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Q We operate six truck-mixers in a 15mile radius from the
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plant. Due to the nature of the work trucks sometimes get held up on the site waiting to unload. This is causing us some problems with drivers' hours. On most days we start work at 7 a.m. and finish at 7 p.m. or later. During the working day we have official breaks of 15 minutes at mid morning. a mid-day break of 30 minutes and afternoon tea break of 45 minutes. The vehicles have to be washed down at the end of the day which can take one to two hours. The drivers clock on and off in the morning and evening.
I am told that when the MoT check on drivers' hours it is the clock cards that are checked not the drivers' log sheets; can you tell me if this is correct and also if our drivers are breaking the law?
AThe law requires that your drivers do
not do work in connection with the vehicle or its load for an aggregate of more than 11 hours per day. In your case. with the starting time as 7 a.m. and the three breaks totalling 90 minutes, your drivers can work up till 7.30 p.m. If, however, they have been held up on a site for some time, this waiting time can be added to the finish time provided that (a) the driver was definitely waiting and not doing anything with the vehicle or its load. and (b) that the total time from his starting work (7 a.m.) to his finishing time does not exceed 14 hours. In other words, he can work from 7 a.m to 9 p.m. provided he has had three hours break periods or waiting time.
Washing down of vehicles comes in the category of working with the vehicle or load and therefore must come out of the 11 hours working time.
The Ministry of Transport can ask to see your clock cards if it so wishes, but usually asks for log sheets and if these are in order, one per driver per day and properly completed, it is unlikely to ask for other evidence unless it suspects your drivers are breaking the law.