With regards to NEC2 our operatives generally work in gangs of 2 and each gang have a crew cab tipper, this not only gets them to and from the job, but also holds all their tools and equipment (Cat, Genny, Digging tools etc… The crew cab is also used to transport materials to and from site and to transport the operative as required (welfare trips etc)
We have hourly vehicle rates included within our data part 2 rates, but the client has questioned that we are not due for full day payment and only the period of time that the vehicle is used to get us to and from the works area.
Should we be getting compensated from the full day cost of the said vehicle?
It seems to me that from the way you work, the crew cab tippers are integral to the way you work, not just in getting them to the location, but crucially in terms of keeping your tools and bringing Plant & Materials to the location and disposing of any material, as well any welfare trips etc.
So if the Client was not to pay for them during the day, you would have to make alternative arrangements to do this additional stuff and, in any instruction, the PM would have to place constraints on how you do it i.e. don’t use these crew cab tippers during the day. The PM would then be liable for these alternative costs e.g. a person(s) who drives the remaining crew cab tipper(s) around to drop off tools, Plant and Materials, welfare trips etc. to each gang as well as pay for the increased risk of time risk allowances (under clause 63.6) because this stuff is not readily available.
If the PM thinks that offers good value for the Employer / Client, then they can do it. It probably won’t though … …