesday and no, i didnt notice it was the wrong rules but i did check the WTD rules last week for another contract and knew it was not possible to opt out, just wondering why three agencys would have the same bs in their contracts
edd1974: So you opt out.
You then do 5 days a week averaging 11hrs. A day.
You don’t take any holidays after 26 weeks your be over the average 48 hours week by 182 hours then what?
Can you refuse to work for the next few weeks?
Coming up to 26 weeks can you just be expected to work 2 days a week untill the average is 48 hours?
Will they use the old chestnut poa and breaks don’t count towards wtd even though your technally at work and can’t walk off have a proper break leaving your truck unattended.
Has anyone done anything about this wtd and what happened.?
Would you expect to be paid while not working?
These days as am mortgage free don’t need all the hours anymore just curious how it all works. Don’t have to do silly hours my contract is 40 hours and am happy with it.
Too easy edd, you take off 3:45mins for you breaks leaving 3:15mins to cover with poa and that leaves you with an average of 48 hours
i get at least 1 hour break and 2 or 3 hours poa every day so would be well under 48 hours on a job like that
im mortgage free too and would be happy with 3 or 4 days a week but theres not many jobs round here like that
So you opt out.
but i did check the WTD rules last week for another contract and knew it was not possible to opt out, just wondering why three agencys would have the same bs in their contracts