Q With reference to the confusion on the
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use of column 5 on the new drivers' record sheets, it seems clear enough to me. I just do not fill it in. According to my dictionary "statutory" means "Enactment to the legislative body or a State: written law: Act of Parliament: act of a corporation or its founder, intended as a permanent rule or law". The only breaks that come under that are the +lir after 51hr duty and, in the case of a 1.2ihr spreadover, a further 1 hr. These breaks are to meet the law. Also they must be "off duty". Therefore any break in col. 5 (on duty) reduces your working time by that amount. As you will see, my argument is based on the definition of the word "statutory".
Another factor, this time based on com
mon sense, is the fact that on the new log sheets there is no provision for whether you are running loaded, empty, or in the case of artics, tractive unit only, nor is there provision for weight. As the actual driving time is entered and the maximum "duty" worked also, that satisfies the legal side, and any break between driving (loading or unloading) is the concern of the boss who does know when you are loading or unloading. It seems a bit stupid to me to put these times in as a child of five could work it out from col. 4. Anyway, these breaks from driving (loading or unloading) do not come under "statutory" as I interpret it. What are your views on my interpretation?
AWe have found that many firms have
forbidden their drivers to show any on-duty breaks in column 5 because, as you say, it cuts down the working day. However, it is not true to say, as you do, that the statutory breaks of -Or and 1hr must be "off duty". Certainly the latter must, if it is taken so as to enable 12-1-hr spreadover to be worked, but the ihr after 5i-hr on duty may be off or on duty according to circumstances.
So far as lack of space for other information is concerned, your employer is free to have his own record sheets printed to include space for such information as whether the vehicle is running loaded or empty and the weight of the loads carried. He must, however, include on the sheets all the information required by law; the wording at the head of the columns must also be exactly as specified.