07:55 inv - kgx highland cheiftain tomorrow

[Donny Dave]

in further to the above, a minimum rest period of 11 hours is required by working time regulations in england, unsure if applicable to scotland. you are permitted less rest period if you opt out of it in writing to your employer!

I'm going by HGV laws and rules here, but they will be similar to a degree to railway operations.

The working time directive is part of English and Scottish law, and that limits how many hours you can work in a week. In a 13 week rolling average, you can not go above those limits. However, as you said you can opt out of the WTD by writing to inform your employer. But, this does not affect your rest periods.

For HGV drivers, you must have 11 hours between shifts, but that can be lowered to 9 hours twice a week (a shift ends when you remove your tacho when you park up, and starts when you insert a tacho at the start of the day). Gearjammer will be able to confirm what I've said, plus correct the (inevitable) odd mistake.

 

[TheWalrus]

Would it be good to have Inverness/Aberdeen scotrail crew who sign EC services as far as say Edinburgh?

 

[richw]

I'm going by HGV laws and rules here, but they will be similar to a degree to railway operations.

The working time directive is part of English and Scottish law, and that limits how many hours you can work in a week. In a 13 week rolling average, you can not go above those limits. However, as you said you can opt out of the WTD by writing to inform your employer. But, this does not affect your rest periods.

For HGV drivers, you must have 11 hours between shifts, but that can be lowered to 9 hours twice a week (a shift ends when you remove your tacho when you park up, and starts when you insert a tacho at the start of the day). Gearjammer will be able to confirm what I've said, plus correct the (inevitable) odd mistake.

You can opt out of the rest periods, done it before, once finishing at midnight and starting at 6am, had to sign all sorts of disclaimers though as I volunteered for the overtime


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[Donny Dave]

As a driver of anything with a tacho fitted, you can not opt out of taking your rest period, as those rules have been written into law long before the WTD was even thought about.

 

[richw]

Ok, in non tacho roles you can opt out for definite.

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[Donny Dave]

Ok, in non tacho roles you can opt out for definite.

You are still legally obliged to take a sufficient break between shifts. 6 hours between ending 1 shift and starting another is not enough, especially when you take into account travelling to/from work and getting something to eat.

 

[richw]

You are still legally obliged to take a sufficient break between shifts. 6 hours between ending 1 shift and starting another is not enough, especially when you take into account travelling to/from work and getting something to eat.

Yes but under working time directives you can opt out in writing, your writing can be for a one off, or long term. But you can legally opt out of the wdl completly.

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[Donny Dave]

Yes but under working time directives you can opt out in writing, your writing can be for a one off, or long term. But you can legally opt out of the wdl completly.

I think you mis-understand the purpose of opting out.

When you opt out of the WTD your opting out of the limit of hours you can work in a week. You still have to comply with laws regarding rest periods however. Also, when you opt out, it isn't for a "one-off" occasion. It's either opt out fully, or not at all.

If you do on occasion carry out extra hours and you haven't signed a form saying you are opting out, it has to be balanced in other weeks as it will affect your 17 week rolling average (my apologies, on double checking, my previous post stating 13 weeks was incorrect). Failure to comply with this can lead to both you and your employer getting a please explain, possibly followed by legal action.

 

[richw]

You can also opt out of the rest periods,
Been there done it, fully researched legalitys with my old boss as he was unsure, and you can opt out every single part of the directives
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[Donny Dave]

I guess we are going have to agree to disagree then.

Daily rest - a break between working days

If you are an adult worker you have the right to a break of at least 11 hours between working days. This means as an adult worker, if you finish work at 8.00 pm on Monday you should not start work until 7.00 am on Tuesday.

Weekly rest - the 'weekend'

If you are an adult worker you have the right to either:
•an uninterrupted 24 hours clear of work each week
•an uninterrupted 48 hours clear each fortnight

Source - www.direct.gov.uk

The weekly maximum working hours

Adult workers cannot be forced to work more than 48 hours a week on average - this is normally averaged over 17 weeks. You can work more than 48 hours in one week, as long as the average over 17 weeks is less than 48 hours per week.

Opting out of the 48 hour week

If you are 18 or over and wish to work more than 48 hours a week, you can choose to opt out of the 48 hour limit. This must be voluntary and in writing. It can't be an agreement with the whole workforce.

You can cancel your opt-out agreement whenever you want - even if it is part of your employment contract. However, you must give your employer at least seven days notice. This could be longer (up to three months) if you previously agreed this in writing with your employer.

Your employer is not allowed to force you to cancel your opt-out agreement.

Source - www.direct.gov.uk

More about opting out on the Employment Law website.

WTD Q&A on the Guardian website. Although this is from November 2006, it is still valid and relevent today.

There are a lot more links I could have posted, but that would be overkill. However, I have seen nothing saying that you can opt out of rest periods as well as, or in place off the limit on working hours.