Were they delivering Swiss cheese? As like that there’s a few holes in this story. How could two adult drivers only have a few quid between them, no wallets/bank cards!? An interesting tale of woe at least though.
Secretelephant:
Rjan:
[…]Wouldnt they also be breaking minimum wage laws as well, if you are still classed as working when making your way home but not being paid.
Only if your average pay for all hours dropped below the minimum wage. And that presupposes that the employer failed to pay for the additional hours of work.
Im still having a hard time believng this happen though.
It does seem extraordinary, but it raises some interesting points anyway.
andyatmorri:
Ok,
Day Cab so could stay with vehicle. As I understand it after 15 hours you cannot travel in a company vehicle (law) even as passenger. But no accommodation at these services even if we had money.
You can so long as your not being paid and not driving.
andyatmorri:
Hi All,
I work for a well known supermarket logistics distribution company based in South East U.K.
I’ll try to make this as short as possible .
I set off in my LGV to the Isle Of Wight. Unable to get any earlier ferry back to Southampton we (another driver in another Unit) had to get the ferry we were booked onto. That was the 10:30am ferry.
As I clocked on at 23:45 the previous evening I had exactly 3 hours to get back to north Kent as the ferry docked at 11:45am.
With traffic problems and withthe company very regularly contacted even from Isle Of Wight before ferry departed, we ran out of hours stopping at Clacket Lane services between jct 6/5 on M25. Approx 40 miles for DC.
Our company sent out a van with 3 persons on board. Two got out and drove the LGV’s back to the yard. The van driver drove off also alone. Leaving myself and my colleague sitting on the kerb with a total of £2:60 between us.
Company said your out of hours your tacho are out. Not our problem how you get home.
With no wallet as I don’t take mine to work. I had to phone my Son who himself had to leave work , go home to get my wallet to take to a taxi office to pay for taxi to collect us both. Company refused to pay taxi fare £64:00.
We got back to work at 17:15pm. Handed in paperwork getting home at 18:00.
I had to clock on at 23:45 the same night as company said I started my rest at the service station at 14:35 when I took my tacho out…
Andy
Really, !!! 
its not even a Friday storey written by the dozy one,
childs TV programme springs to mind.
No, otherwise the 15 hour rule would not have applied.
No, otherwise 15hours rule does not apply
Dieseldog66:
andyatmorri:
Ok,
Day Cab so could stay with vehicle. As I understand it after 15 hours you cannot travel in a company vehicle (law) even as passenger. But no accommodation at these services even if we had money.You can so long as your not being paid and not driving.
Not once you’ve reached 15 hours since the start of your shift. Time spent traveling home from a vehicle that is away from its normal operating base cannot be counted as Rest.
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Roymondo:
Dieseldog66:
andyatmorri:
Ok,
Day Cab so could stay with vehicle. As I understand it after 15 hours you cannot travel in a company vehicle (law) even as passenger. But no accommodation at these services even if we had money.You can so long as your not being paid and not driving.
Not once you’ve reached 15 hours since the start of your shift. Time spent traveling home from a vehicle that is away from its normal operating base cannot be counted as Rest.
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^^this. Also traveling from your home to a vehicle away from its operating centre (to take over/start a shift) is classed as ‘other work’.
switchlogic:
Carryfast:
If it’s true it seems obvious that the problem is the stupid start time.IE you get the delivery and return run times,including the ferry schedule,then move the start time accordingly to make sure that it all fits into a legal shift.Bearing in mind the return ferry schedule runs well before 10.30 am in the morning anyway how difficult can it be to start from Kent,run to the IOW,tip and then run back all within 13 hours even if it’s a night delivery.Or for that matter what firm would be stupid enough to call for a before midnight start time with a ferry crossing booked at 10.30 am.Sounds like bs to me.
Find out what company it is, they may take on you as a planning consultant
No such thing as ‘planners’ during my time in the job only night warehouse managers.This situation would have gone along the lines of me the driver asking ( being expected to ask ) what run am I doing,what time will the trailer be ready to go,where is it going,what time will the trailer be ready for the return run etc.Which would have certainly meant making sure that I didn’t clock on to start work at 23.45 in Kent for a trunk involving a return ferry crossing at 10.30 the following morning back from the bleedin IOW.Myself among others having also long ago made the guvnors aware of the issues of day cabs in the event of running out of hours for whatever reason.While I didn’t usually bother with having loads of money with me either.
