Working time regs

[Pokemon]

Hi all,

We have an ongoing problem at the place I work, regarding breaks.

Basically, we are all mobile maintenance people, and have been told that we must take a 30 minute break every 6 hours. If we don't, or leave it longer than 6 hours to get somewhere suitable to stop, we will be docked the time.

We also do out of hours cover, which on some days will mean running straight from a normal day's work into OOH emergencies. After being at work for 12 hours, we now have to stop for another 30 minute break, or again, get docked for it.

Whilst I'm not saying no breaks at all, I would appreciate the flexibility to take my break when it fits in with my workload & plans for the day, not when it is dictated to me. Particularly out of hours, when I just want to get the job done and get home to bed!

The second issue relates to speed limits in the vans, on a motorway. We have all received letters informing us that the legal limit for our vans (Transit Connects) is 60Mph on a motorway, and that anybody exceeding this according to the tracker will be subject to disciplinary procedures, as well as not being iunsured and subject to Dangerous Driving charges if the Police should choose to press them (!)

However, the Highway Code clearly states that the limit for the vans on a motorway is 70MPH - where does this leave us & them if we are travelling at 65? Driving at 55 is highly unsafe, as we can't have signs stating the restriction, and instead have HGVs sitting right up our backsides.

Can anybody advise me what the legal positions are here, both for ourselves and for the company?

Sorry for such a long post!

[fisicx]

Your employer is correct in the requirements to take a break, not so sure though about the stoppage of wages:

http://www.dft.gov.uk/pgr/freight/ro...uidance?page=7

If you continue to drive outside of the limitations set out, you are breaking the law and can be prosecuted. I suspect that the stoppage of wages is their way of making sure you take your breaks.

As to the speed restriction, that is their perogative and you are obliged to stick to the limits they have set.

[Pokemon]

Resending reply, as original reply doesn't seem to have made it.

The link you have posted relates to vehicles operating under tachograph regulations - we're just in small vans, going between jobs. What we do is no different to travelling salesmen. Indeed, some days we're in the same location all day.

WRT the speed limits, I agree that if they state it to be company policy that we drive at 10mph under the legal limit for a motorway there wouldn't be much we could do, apart from not use motorways because of the danger of having HGVs 6 feet from your bumper. However, they are stating on the letter that it is the legal limit, which is nonsense according to the Highway Code. If they propose to start disciplinary actions for anybody going at 61MPH or greater, should they not at least get their facts right to start with?