I’ve been doing agency work for the past five months and today had a WTD Infringement to sign.
At this certain agency I signed an opt out of the WTD but the company I had driven for sent me the infringement as I had done 10hrs 13m in a 24hr period on nights. What I cannot understand is why this company previously informed me that the night shift was 11hrs. I had actually totalled 6hr driving, 45m break and the rest shunting and drinking tea.
Where have I gone wrong??
You went wrong signing the agreement with the agency, as they have no control over the workforce at any of their clients, and are not a transport company so need not show compliance to the regs. I guess they wanted you to think it was ok to do extra hours for their benefit. In future, I suggest you ask the score about night duty for the wtd at the client, and do it their way
mkb600:
I’ve been doing agency work for the past five months and today had a WTD Infringement to sign.
At this certain agency I signed an opt out of the WTD but the company I had driven for sent me the infringement as I had done 10hrs 13m in a 24hr period on nights. What I cannot understand is why this company previously informed me that the night shift was 11hrs. I had actually totalled 6hr driving, 45m break and the rest shunting and drinking tea.
Where have I gone wrong??
If the infringement bothers you ask at the company about it, or if you’re not likely to go there soon get your agency to query the infringement.
I’ve twice been given infringements for the same thing at a company where we had opted out of the night time work limit, when I refused to sign the infringements and pointed out why they looked puzzled, sometimes the left hand doesn’t know what the right hand is doing 
If the company don’t have an opt-out agreement in place it could be that an analysis company has marked up the infringement without knowing that you’re not employed by the company.
Next time you’re drinking tea, book the time as POA or break. You would need just 14 mins of necking brews to get you under the ten hours.
I really wouldn’t sweat it; I get them occasionally. First time it happened my boss said something along the lines of “keeping within the law”; I just smiled and told her that if that was the case she’d have to wait 20 minutes till I signed the piece of paper since I was currently on a break and therefore wasn’t supposed to be doing any work. 
We haven’t discussed WTD infringements since.
Thanks all,
I am not concerned about it, just annoys me when folks stick a sheet of paper in front of me and ask/tell me to sign it.
I think the company I drove for has no opt out, so hey ho. 13m is not the end of the world, maybe I should have said I was cleaning the windscreen
That’s odd - I’ve been working regular shifts over 10 hours on nights for over 20 years, and I don’t ever recall getting an infringement for it - either as a full timer or on agency. On the other hand, I keep getting infringements for being on duty 6 hours 1 minute, driving less than an hour, and not bothering to get a 30 minute break in! 
Are we talking 10 hours of DRIVING on nights max rather than 10 hours on shift here? It would make more sense that way. More than 10 hours is illegal anyway, but isn’t there some flexibility with it during emergency situations on days? 
6hr driving
10hrs 13m on shift…
Surprised me as I have done a fair few shifts at the company that can no longer be named, with the elves, and every night run is in excess of 12hrs, and more like 15 
mkb600:
I’ve been doing agency work for the past five months and today had a WTD Infringement to sign.
At this certain agency I signed an opt out of the WTD
A lot of agencies ask you to sign a opt out of the 48 hour limit to cover themselves. Although the RTWTD does allow more hours to be done in a week they are cleared of you complaining that you had to work more than 48 hours in a week if it took your fancy. So thats what you signed, i’m pretty sure. Opt outs of night hours (as mentioned below) are not signed for, they are voted on, or balloted on. And if you wern’t there at the vote/ballot then you have to go with what rule they have in place.
mkb600:
but the company I had driven for sent me the infringement as I had done 10hrs 13m in a 24hr period on nights. What I cannot understand is why this company previously informed me that the night shift was 11hrs. I had actually totalled 6hr driving, 45m break and the rest shunting and drinking tea.
Where have I gone wrong??
Signing the infringement? You’re told its a 11 hour shift and you’re told off for doing 10 hours 13 mins? You must be daft. I’d of been on the phone to them.
For example
If one works from 2400 untill 0700 (with 45m) that would be 6.15 duty (from midnight)
Then daily rest of 12hrs
If the one starts again at 1900 and works til 2400 (with a 45) that is another 4.30 duty
Making a total of 10:45 duty within that 24hr period
Am I correct in thinking that this is breaking the WTD
again
Monday 2000-0600 9:15 duty 5:15 within the 2nd days 24hrs
Tuesday 15:00- 0100 9:15 duty in 2nd 24hrs
makes 14:30hrs duty within 24 hr period therefore hung drawn and quartered under the WTD
mkb600:
For exampleIf one works from 2400 untill 0700 (with 45m) that would be 6.15 duty (from midnight)
Then daily rest of 12hrs
If the one starts again at 1900 and works til 2400 (with a 45) that is another ̶4̶.̶3̶0̶ dutyMaking a total of 10:45 duty within that 24hr period
Am I correct in thinking that this is breaking the WTD
It’s 4:15
Yes you are correct 
mkb600:
Monday 2000-0600 9:15 duty 5̶:̶1̶5̶ ̶w̶i̶t̶h̶i̶n̶ ̶t̶h̶e̶ ̶2̶n̶d̶ ̶d̶a̶y̶s̶ ̶2̶4̶h̶r̶s̶
Tuesday 15:00- 0100 9:15 duty i̶n̶ ̶2̶n̶d̶ ̶2̶4̶h̶r̶s̶
makes 14:30hrs duty within 24 hr period therefore hung drawn and quartered under the WTD
The 24 hour period begins at the start of the shift, you started the first shift at 20:00 Monday so the 24 hour period finishes at 20:00 Tuesday.
During that time you’ve done 14:15 minutes working time (less any breaks on Tuesday before 20:00) so without an opt-out agreement you’ve failed to comply with the RT(WT)R 2005.
mkb600:
I’ve been doing agency work for the past five months and today had a WTD Infringement to sign.
At this certain agency I signed an opt out of the WTD but the company I had driven for sent me the infringement as I had done 10hrs 13m in a 24hr period on nights. What I cannot understand is why this company previously informed me that the night shift was 11hrs. I had actually totalled 6hr driving, 45m break and the rest shunting and drinking tea.
Where have I gone wrong??
You signed the infringement.
You should have told them to ■■■■ off. There are plenty of other agencies out there.