Taxi Driver Online

While we are on the subject of legislation does anyone understand the adjustments to the working time directive that are being proposed,
1.\Do they apply to the self employed.
2.\what constitutes a cabbies hours e.g are you working while on a rank
reading a paper
3.\ Am I alone in finding this interference in my working life a pain in the neck, and what right do they have to tell me that I can only work 8 hours a night over a 17 day period.
The usual excuse for this is that old chestnut of health and safety ( I note that employees will be entitled to free medical checks if they work nightshift!!) could someone tell me where I might obtain the figures for the carnage that tired taxi drivers have been causing over the years, has anyone ever compiled these figures.
The taxi industry must surely be a special case due to the nature of the job,I would have been hard pushed some weeks working the proposed hours to make a decent wage.

If everyone reduces their hours by the same percentage, you'll be making the same money for fewer hours.

Good that, innit??

But it doesn't really answer your question.

The intention certainly was to extend it to the self-employed, but exactly what stage it's at I'm not sure, or whether or not it will ever be implemented.

I think the intention was to include 'stand-by' time, but if you've only driven a fraction of the specified time it seems a bit of a nonsense.

On the other hand, if you only included driving hours then it would have to be a very low figure for anyone ever to have to restrict their hours methinks!

Dusty

It is my understanding that under the proposed working time directive, the hours that apply is averaged out as forty hour per week averaged over 6 weeks.

also a taxi driver reading on rank is working so included, however a private hire driver reading in an office is not counted.

life is full of suprises.

Wharfie

Quite right Wharfie, it's a bit of a nonsense. You'll have mixed fleets, the PH sitting in the offices drinking coffee and watching telly and their time not counted and the hack drivers out on the rank doing nothing but using up their hours.

I once worked with an office like that, and it naffed me off as it was, apart from the working time aspect.

The PH boys used to sit around and decide which hack would get the crap jobs and then have a good laugh about it - then they would get all the cream, so they could make the same money in less time and drink even more coffee and watch more TV!

CC

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Caledonian Cabbie

Gosh Wharfie! Did you just suggest that PH drivers could actually read?

You must be getting soft in your old age. Never thought the day would come. lol.

PS. Is there any scope in the new regulations for an opt-out for roads such as the M6 and the M25 being included as Working Time? As I must say, that they are the roads which provide us with our best "Rest periods" Examples from this week alone:

2 hours to get from the A14 to the first services on the M6.
1.5 hours trying to get through the Dartford Tunnel.

And, our record by one of our lady drivers for this week: A daily school contract. Collected child from School at 3.30pm. Phone call from Mum at 8.30 expressing how very worried she is that her child has not returned home from school. Call to drivers mobile (lucky it wasnt banned already), revealed that car was still stuck in traffic on A12 behind third accident of journey (none actually involving our cab), less than 3 miles from eventual destination! Cab eventually got home at 9.30 PM. Job scheduled at 1 hour 15 mins (and occassionally manages to achieve this).

One presumes, that in such circumstances, driver would have to terminate journey, put schoolchildren out at next lay-by, and apologise politely saying one's hours had run out.

Are sleeper-cabs part of the legislation too?

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There is Significant Unmet Demand for my Opinion.

of course they can read, well some of them I could name a few that can poke in a bag and pull a judgement out at any time, mind you I suspect they are solicitors.

facilities are made for your case studies in that the hours are averaged over 6 weeks so you can work 80 hours this week, but within the next 6 weeks you will need to either reduce your hours considerably or take a week off.

basicaly I am saying you can only afford a single stint on the m25 every 6 weeks.

Wharfie

Nothing would be better than a 50 hour week and earn the same money as we do now. It's not going to happen though is it??

joking nige, another 10 hours for the same money?

wharfie

I'm not doubling my working week for no-one.

It's ok for some

Well us solicitors, council officials, court officials, operators, journalists, Tom Thumbs, etc etc etc have got to have some rest.

well its about time you admitted your position in life. m,aking a living from mistakes of the common man

WHARFIE

Found this, looks like your dream may come true nidge 48 hours per week for the same money or probably a lot more as everyone will be living in a land of milk and honey brought about by the RRA (NOT) and all the euro directives that are bound to come now that another ten countries are joining, wonder what the cab trades like in poland or Slovakia and Slovenia. Roll on 2x3.5hour shifts in a trabansk


1 August 2003
"Horizontal Directive" will be implemented and amend the main Working Time Directive. Important implications of August 2003 to Mobile Workers:
• Entitled to 20 days pro rata annual paid leave
• Average working week of 48 hours - however drivers will be able to opt-out. This opt-out is currently available until March 2005.
• No restrictions on night working however drivers must be offered a health check before working nights.

23 March 2005
"Directive on the Organisation of the Working Time of Persons Whose Occupation is the Performance of Mobile Road-Transport Activities" will be implemented. The following provisions for Mobile Workers have been made:
• Self Employed drivers will be excluded until 2009 (definition below)
• Average 48 hour week - with no opt out. Up to 60 hours per week can be worked as long as the average over a 4 month period does not exceed 48 hours per week
• Working time is the total worked for any employer(s) - (even if the other employer(s) are not in the road transport sector)
• Night work is restricted to 10 hours in each 24 hour period.

Definitions & Frequently Asked Questions

Definition of a Self Employed Driver
The self-employed are defined as those: whose main occupation is to transport passengers or goods by road for hire or reward with the appropriate licences; who are entitled to work for themselves and who are not tied to an employer by an employment contract or by any other type of working hierarchical relationship; who are free to organise the relevant working activities; whose income depends directly on the profits made; and who have the freedom to, individually or through a cooperation between self-employed drivers, have commercial relations with several customers. For the purposes of this Directive, those drivers who do not satisfy these criteria are subject to the same obligations and benefit from the same rights as those provided by the current Directive for workers.

What counts as Working Time?
It will include driving and loading plus any other work not associated with a vehicle but not "time on call" or time on breaks either paid or unpaid.

What is Night Work?
Night work is not limited for Mobile Workers until 2005 when a limit of 10 hours will be introduced for any night shift. A night shift will mean a period of at least 4 hours between certain hours which is yet to be finally agreed. Assuming the legislation is applied; shifts longer than 10 hours will be possible subject to a work place agreement.

Are Bank Holidays additional to my annual leave entitlement of 20 days?
No. There is no statutory right to take Bank Holidays off in addition to annual leave and be paid for them.

Can I lower my average hours worked in a period by including my week's holiday?
No. Annual leave and sick days are disregarded when it comes to calculating your working time average.

Must I have a Health Assessment if I am a night worker?
Employers must offer night workers a free health assessment from August 2003 however you are not obliged to have one. The health assessment is made up of two parts: a questionnaire and a medical examination. A medical examination is only necessary if the employer has doubts about the workers fitness for night work.

This article aims to provide accurate, authoritative information and comment on the subject it covers. Agency Drivers Register Limited or associated Franchisee companies cannot accept liability for any legal action taken by or against any user of this article. November 2002.

BTW dont be fooled by the medical its actually a psychiatric test to find out whats wrong with us