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Q On occasions we find it necessary to

25th September 1970
Page 141
Page 141, 25th September 1970 — Q On occasions we find it necessary to
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Which of the following most accurately describes the problem?

ship loaded vehicles to the Continent, where the majority are off-loaded at the port and returned. Delays in off-loading occur and this can involve the driver in working hours in excess of the statutory daily maximum and also the weekly maximum of 60 hours. As this work is performed outside the United Kingdom, the drivers' hours regulations do not apply but there is some doubt as to the correct method of recording, as on paper it would appear that the driver had worked and been paid for hours in excess of the statutory maximum.

I hold the opinion that the hours worked on the ferry and at the off-loading point should not be shown on the log sheet and that a separate time sheet should be produced for work outside the United Kingdom.

What are your views?

AThis is a matter for the courts and the

answer to your particular problem is one that is not likely to be forthcoming until a court case arises and there is a ruling on the matter.

There are, however, one or two main points arising from your example. Your opinion that hours worked on the ferry and at a Continental port should not be shown on a British record sheet, and that from a payment point of view a separate time sheet should be kept when the driver is out of the country, seems to be reasonable. However, although it may be agreed that such work should not be shown on the British record sheet and therefore would appear to be outside the jurisdiction of British courts, a situation could arise where an accident occurs in this country as a result, say. of a driver falling asleep after having entered the country by ferry immediately following a journey or a period of working outside the country. In such circumstances the court might well want to see the records of all hours the man had worked including those abroad and they m•ght rule that an offence was committed by the driver not having had 11 hours rest before starting work in tritain. For this reason, if a driver has had sufficient rest before starting to drive when he lands in this country, there is nothing to be lost by showing it on a log sheet.

Obviously, if the sea crossing were one of 11 hours or more this hypothetical situation would not arise anyway.

As it appears that in your case the drivers only unload at the Continental port and return immediately, the question of long, tiring periods of driving on the Continent does not arise and there would not seem to be any reason for recording their time on the ferry or on the Continent on their log sheet.

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Organisations: UN Court

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