really interesting one this but if anyone knows the answer can you please link me to the regulation
wtd on holidays (the 20) is 5 x4x48 all well and good there but we are on a 55 hr contract not including breaks so 55 is a paid and normal weeks contract
dvsa say that on weeks off we should have the same recorded as in 55 not 48 , they say if our contract is for 66 or 77 or 32 or 82 then that is the figure manually entered in to the wtd records
our boss has been entering 40, thats being sorted now back to 48 but was hugely gobsmacked when an actual traffic commissioners said this to me (accidentally got his number and rang him)
any thoughts or especially needed -references to wtd 2002/15 or the 2013 amendments
A weeks holiday is classed as 48 hours, the reg’s state that while on holiday a worker must receive a normal weeks pay as defined, therefore you are contracted to 55 hours pay, you receive 55 hours pay, the WTD is only interested in days not hours so the input would be 48 hours.
Paid time and working time are two different things.
felix:
really interesting one this but if anyone knows the answer can you please link me to the regulation
wtd on holidays (the 20) is 5 x4x48 all well and good there but we are on a 55 hr contract not including breaks so 55 is a paid and normal weeks contract
dvsa say that on weeks off we should have the same recorded as in 55 not 48 , they say if our contract is for 66 or 77 or 32 or 82 then that is the figure manually entered in to the wtd records
our boss has been entering 40, thats being sorted now back to 48 but was hugely gobsmacked when an actual traffic commissioners said this to me (accidentally got his number and rang him)
any thoughts or especially needed -references to wtd 2002/15 or the 2013 amendments
much thanks
The idea of allowing a set number of hours for days when you’re on leave is for the leave to be neutral, statutory leave is not supposed to affect the average working time over the reference period.
The only way the leave time can be neutral is if a full week is counted as 48 hours the same as the average, anything else would push your average up or down, only being allotted 48 hours for the full week keeps the time neutral.
By the way I’m not aware of an amendment in 2013, as far as I’m aware the last one was in 2012 and that was to bring self employed drivers in line with employed drivers.
sorted so just for your info this is from the vosa legal department when they escalate things up the chain
In respect of the employer altering your records - if you have made manual entries and as you have to retain your records for 28 days - in that time you may cross over from one reference period to another
If the employer did not have your manual entries to hand at the end of one reference period, and he only receives your manual records after that reference period is completed he then can go into the previous reference period to make any changes that he finds to your records
All work activity that is not recorded by means of the digital tacho card should be entered by means of a manual record
so that for example you come on duty but the vehicle is not available at that point and you have been given other work to undertake until the vehicle arrives this should be added to your record by means of a manual entry when you first take over a vehicle
Or
if your digi card becomes defective and you have to keep printouts for the period whilst waiting for a replacement card to arrive then this printout may not be given to the employer by the end of a reference period - this would then mean that the employer has to make adjustments to your WTD record at that point