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Posted By brenda pendlebury
Could anyone advise me if the above directive applies to people who work as 'platers' ie an employee is required to make their own way to collect a heavy goods vehicle from a location and then drive it to another location. They are not carrying heavy goods. They are required to undertake this task, on average, 10 times per week, depending on the distance they are required to travel.
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Posted By Bev
If the employees are paid whilst they are travelling to collect the vehicles and on their return back, then you should include this in working time calculations. If not, then only the driving time will count, and the normal tacho rules will apply regarding breaks etc.
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Posted By brenda pendlebury
Many thanks for this Bev. The difficulty is that whilst the employees are not paid for traveling they (around 4 employees) all travel together in 1 car - paid for by the company - They are only paid when they are driving. There is always a car provided for them by the company at their destination point to go to their next collection location.
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Posted By J Knight
Eeyup,
In Vandyke v Fender & Another, Sun Insurance Office Ltd 1970 an employer was not held to be liable for injuries arising to an employee in a similar situation. To quote Tolley's Safety, Health & Environment Cases 'a person travelling to and from work in transport provided by an employer on a public road or outside work premises is not in the course of his employment if he is not obliged to travel that way'. So the question in this case is; could the men get to their work in any other way? If so, the employer would probably not be liable.
It would of course be different if the men were being paid a wage while travelling,
John
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Posted By J Knight
though of course this isn't a question of liability (lost track half way through responding; it's Friday) but it would probably be an indication that travel time in this circumstance wouldn't count as work time for working time regs purposes either,
John
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Posted By Bev
Brenda,
You will need to consider the driving rules, as to whether they are exceeding the total hours worked in any shift.
I can see your problem if they are not paid between driving the lorries. I suggest you come up with a risk assessment which takes into account the total hours they may be working, even if they are not paid for some of that in between, especially as most of this will be driving of some sort.
The Working Time Regs do specify total hours worked in any 24 hour period, so this will definitely still apply, as it also sets out minimum breaks between start of one day and the next, which may be an issue.
The SI is on www.hmso.gov.uk SI No 1998 1833
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Posted By Richard L
What’s all this about risk assessment?
Forget about that and concentrate on the Road Transport Directive, which applies to everyone who uses a tacho with the exception of self employed drivers who will probably be included in 2009.
These regulations are primarily for the benefit of commercial drivers and crew of vehicles participating in road transport activity under EU drivers’ hour’s rules. However, it is possible that non-mobile workers (for example warehouse workers, mechanics, drivers of light vans) will drive vehicles within scope of EU drivers’ hour’s regulations on an occasional basis. Any worker who only occasionally works within the scope of the EU drivers’ hours’ rules will be subject to the Working Time Regulations 1998 (as amended), rather than these Regulations. Occasional mobile workers are those that:
• Work fewer than 11 days within scope of EU Driver’s hours rules in a reference period that is shorter than 26 weeks i.e. 17 weeks.
• Work fewer than 16 days within scope of EU Driver’s hour’s rules in a reference period that is 26 weeks or longer i.e. 26 weeks.
As now, limits under the EU drivers’ hours rules will still apply to occasional drivers.
All that said drivers hours rules will still take precedent, but your drivers will have to comply with the above as well.
Hope this helps, any questions?
Richard
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