Hi all, my question relates more to bus driving in the UK rather than trucking but I’m hoping for some clarity.
We’ve been discussing potential emergency situations when driving and running out of driving time. My opinion is that if we were caught up in gridlock and would exceed our hours the allowed driving would only to be to get to a place of safety in order to take the required break or be relieved from driving for the day.
Some at work seem to be under the impression that they would be able to continue to their destination.
Where an infringement of the GB domestic drivers’ hours rules occurs, the law protects from conviction in court those drivers who can prove that the infringement was due to unavoidable delay in the completion of a journey arising out of circumstances that they could not reasonably have foreseen.
Under Article 12 of the EU drivers’ hours regulations – provided that road safety is not jeopardised and to enable the vehicle to reach a suitable stopping place – a driver may depart from the EU rules to the extent necessary to ensure the safety of persons, the vehicle or its load. Drivers must note all the reasons for doing so on the back of their tachograph record sheets.
Geting stuck in a traffic jam is not an “emergency” as defined by the authorities.
From what I’ve seen, many bus operations already use imaginary “exemptions” to the rules so it doesn’t surprise me some whould believe this.
I’m no expert on bus driving but I think yiou’re going to need to distinguish between local bus routes, where drivers are under GB domestic, and “in scope” work.
Can extend 1 or 2 hrs to return to base for weekly rest - DCPC should have covered the requirements.
Otherwise, get out of the ‘emergency’ and park up as soon as practicable.
Only if it meets the requirements for “unforseen circumstances”, and only usable when all the work is completed and driver is returning to base, and only on the last working day of the week and driver is about to start a weekly rest - full weekly rest in the case of the two hour extension, which also requires a 30 minutes extra rest period immediately before the extended drive period.
A normal traffic jam will be seen as something that could have been anticipated and does not meet the criteria of “unforeseen circumstances”, a long hold up caused by eg a vehicle crash, would meet the criteria.
Unless the DCPC was a bargain bucket online course where the trainer wasn’t engaging with his candidates, who though visible on the camera, have the Zoom call minimised in the corner of the screen, and they’re watching Netflix instead.
Well…If you’e content with that thought: Would you like to buy some cheap land? £1 per acre, minimum purchase 1000 acres, no planning problems, build anything you want, operate any business you like with no environmental permits.
Only one snag, you need to supply your own transport to the site (the moon).
Unless the DCPC was a bargain bucket online course where the trainer wasn’t engaging with his candidates, who though visible on the camera, have the Zoom call minimised in the corner of the screen, and they’re watching Netflix instead.