He can have my job, I handed my notice in last Monday with immediate effect. I have no plans to get back behind the wheel until the end of the summer.
Regardless of the situation once his 13 or 15 is up he should be on daily rest.
Anything above those and your daily rest is invalid as it will not fit into that 24 hour period. No iff no buts in my opinion.
Agreed. He should be on Daily Rest.
But since he is still in a work situation: no bunk etc, he cannot be on Daily Rest.
He is currently in breach of the rules.
Until he starts a correct Dailly Rest he remains in breach of the rules.
That Daily Rest can only start when he has a bunk or bed available.
Where he is now cannot be undone.
But it can be ended by starting a Daily Rest. He needs to get somewhere he can do that. When he gets to an hotel or WTF, then, and only then, can his Daily Rest start.
At least 9 off.
You are right that he should have started and completed his Daily Rest,24hrs after his start of shift. No argument.
He is in breach and that cannot change.
But starting a legal Daily Rest will draw a line under what he is doing.
He may have done 18 or 20 hrs on the card, but that is at least a little better than doing 36hrs or whatever.
Yep thatâs my point no matter what he does now heâs In breach of the regulations and infringements are imminent anyway. Several the least of which will be insufficient daily rest.
How far in breach of the regs he now goes is only going to complains the problem further.
At anywhere near 13 or 15 hours pans should have been actioned any the driver to ensure he said somewhere to night out even if that means getting a hotel room and taxi if required and been on rest before the 13 or 15 hours. Even if that means laying for it yourself and claiming it back from the company.
Lesson is donât allow yourself to get that close on time, obviously we donât know where he is or how close to work/home he is.
Bottom line is you are the driver and you choose what work gets done or doesnât to allow you time to get home especially if no bunk in the truck.
So then, what happened? And are you now looking for different hgv work? Iâm assuming this was rigid work as not a great deal of no bunk units around these days.
I think he is driving artics for a supermarket.
I think they are normally pretty hot on tacho laws.
It does look like bad management in not providing a pickup for Coop nor a hotel room. But management are still not responsible for Coopâs working hours.
In the end only we are.
I imagine that there will be some sort of inquiry by the upper levels of management, and that Coop and whatever wazzock he was talking to in the office (it canât be anyone remotely competent) will both get a very stern talking to.
We have bunks in our one stop trucks except the rigid, same units as Tesco and booker, Sainsburyâs have bunks so that leaves Waitrose as Iâve seen quite a few of them without bunks. And yea they are hot on compliance with tacho hours.
Not sure about Asda??
Yes i worked for a supermarket. I was asked to do a run to tottenham in a rigid because it was in an underground car park and you wouldnât get a trailer down there at least i have never seen a trailer under 13 foot.
The phone we are given with microlise on uses co pilot for the routing but it is governed to specific routes. it has always worked well in conjunction with the maps we are given and between the two has taken me to the right place. However yesterday they couldnât give me a printed map as their network/intranet was down. Co-pilot went screwy and kept suggesting routs only to turn me round in places i couldnât legally due to no left and right turns.
I eventually got myself to a store by use of google maps and shouting out the window at appropriate people which took me an hour to get into but turned out it was the wrong one (the one i wanted is new). When i rang the office all i could get out of pointy shoes no. 1 was your in the wrong place. I finally got myself to the right place. time now is 8 am i still have 4 hours before my 15 is up requested to come back pointy shoe no 2 told not to worry i could still do it because the store would come out and help tip as the cages had to be moved a long way from the delivery point. Didnât get on the bay till 9.05 due to a Tesco rigid being there.
As soon as i got on the bay and got in the back i was told that i had to tip the thing myself including taking the cages to the lift. Hence it was 11 am before i left 1 hour left to get back to erith. Called up and told them i only had an hour left and was told to get myself somewhere safe and park up by pointy shoe no. 1 I pointed out i couldnât night out because i had no bunk. Was told they would call back. Started my way back but realised i would only make it to thurrock so when pointy shoe no 2 rang me back I was told they would send someone out to meet me as if i went over my 15 hours i would be fired. I
got to thurrock and rang in to tell them where i was. I was told by pointy shoe no 2. to pull my card and someone would be there shortly. hour later still no one there called again spoke to point shoe no. 1 and she said well your having a night out arenât you i said i couldnât as there was no bunk and they would have to come get me or provide a hotel. I pointed out that i only had an hour left before i had to pay for parking so how could i claim it back was told âwere fu⌠coming to get you what more do you wantâ and the phone was slammed down. the rest as they say is history.
