Employment law - driving jobs
Author
Discussion

ToMeToYou

Original Poster:

560 posts

213 months

Thursday 26th August 2021
quotequote all
Does anyone know what the employment law is with driving jobs?

Example, as a delivery driver (not continuous driving as you are stopping constantly) how many hours a day can you work?

How many hours are you supposed to not be working between shifts?

And finally, does the commute to and from work play a part in the above.

750turbo

6,164 posts

246 months

Thursday 26th August 2021
quotequote all
I would ask the Mods to move this to Commercial Break.

Matt_E_Mulsion

1,745 posts

87 months

Thursday 26th August 2021
quotequote all
What kind of delivery driver, in what size of vehicle?

Commuting has no bearing on any hours worked, it doesn't matter if you live five minutes or five hours away from your place of work. It's the time from clocking in to clocking out that counts.

ToMeToYou

Original Poster:

560 posts

213 months

Thursday 26th August 2021
quotequote all
Matt_E_Mulsion said:
What kind of delivery driver, in what size of vehicle?

Commuting has no bearing on any hours worked, it doesn't matter if you live five minutes or five hours away from your place of work. It's the time from clocking in to clocking out that counts.
3.5t

I always thought that you need 11 hours rest between shifts and you can't drive over 10 hours per day. Reason im asking all this is because I just got home now due to a massive accident, the roads were closed.

im 30 mins commute to work
7am start
today I clocked out 7.30pm
And just got home 8.10pm

Which means thats 13 hours and 40 mins out and about. Got to leave my house to get to work tomorrow in 10 hours from now. eeeeeek headache

Edited by ToMeToYou on Thursday 26th August 20:29

wazztie16

1,632 posts

153 months

Thursday 26th August 2021
quotequote all
ToMeToYou said:
3.5t

I always thought that you need 11 hours rest between shifts and you can't drive over 10 hours per day. Reason im asking all this is because I just got home now due to a massive accident, the roads were closed.

im 30 mins commute to work
7am start
today I clocked out 7.30pm
And just got home 8.10pm

Which means thats 13 hours and 40 mins out and about. Got to leave my house to get to work tomorrow in 10 hours from now. eeeeeek headache

Edited by ToMeToYou on Thursday 26th August 20:29
I often do 11 or 12 hour shifts (from clock in to clock out) and I occasionally do longer ones, been doing this for 18 months with no issues. This is 3.5t vans. Multi drop /collection of waste.

It's when you're doing 12/13/14 hours consistently that will become an issue.

Glenn63

3,724 posts

106 months

Thursday 26th August 2021
quotequote all
Need 11 hours rest but can reduce to 9 hours 3 times a week. If your starting again at 7:30am that’s a normal 11 hours daily rest commuting doesn’t count.

Edit to add I was thinking of hgv rules not sure if vans are the same?

Royce44

395 posts

135 months

Thursday 26th August 2021
quotequote all
Even if you stay at home for the 11 hour break, you'd only be finishing later the next day.

I've done it many times albeit I'm a field engineer so driving hours sont apply to me.
Anyway, I would still rather go in early the next day to avoid the extra traffic in the morning.

Tyre Smoke

23,018 posts

283 months

Thursday 26th August 2021
quotequote all
ToMeToYou said:
Matt_E_Mulsion said:
What kind of delivery driver, in what size of vehicle?

Commuting has no bearing on any hours worked, it doesn't matter if you live five minutes or five hours away from your place of work. It's the time from clocking in to clocking out that counts.
3.5t

I always thought that you need 11 hours rest between shifts and you can't drive over 10 hours per day. Reason im asking all this is because I just got home now due to a massive accident, the roads were closed.

im 30 mins commute to work
7am start
today I clocked out 7.30pm
And just got home 8.10pm

Which means thats 13 hours and 40 mins out and about. Got to leave my house to get to work tomorrow in 10 hours from now. eeeeeek headache

Edited by ToMeToYou on Thursday 26th August 20:29
You are wrong on all counts unless you are on a tachograph.


Matt_E_Mulsion

1,745 posts

87 months

Thursday 26th August 2021
quotequote all
For a van I understand that it is a maximum duty time of 11 hours, with no more of 10 of those actual driving. That's clocking in to clocking out.

In comparison to an HGV driver that can have up to 15 hours of duty time, it's naff all.

wazztie16

1,632 posts

153 months

Thursday 26th August 2021
quotequote all
Matt_E_Mulsion said:
For a van I understand that it is a maximum duty time of 11 hours, with no more of 10 of those actual driving. That's clocking in to clocking out.
I'm sure that's correct, however working for both asda in the past driving vans, and my current job, I definitely did and currently do much longer shifts at times, I'd say its probably always under 10 hours driving though.

So an average person wouldn't fall foul of the rules.

blueST

4,757 posts

238 months

Thursday 26th August 2021
quotequote all
Depending on type of driving, it’ll be covered by EU or Domestic drivers’ hours regs. It’s a bit convoluted, but gov.uk does a reasonable job of walking through it.

Matt_E_Mulsion

1,745 posts

87 months

Friday 27th August 2021
quotequote all
wazztie16 said:
I'm sure that's correct, however working for both asda in the past driving vans, and my current job, I definitely did and currently do much longer shifts at times, I'd say its probably always under 10 hours driving though.
That's the thing though, because it's unregulated and nobody is checking up, the 'white van man' can get away with doing pretty much whatever he wants.

Road2Ruin

6,173 posts

238 months

Friday 27th August 2021
quotequote all
Matt_E_Mulsion said:
wazztie16 said:
I'm sure that's correct, however working for both asda in the past driving vans, and my current job, I definitely did and currently do much longer shifts at times, I'd say its probably always under 10 hours driving though.
That's the thing though, because it's unregulated and nobody is checking up, the 'white van man' can get away with doing pretty much whatever he wants.
It's domestic regs, max 10 hours driving and 11 duty time (duty time means work, so excludes breaks). No specified day rest period, just sufficient rest is required.
They will be checked on in the case of an accident involving serious injury, death or serious loss.
Regardless of regs, your employer owes your duty of care. This duty of care also extends to commuting to and from work.