steery1:
Would my scenario not be different? Finishing my deliveries for the day, selecting out of scope, then basically doing my own thing for the weekend?
When I get up Monday morning, card in and drive to the yard recording on the tacho.
The principle is exactly the same, if you was allowed to book off and drive back to base, albeit via your home, from the last delivery place during a rest period, which is essentially what you’re talking about, it would leave the regulations wide open to abuse from both the driver and the employer.
In your original scenario you’re travelling back to base via your home from a location where you was in charge of a vehicle that was in-scope of EU regulations, the regulations make no distinction between when a driver is directed to return home by an employer or when the driver does so by choice, they just state clearly that the travelling time cannot be counted as rest or break, therefore it must be “other work” or “POA” both of which are in-scope of EU regulations and should be recorded on the tachograph as such.
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.
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.
This applies to the time spent travelling to pick up or from dropppng off a company vehice which is not parked at the usual depo before or after driving it. This time must be recorded.
It is not what I was saying or the same principle imo.
The judgement you provided clearly pointed out that the employer gained an advantage and un recorded, paid work was carried out.
I absolutely do see how my scenario can be misused or taken advantage of but I am still struggling to understand how it is “illegal”.
steery1:
I am still struggling to understand how it is “illegal”.
how much driving time did you record under EU regs to get from yard to customer
how much driving time did you record under EU regs after leaving the customer and arriving back at the yard
steery1:
I am still struggling to understand how it is “illegal”.
how much driving time did you record under EU regs to get from yard to customer
how much driving time did you record under EU regs after leaving the customer and arriving back at the yard
It could vary because there may be several customers between yard and last customer, before driving back home or to yard.
(If that even makes sense )
steery1:
I am still struggling to understand how it is “illegal”.
how much driving time did you record under EU regs to get from yard to customer
how much driving time did you record under EU regs after leaving the customer and arriving back at the yard
It could vary because there may be several customers between yard and last customer, before driving back home or to yard.
(If that even makes sense )
How much time would it have taken you to get from last customer back to base
How much time did you record when going back to base
If those two are the same then its ok
steery1:
I am still struggling to understand how it is “illegal”.
how much driving time did you record under EU regs to get from yard to customer
how much driving time did you record under EU regs after leaving the customer and arriving back at the yard
It could vary because there may be several customers between yard and last customer, before driving back home or to yard.
(If that even makes sense )
How much time would it have taken you to get from last customer back to base
How much time did you record when going back to base
If those two are the same then its ok
I havent tried it yet mate. It was hypothetical but thanks for the help.
Until it can be shown to be correct none of this stuff about times is irrelevant and is just confusing matters, time spent travelling to or from the vehicle cannot be counted as rest and therefore cannot be done legally off the card, it really is that simple.
The regulations have been quoted so it’s up-to you to decide whether or not you comply with them.
tachograph:
Until it can be shown to be correct none of this stuff about times is relevant and is just confusing matters, time spent travelling to or from the vehicle cannot be counted as rest and therefore cannot be done legally off the card, it really is that simple.
The regulations have been quoted so it’s up-to you to decide whether or not you comply with them.
The question was whether a private out of scope drive in a 7.5 could be done in within a shift and the answer is yes it can providing no advantage is gained by doing it and all the other EU regs are complied with
tachograph:
Until it can be shown to be correct none of this stuff about times is relevant and is just confusing matters, time spent travelling to or from the vehicle cannot be counted as rest and therefore cannot be done legally off the card, it really is that simple.
The regulations have been quoted so it’s up-to you to decide whether or not you comply with them.
Would you have a hypothetical where driving out of scope for personal use can be done legally during a normal days driving on the tacho? Assuming I have companys permission of course.
Ta.
ROG:
The question was whether a private out of scope drive in a 7.5 could be done in within a shift and the answer is yes it can providing no advantage is gained by doing it and all the other EU regs are complied with
I doubt you can prove that it would be OK to return home or to base from anywhere other than the last delivery/collection as long as the hours are the same, if you can do
Anyway as far as I can see he’s talking about driving home from the last delivery off the card.
steery1:
Would the following scenario be a grey area do ya think?
Pick up 7.5t at the yard. Card in at 6:30am. At final customers premises (say about 4 - 6pm). Do you think I can finish work for the day there, take the card out and drive home, parking at my home for the night, returning to the yard the next day?
tachograph:
Until it can be shown to be correct none of this stuff about times is relevant and is just confusing matters, time spent travelling to or from the vehicle cannot be counted as rest and therefore cannot be done legally off the card, it really is that simple.
The regulations have been quoted so it’s up-to you to decide whether or not you comply with them.
Would you have a hypothetical where driving out of scope for personal use can be done legally during a normal days driving on the tacho…?
Assuming I have companys permission of course.
Ta.
Unless I was going to go over my hours, I’d leave my card in and carry on, and get paid for it. If I was going over my hours, I’d have headed back to work and borrowed a van. (Or have pulled my card, like everyone else did at that dump [emoji15])