I have been given my shifts for this week turns out last night and tonight was my weekly rest as they want me to work Friday night. Read on the link provided by simcor that by law they have to provide me with a hotel if no bunk is available.
Not quite that.
To have a legal rest, without a sleeper cab, you must have a hotel or similar.
It doesn`t say that the office has to ring around and find one, if that is what you are thinking.
Quote âIf a vehicle has no suitable sleeping facilities then other arrangements should be made,â
It does not specify (that I can see) that the office must supply the bed.
If the office fall down, then it is for you to protect your own licence it is up to you to do what is necessary.
The pointy shoes might be in trouble. You are the one who will pay the fines etc if you donât take control of the situation.
I can see how things start running away with you. And from here we can all see what should have been done earlier.
We can all make the predictions after the event!
I assume pointy shoes 1 and 2 are not proper managers or supervisors or whatever?
If I were you I would actively seek out someone above them. Confess your sins and give an explanation. Get in before they come to you.
If the company are any good they will see what has gone on and be very upset.
Probably see your union rep if you have one now.
in saw this
It is not permitted to take regular weekly rest periods and any weekly rest of more than 45 hours which include compensation for previous reduced weekly rest in a vehicle. Such rest periods must be taken in suitable gender-friendly accommodation with adequate sleeping and sanitary facilities such as a hotel, hostel, guest or boarding house, chalet, static caravan or rental accommodation.
Cost for accommodation outside the vehicle must be met by the employer.
however it is under international driving under weekly rest. and therefore not appropriate. sorry i saw it on my mobile but now i have looked with a proper screen i can see it doesnât relate.
As you say not relevant.
That is for week-ending for a second weekend away. Itâs to stop living in the cab for many weeks at a time.
But 'nuff said, ignore that.
to be honest I am going to speak to the tm today that was on duty. I just need to calm down first because i am still hopping mad. Depending on what he says i may well contact vosa or tc office which is why i need to calm down. As far as working there im not going to. I have another job lined up that im just waiting for the start next week. I am debating weather to go back to asda this week now or blow em out.
couple of quick questions
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can a tm be a tm with a lapsed entitlement to drive the vehicles he is in charge of.
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because the job is 24 hours there are three tmâs which one do i need to talk to the one for my shift or the one covering the morning shift.
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who does the o license number relate to all it says on the disk is operator company name.
Zac and others will give a better answer than me, but to quickly respond.
A TM doesnât need even a driving licence of any sort at all so far as I know?
If they had one and is was taken away because of driving offences etc, that might well result in them losing their right to be a TM, but they do not need to have ever sat in a truck.
A company has one TM, the Transport Manager who is mentioned on the O-Licence. They hold the responsibilty for legal aspects of the company. I doubt in a big company they would ever be talking to drivers on the phone about deliveries.
Some others might be called TMs but that probably stands for Telephone Monkeys. When the crap hits the whirly thing they might loose their job, but they will be paying no fines nor loosing licences, nor (in extreme cases) ending up in clink. Drivers might.
Calming down is a good idea.
Fatigue can make us all short temperedâŚanother good reason for a proper nightâs rest!
If I were you I would talking to someone higher up than the plank who was in charge yesterday.
im sorry that one made me laugh thanks for cheering me up a little
Whoever was talking to you yesterday, sounds incompetent.
You canât lay all of the blame onto them, but you have no duty to protect them form the results of their incompetence.
They dropped you in it. Maybe you could and should have acted differently to minimise the depth of the crap you were in. That is another story and we can all say that now after the event.
But go to those who are above them to prevent them doing the same to others. And to show that whatever happened was not due to you being in the wrong all of your own making.
A s I said earlier a union rep, or works foreman, or WTF would be a good person to talk to first.
A company can have more than one TM, but they are all equally responsible if the brown stuff hits the fan.
quick update i have just spoken to the only name they will give me all he will say is that he was told i was nighting out. he wont tell me the name of the person who told me that nor will they take a complaint or my side of the story. Was told if it goes to a formal inquiry i will have an opertunity to put my case fwd then
When i said that their policy was to provide a hotel and that this had been refused he said he was unaware of the policy as he had never dealt with such a situation before as they always made sure the driver was back with in the allocated time
funny enough the agency has just called all my pre-booked shifts have been canceled this week due to a sudden downturn in work.
I guess a phone call to the appropriate facility is in order
so if im understanding you correctly the tm that was in the office last night when i got back could of dealt with it.
i think some posts on social media need to happen