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Post by wheels on Oct 30, 2021 12:07:35 GMT
I couldn’t attach or insert a picture for some reason. so if you guys could copy and paste the link below into your browser that should work. thanks in advance for your responses worthy of note is layover times do get eaten into due to expected late running. It’s a busy route. 5 minutes late running would be a conservative guess at the end of trips Just having a bit of difficulty believing a duty I’ve been asked to do is legal. I’m told by my Boss it is. As it has a 45 minute break. It has a 31 minute meal break so, they are counting a layover of 15 minutes to make it up to 45 minutes. After 21:00 there are no toilets available or anywhere to buy some food or drink. I’ve attached the duty card and I’ve blocked out any place or company names. I know it needs to comply with GB domestic rules and working time directive. I would love a second or multiple responses and opinions to this. share.icloud.com/photos/0rZ3TBWyOSe7niJuLB4Eayq1Q |
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Post by BE37054 (quoll662) on Oct 30, 2021 12:09:35 GMT
Just having a bit of difficulty believing a duty I’ve been asked to do is legal. I’m told by my Boss it is. As it has a 45 minute break. It has a 31 minute meal break so, they are counting a layover of 15 minutes to make it up to 45 minutes. After 21:00 there are no toilets available or anywhere to buy some food or drink. I’ve attached the duty card and I’ve blocked out any place or company names. I know it needs to comply with GB domestic rules and working time directive. I would love a second or multiple responses and opinions to this.  The duty card hasn't attached |
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Post by wheels on Oct 30, 2021 12:12:55 GMT
Struggling to attach it. This is annoying
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Post by galwhv69 on Oct 30, 2021 12:17:27 GMT
Just having a bit of difficulty believing a duty I’ve been asked to do is legal. I’m told by my Boss it is. As it has a 45 minute break. It has a 31 minute meal break so, they are counting a layover of 15 minutes to make it up to 45 minutes. After 21:00 there are no toilets available or anywhere to buy some food or drink. I’ve attached the duty card and I’ve blocked out any place or company names. I know it needs to comply with GB domestic rules and working time directive. I would love a second or multiple responses and opinions to this. The duty card hasn't attached Try right clicking (on desktop) or holding down the little placeholder image (on mobile) and press open image in new tab |
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Post by BE37054 (quoll662) on Oct 30, 2021 12:25:45 GMT
The duty card hasn't attached Try right clicking (on desktop) or holding down the little placeholder image (on mobile) and press open image in new tab Thank you. |
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Post by Catford94 on Nov 13, 2021 14:45:33 GMT
I couldn’t attach or insert a picture for some reason. so if you guys could copy and paste the link below into your browser that should work. thanks in advance for your responses worthy of note is layover times do get eaten into due to expected late running. It’s a busy route. 5 minutes late running would be a conservative guess at the end of trips Just having a bit of difficulty believing a duty I’ve been asked to do is legal. I’m told by my Boss it is. As it has a 45 minute break. It has a 31 minute meal break so, they are counting a layover of 15 minutes to make it up to 45 minutes. After 21:00 there are no toilets available or anywhere to buy some food or drink. I’ve attached the duty card and I’ve blocked out any place or company names. I know it needs to comply with GB domestic rules and working time directive. I would love a second or multiple responses and opinions to this. share.icloud.com/photos/0rZ3TBWyOSe7niJuLB4Eayq1Q
I can see the card on the 'share icloud' link thing. I'm assuming (based on the route/s being about an hour end to end) that it's less than 50 Km route length so we are talking domestic not EU driving hours. In which case the minimum legal break is 30 minutes (45 minutes is EU hours) - domestic driving hours summary is here.
The issue of 'cumulative breaks' is a bit fuzzy (although not sure it's relevant here) - if a route involved 35 minutes' driving and 25 minutes' layover in each hour, then it is probably reasonable to count several lots of 25 minutes as cumulative breaks. If it was 50 minutes' driving and 10 minutes' layover in each hour, I'd not be comfortable with it - not sure there has been a recent test case on this, but if I was still involved in scheduling buses, I'd not want to risk being the cause of the test case.
Whether it is sensible to schedule a break that is only 31 minutes (with the risk of a late arrival causing a late departure on second half of duty) is questionable, but that's really up to the operator.
There may be a schedules agreement at operator / depot that effectively forms part of drivers' terms and conditions - such agreements may include limits that are better (from the driver's perspective) than drivers hours law, but can not breach drivers hours law.
Likewise, domestic driving hours don't say anything about what facilities there have to be at any location where a break is scheduled. Local agreements may include something about locations where breaks can be taken (e.g. breaks before 1900 can be taken in the town centre, breaks after 1900 or on Sundays must be at depot) but this is also down to locally negotiated agreements not law.
May be worth talking to your union. |
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