Vocational driving and Working time directive

Discussion in 'Finance, Property, Law' started by tank6275, May 25, 2010.

Welcome to the Army Rumour Service, ARRSE

The UK's largest and busiest UNofficial military website.

The heart of the site is the forum area, including:

  1. ok, couple of questions regarding this working time directive.
    I'm an HGV driver in civvy street doing 4, 12 hour, shifts. Obviously equaling 48 hours a week. Therefore i've been told i cannot work any overtime.
    Ive done plenty overtime in the past (adhering to my drivers hours) but the arrival of a new transport manager has also brought about the stopping of doing any overtime as he says you have to average out at 48 hours a week and that this WTD has to be stuck to! despite the fact he thinks its only relative to drivers, what a muppet!

    So i did some reading up on the government website regarding the WTD, and believe there is an option to opt out of the 48 hour cap.

    Can people today still opt out of the WTD, and more specifically can vocational drivers opt out, as long as european drivers hours are stuck to?

    Also even if I choose to opt out of the WTD can my employers still refuse to give me overtime shifts?

    Many thanks
    Tank
     
  2. You want to point him towards RTD and HAD, as you stated there is the opt out and it's up to the individual.

    Useful link below. It might be worth speaking to the guy to see if a plan can be put in place to do this, such as collating the opt out sheets, carrying out risk assessments, etc to gather the evidence that it would be beneficial or not.

    http://www.roadtransport.com/RoadLegal/11935/wtd-rtd-explained.html
     
  3. The often quoted 48 hour per week is averaged out over a third of a year (17 weeks).
     
  4. Nope you as a commercial driver cannot opt out of the 48 hour working week even if you really wanted to. Your TM is right. The D as in WTD stands for directive, meaning you have to do it.
    Unless your overtime is contractual you boss can refuse to give you overtime.
    Also you should have a workplace agreement stating over how many weeks is the company going to average the WTD? 26 is best
    Thought about the drivers CPC yet?
     
  5. Despite claiming to be a retired solicitor of some years standing, I would advise you to take roblynmouth's advice with a very large dose of salt. Or better still, ignore it.
     
  6. I'm on your side Sir Joe.
     
  7. I would [ignore me that is]
    Most of my fees came from property law, So me i know squat diddly about law rather like the rest of the barrack room boys i suspect? Or may be i do.
    In any case I'm the one retired
    so tell me again how many hours you want to work, coz i never realised that there were actually more than 18 working hours in a week?
     
  8. Do i know you Joe?
    You aren't really Montgomery are you? the iriot who sold all his kit and said that it had all shrunk in the wash?
     
  9. You really are a big timing cock aren't you?
     
  10. No, you don't know me. You also don't seem to know law. The EWD has opt-outs for all employees and some employers.
     
  11. Except for Commercial Drivers which is why they have to deal with waiting time on their Tacho's
    Are you sure i don't know you? I've met an awful lot of vomit trailing across the floor in my day are you sure you weren't one of them
    This a great site, get to reminisce about Squaddy days, swing the lamp and talk to twats all on one site
     
  12. If you read the original question, you will see that tank6275 said:
    "Can people today still opt out of the WTD, and more specifically can vocational drivers opt out, as long as european drivers hours are stuck to?"

    It is nice to be able to talk to twats from the comfort of my own sitting room.
     
  13. No point arguing with me, pointless [but fun] behind the bike shed 4pm today bring your own condom ok with you

    Commercial drivers cannot opt out of the WTD, don't mind me ask the FTA or RHA
     
  14. Thing is, they say they can. Okay, the rules governing drivers are still pretty restrictive, so it's not much of an opt-out, and they have to agree as a group rather than individuals, so they do not have the same latitude as other workers, but they do not need to be bound by the strict terms of the WTD, just the slightly less restrictive European drivers hours rules.

    Sorry, can't make 4 o'clock, have a hot date with a gastropod.
     
  15. I would recommend the OP to go on a truck drivers web site and ask a truck driving question to some truck drivers. Just a thought ^_~