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, drive a 13-ton-gvw lorry for a firm
Page 93
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on contract to an Electricity Board, and! work a 10-hour day, Monday to Friday, plus six hours on Saturday.
Occasionally I am asked to go to work at night on emergency cable breakdowns. Is it legal to do this? If so, what is the position regarding log-sheets?
ASo far as the emergency work is con
cerned, you may exceed the normal limits if the emergency meets the concessionary conditions laid down by law, ie "events requiring immediate action to avoid danger to life or health or serious interruption of essential public services,..."
If the emergency work you are required to do meets this condition you may exceed the 11-hour daily duty limit to deal with the emergency. If the emergency occurs during the normal rest period between working days you must have had a total of 11 hours' rest, counting the rest taken before going out on the emergency and the rest taken after dealing with it, before going out on duty again. When you do go on duty again you can continue to work normally.
There is no need to take the half-hour break after 54hours when dealing with the emergency, there is no limit on the weekly duty list and no requirement to take the 24-hour weekly rest period if the last 24-hour rest was interrupted by an emergency.
So far as records are concerned you should show exactly what hours you work, and where these exceed the legal limits because of emergency situations, you should make a note on the sheet giving details of the emergency so that if the records are checked at a later date the reason for exceeding the maximum normally permitted hours is clear.
QI have been informed that a Class 1 hgv
licence holder who drives daily for the same firm as myseff has been refused renewal of his psv licence on the ground that he has not been driving psv in the last three years, even though my employer was prepared to sign to the effect that this driver is employed full time as a Class 1 hgv driver.
In July 1972 my own psv driving licence expires and I shall find myself in the same position. If I take a weekend job coach driving (which I don't want to do) ?lbw will this affect the number of hours I can work as an hgv driver, and what log book do I use to drive coaches, either my own or one provided by the coach firm?
It seems a ridiculous situation where, in order to retain his qualifications, a driver has to work his spare time, possibly doing some other driver out of work.
AFrom June 1 this year the Traffic Commissioners have been requiring all applicants renewing psv driving licences to produce evidence to show that they have been driving psv in the previous three years. If this evidence cannot be produced the licence will not be renewed. This specific action is not set out in regulations but the Traffic Commissioners agreed among themselves at their conference in October last year that they would adopt this practice. They can do this within the discretionary powers conferred on them by legislation to satisfy themselves that an applicant is a fit and proper person to drive a psv and is fully competent to do so.
The amount of psv driving during the three years which would satisfy the Traffic Commissioners is not set out and it is left entirely to their judgment. But it is clear that hgv driving experience, however extensive, will not be acceptable to qualify a psv licence holder for renewal of his psv driving licence.
The fact that both you and your colleague hold hgv driving licences has no bearing on the matter because the two are entirely separate.
If you decide, however, to take up sparetime coach driving to qualify you will still have to comply with the maximum permissible hours of work, driving and rest periods, so if your present job requires you to work the maximum weekly hours then you cannot legally drive coaches at weekends anyway.
On the other hand, if you do have hours to spare in which to do this you must keep records of such driving in the record book provided by the employer who employs you to drive goods vehicles, although the employer who employs you to drive coaches can demand to see the record book, Each employer if requested must also provide the other employer with details of your work to ensure that you are not breaking the law.