edd7:
Can anyone point me in the right direction?? I’ve dropped a truck off at a truck dealership to be fixed & borrowed a loan/courtesy van to go home in (some 2-3 hours away), does my drive home count as driving time or duty time or both?? i’m sure it states in a website somewhere… any help gratefully received…
Hi edd7
Coming back to your post the drive home is other work, and the driver back on Monday is other work as long as the drive home is not more than 4 hours per day, the domestic regulations don’t count, so when you get back to your truck on Monday do a manual entries for the traveling times both ways. and if its a reduced weekly rest don’t forget to compensate for it before the end of the 3 week
ROG:
I do not ever recall telling anybody what to do or not do - supply the facts/reality and then let others make up their own minds is my policy
RED bit
Companies follow it thats a fact
blue bit
Is that companies and drivers have to follow it and that is the reality
You keep saying that no one polices it, and therefore don’t bother about it, and that’s a fact and a reality on your part
You say to people on here that ask for advice about RTD, and yes you do give them advise but after the advise, you always said but no will care so why bother or words to that affect
delboytwo:
Hi edd7
Coming back to your post the drive home is other work, and the driver back on Monday is other work as long as the drive home is not more than 4 hours per day, the domestic regulations don’t count, so when you get back to your truck on Monday do a manual entries for the traveling times both ways. and if its a reduced weekly rest don’t forget to compensate for it before the end of the 3 week
Del
DEL - the driving time done on EU regs during that shift counts as driving time for domestic regs so where do you get less than 4 hours from ? (safe to assume that more than 2 hours driving was done on EU regs I think)
delboytwo:
Hi edd7
Coming back to your post the drive home is other work, and the driver back on Monday is other work as long as the drive home is not more than 4 hours per day, the domestic regulations don’t count, so when you get back to your truck on Monday do a manual entries for the traveling times both ways. and if its a reduced weekly rest don’t forget to compensate for it before the end of the 3 week
Del
DEL - the driving time done on EU regs during that shift counts as driving time for domestic regs so where do you get less than 4 hours from ? (safe to assume that more than 2 hours driving was done on EU regs I think)
If you do not drive a vehicle that complies with the domestic rules for more than 4 hours in each 24 hour period during the working week you are basically exempt from the domestic regulations.
would you consider that the driving of the van home is for personal use, as if you do the this will explain
Domestic rules exemptions
The following groups are exempt from the domestic drivers’ hours rules:
u drivers of vehicles used by the Armed Forces, the police and fire brigade;
u drivers who always drive off the public road system; and
u private driving, i.e. not in connection with a job or in any way to earn a living.
would you consider that the driving of the van home is for personal use, as if you do the this will explain
Domestic rules exemptions
The following groups are exempt from the domestic drivers’ hours rules:
u drivers of vehicles used by the Armed Forces, the police and fire brigade;
u drivers who always drive off the public road system; and
u private driving, i.e. not in connection with a job or in any way to earn a living.
Not in this case - see the EU regs on travelling to and from when not at home or base
would you consider that the driving of the van home is for personal use, as if you do the this will explain
Domestic rules exemptions
The following groups are exempt from the domestic drivers’ hours rules:
u drivers of vehicles used by the Armed Forces, the police and fire brigade;
u drivers who always drive off the public road system; and
u private driving, i.e. not in connection with a job or in any way to earn a living.
Not in this case - see the EU regs on travelling to and from when not at home or base
EU regs
Any time spent by a driver driving a vehicle which falls
outside the scope of this Regulation to or from a vehicle
which falls within the scope of this Regulation, which is not at
the driver’s home or at the employer’s operational centre
where the driver is normally based, shall count as other work.
