Hope somebody can help with this - our TM is saying that it is fine for a driver to be picked up in the company van and driven back to the yard even if he has recorded 15 hrs work. In reality this means by the time the driver gets back to the yard he will have “worked” in excess of 15hrs - is this correct?
trooper2290:
Hope somebody can help with this - our TM is saying that it is fine for a driver to be picked up in the company van and driven back to the yard even if he has recorded 15 hrs work. In reality this means by the time the driver gets back to the yard he will have “worked” in excess of 15hrs - is this correct?
No that’s illegal, if you’ve run out of driving time you do it but not if you’ve run out of duty time
The owner of the van or vehicle that picks you up doesn’t come into it, if you are collected and taken back to the yard, even in your own vehicle, then it is working time and if that puts you over the 15 hours then it’s illegal.
eur-lex.europa.eu/legal-content/ … 32006R0561
Article 9
- Any time spent travelling to a location to take charge of a vehicle falling within the scope of this Regulation, or to return from that location, when the vehicle is neither at the driver’s home nor at the employer’s operational centre where the driver is normally based, shall not be counted as a rest or break unless the driver is on a ferry or train and has access to a bunk or couchette.
Thanks for the responses - looks to me clear cut, if you’ve got 15 hours on the clock then your staying where you are…Thankyou
trooper2290:
Thanks for the responses - looks to me clear cut, if you’ve got 15 hours on the clock then your staying where you are…Thankyou
You could legally get to 15 hours about say 30 mins from base then have someone collect you and take you home then take you back to where you parked up so you start the next shift in the same place you ended the last shift because you will not have a break in the recorded journey and can do what you like in your own time