VTR1000.ORG

I am currently working for a company that puts my life at risk, i have a family and rely on my income and obviously my licence to support my family, the company I now work for at first glance, seemed to pay well, before tax I am on £125 a day, most of the time I drive a luton size van, but on occasion I do drive the‎ 7.5 ton hire vehicle. A usual day in the luton starts at 4am and I consider myself lucky if I am home before 8pm, many a time I have got home after 2200, we run two lutons, and this is the same with the other driver. with the 7.5 ton I am paired with another driver, who works Tues wed Thurs. I am fully aware of current driving laws, and know that they are asking us to break the rules, when our driving time runs out, we are told to take our cards out, on one occasion, we took the 7.5 vehicle out, and the other driver, took the luton, when my drive time was used up, we were told to swap. As the luton has no tacho, then swapped back, we personally completed 36 hours driving, no sleep with manual labour on our breaks. 
On many occasions I have driven tired, and scared myself by how dangerous it is, on complaining I have been told "it's up to you, but the job needs doing" leaving in no uncertain terms that I will lose my job if I don't do it.
I have even shown my supervisor and boss the current driving regs and have been labeled a trouble maker.
I'm asking now, can I report this company without risking losing my license or am I as culpable as the employer? 

I'm no trucker but from what I've been told by the ministry of transport, if Vosa catch you, it's all down to the driver not the company.

No expert at this but have worked for them for at least a year and do you have a contract with them? or are you working for them on a 'self-employed' basis?

Well this may help
http://www.transportsfriend.org/hours/rest.html
tells about goods vehicle and hours .. Vosa are always about and of course
they run checks on all... good luck

First thing would be to line yourself up a good solicitor if you are thinking of dropping the company in the sh1t and keep a chronology of all communications between yourself and all co workers and company directors including all phone calls.

IMO This is why we need the unions back in this country. The law is an ass as they have you by the balls. It's down to you as the driver and all on your head and license if caught and your company will know this. So their attitude is lump it or leave. There's plenty of unemployed waiting to take your place. They could even hire immigrants pay them less and they will be willing to do them sort of hours. Maybe pay them cash for less than minimum wage

Sadly were all replaceable these days in this throw away society and there is no employer/employee loyalty anymore, well very little unless your lucky to work for a small family run business or get lucky. You could complain to the necessary authorities, I don't know who, but your employer might just give you such a hard time that you end up be pushed out. Horrible situation to be in mate.

There may be a legal route you could take but you may end up having to find another job at the end it anyway as there will be bad vibes. Also who's going to pay for it, I doubt you will get what little legal aid is available as your employed. The only people who benefit from the law is the legal system. Solicitors, judges etc with their high costs. What's the odds on the company having the funds to employ a better Solicitor or just drag a case out until you can't afford no more.

I'm sorry if that all sounds a bit harsh but that's way I see it. Maybe you should pop down the citizens advice if you can find one as they all seem to be closing down now with all the cut backs. Maybe you could get some free legal advice online as there are sites where off duty Solicitors volunteer their advice. These seem to be replacing citizens advice these days.

If it was me I would start looking for another job with a more respectable employer. Skive and do it on this companies time. Treat people they way they treat you.

It's a dog eat dog world.

(:-})

I'm a Driver and all I can say is the ministry or whoever can look through your records which you have to supply by law, that goes for Working Time Directive as well and it is You who will go to jail not the boss. So get out of it before your kids have no Dad.

As Simo says its on your head mate! I drive plant crushing and screening and i note down every single defect on inspection books and also keep a daily diary. Luckily the company i work for are very h&s conscious anyway, but if i were asked to do something there wasn't a risk assesment wrote out for, or something i deemed not safe the answer would be NO! I'd rather be unemployed and skint than be dead or kill some innocent person! Not sure how you'd report them without your driving records being looked at, but you need to get out before there's a tradgedy . If that tradgedy is you who will support your family then? certainly not your employer!

are you in a union? carl is right, sensible union activity is what is reqd but people like your employer will probably always try and cheat and fiddle the rules.

I drive a van for work and if its on the road in an illegal condition I am responsible. we are given a fictional 15 minutes every morning (also asked why we are late leaving the yard every morning??) to do vehicle safety check so if your tyres are low and you get 3 points it goes on your licence and you get a bollocking for not checking them, so I do.

they are making you commit a crime on their behalf.

I would try and get something else.

time to find another job . they dont give a sh1t about you so id move on

Another point to consider. Unfair dismissal is now valued at 67K. If you were to refuse to drive and they fired you would have a very strong case against them. Worth a look as they would probably settle out of court.

darkember wrote:Another point to consider. Unfair dismissal is now valued at 67K. If you were to refuse to drive and they fired you would have a very strong case against them. Worth a look as they would probably settle out of court.

good shout that.

can put prospective new employers off though whatever the circumstances.

The H/S law also states that you must have 11hrs between shifts. Tell your Boss you have been stopped and they wanted your time sheets or that he may have to send them on.He will crap himself.There bullying you.

lumpyv wrote:

darkember wrote:Another point to consider. Unfair dismissal is now valued at 67K. If you were to refuse to drive and they fired you would have a very strong case against them. Worth a look as they would probably settle out of court.

good shout that.

can put prospective new employers off though whatever the circumstances.

Agreed, however, it happened to me and one of the out of court criteria was a squeaky clean reference which sorts the sticky issue of future employment out.

join a union and try your colleagues to join too,it's very difficult to fight for your right alone, I think the GMB or Unite Unions take members from all walks of life, Unions are a lot more inclusive nowadays and benefits include free legal advice, life insurance etc and support in taking legal actions if you get fired. Unfortunately as a driver it is up to you to ensure you meet the various legal requirements when driving and it sounds like your employer would simply blame you if the situation ever came to the attention of VOSA or god forbid you have an accident.