Any time spent by a driver driving a vehicle which falls outside the scope
the OP got a van which the van is out of scope
from a vehicle which falls within the scope of this Regulation IE EU
that his truck at the garage
which is not at the driver’s home or at the employer’s operational centre where the driver is normally based
and then on monday
to a vehicle which falls within the scope of this Regulation which is not at the driver’s home or at the employer’s operational centre where the driver is normally based
which is the garage
would be classed as other work
so the 2-3 hours drive home would be other work and the 2-3 hours drive back to the truck would be other work
delboytwo:
the OP got a van which the van is out of scope
How is it deemed out of scope for domestic regs ?
i have no idea if the OP does domestic work Rog but as it a truck and i would presume he work under EU regs all week so read the quote i posted a few post ago
If you do not drive a vehicle that complies with the domestic rules for more than 4 hours in each 24 hour period during the working week you are basically exempt from the domestic regulations.
Any EU driving done in the same shift as domestic driving means the EU driving counts also as domestic driving hours so unless the van is exempt both EU and domestic regs the driver could be in hot water under the max 10 hours domestic driving rule
ROG:
Any EU driving done in the same shift as domestic driving means the EU driving counts also as domestic driving hours so unless the van is exempt both EU and domestic regs the driver could be in hot water under the max 10 hours domestic driving rule
Rog the OP is not getting into the van to do 50 drop around the town, (if he was then yes that would be drive time )he is using it to go home which is traveling time and therefore other work for EU regs
ROG:
Any EU driving done in the same shift as domestic driving means the EU driving counts also as domestic driving hours so unless the van is exempt both EU and domestic regs the driver could be in hot water under the max 10 hours domestic driving rule
Rog the OP is not getting into the van to do 50 drop around the town, (if he was then yes that would be drive time )he is using it to go home which is traveling time and therefore other work for EU regs
Thats like saying a goods van is not a goods van unless its actually doing some sort of work - its still a van being used commercially so what exempts it from domestic as well as EU regs ?
ROG:
Any EU driving done in the same shift as domestic driving means the EU driving counts also as domestic driving hours so unless the van is exempt both EU and domestic regs the driver could be in hot water under the max 10 hours domestic driving rule
Rog the OP is not getting into the van to do 50 drop around the town, (if he was then yes that would be drive time )he is using it to go home which is traveling time and therefore other work for EU regs
Thats like saying a goods van is not a goods van unless its actually doing some sort of work - its still a van being used commercially so what exempts it from domestic as well as EU regs ?
Rog what would you say if the garage give the OP a car to go home in thats out of scope
As I see it the fact that the EU driving time counts as driving time for the domestic rules is irrelevant, whilst on EU regulations the OP will not be driving a vehicle that the domestic rules apply to because he will be driving a vehicle that the EU rules apply to.
Article 96 (7) of the domestic regulations doesn’t say anything about driving time it just mentions driving a vehicle to which the domestic rules apply.
As he won’t be driving a vehicle that the domestic rules apply to for more than 4 hours in each 24 hour period in the week the domestic rules do not count for the scenario described by the OP.
If in the case of the working week of any driver the following requirement is satisfied, that is to say, that, in each of the periods of twenty-four hours beginning at midnight which make up that week, the driver does not drive a vehicle to which this Part of this Act applies for a period of, or periods amounting in the aggregate to, more than four hours, the foregoing provisions of this section shall not apply to him in that week
tachograph:
As he won’t be driving a vehicle that the domestic rules apply to for more than 4 hours in each 24 hour period in the week the domestic rules do not count for the scenario described by the OP.
Interesting … so are we now saying that in a mixed reg shift the driving done under EU regs will not be counted because the domestic regs did not go over 4 hours ?
That being the case then a driver can drive under EU regs for 9 hours and then van drive for up to 4 hours in one shift - yes ?
ROG:
Interesting … so are we now saying that in a mixed reg shift the driving done under EU regs will not be counted because the domestic regs did not go over 4 hours ?
As I understand it, if you drive mixed EU / Domestic vehicles then the whole week comes under EU rules.
However…
That being the case then a driver can drive under EU regs for 9 hours and then van drive for up to 4 hours in one shift - yes ?
This is also true because a van under 3.5t does not come under either set of rules.
to go home in thats out of scope