Also no surprise I never found myself sitting/dumped at the side of the road with no cash because I’d run out of shift time in that work environment.Who needs planners. 
This is one of those occasions when, regardless of what the law says, I would have been travelling back in one of those vehicles or one of those vehicles wouldn’t have been going anywhere.
having said that, I hope this thread is a wind up … I really do 
nightline:
Wind up there is nobody that thick and to make it worse there is no two thicks together that would come up with this
Also there is no company that would do that
+1
nightline:
Wind up there is nobody that thick and to make it worse there is no two thicks together that would come up with this
Also there is no company that would do that
+1
Dieseldog66:
andyatmorri:
Ok,
Day Cab so could stay with vehicle. As I understand it after 15 hours you cannot travel in a company vehicle (law) even as passenger. But no accommodation at these services even if we had money.You can so long as your not being paid and not driving.
On the contrary, the company must pay for the additional hours travelling, unless it is specifically excluded in the contract. I would be submitting a timesheet.
This idea that by abandoning the driver at a remote location, or by not paying for work, that somehow the operator avoids that travelling time being treated as work is quite wrong.
Why do people work for these companies
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andyatmorri:
We got back to work at 17:15pm. Handed in paperwork getting home at 18:00.
I had to clock on at 23:45 the same night as company said I started my rest at the service station at 14:35 when I took my tacho out…
You didn’t have to clock in at 23:45 the same night, there was nothing stopping you from jacking the job in on the spot.
You cannot possibly have safely worked another shift after less than six hours at home following the previous 18 hour shift. If this event actually happened, which I seriously doubt, then more fool you. You deserve to be bent over and shafted.
Rjan:
On the contrary, the company must pay for the additional hours travelling, unless it is specifically excluded in the contract. I would be submitting a timesheet.This idea that by abandoning the driver at a remote location, or by not paying for work, that somehow the operator avoids that travelling time being treated as work is quite wrong.
If it’s paid for time then the DVSA would use that as evidence that it wasn’t part of the required daily rest period. 
.
Which leaves the question of the silly start time in addition to the idea of using Southampton when surely Portsmouth would save running and crossing time ?.In which case ‘if’ it’s true all this needless aggro could have been easily avoided with a bit of common sense.
If there was two of you, then surely between yourselves you could of come up with a reply to the transport manager/planner along the lines of ■■■■ off…
It doesn’t say much for the three bods in the van who would leave their fellow workmates stranded “on the pavement”.
It’s not difficult to guess which supermarket chain the OP works for
Carryfast:
Rjan:
On the contrary, the company must pay for the additional hours travelling, unless it is specifically excluded in the contract. I would be submitting a timesheet.This idea that by abandoning the driver at a remote location, or by not paying for work, that somehow the operator avoids that travelling time being treated as work is quite wrong.
If it’s paid for time then the DVSA would use that as evidence that it wasn’t part of the required daily rest period.
Which leaves the question of the silly start time in addition to the idea of using Southampton when surely Portsmouth would save running and crossing time ?.In which case ‘if’ it’s true all this needless aggro could have been easily avoided with a bit of common sense.
That’s because it wasn’t part of the daily rest time. It is as I say, leaving a person at the side of the road without a vehicle compels him to work to travel back to the operating base (or home) all the same as if he is expected to drive the vehicle itself back to the operating base.
On any occasion when a rescue is performed, or the driver has to rescue themselves, or on any occasion or in any circumstances where a person cannot reasonably be expected to start their uninterrupted daily rest, then work continues (and must be recorded) until the person reaches the sooner of either the operating base or home (or other reasonable place of rest that was foreseeable, at least as a possibility, before the journey commenced, such as a hotel).
Abandoning a driver by the side of the road is an act which stands very far indeed from the operator being able to demonstrate that they are scheduling work in such a manner as to comply with all applicable legal obligations. It does not go to mitigate the exceeding of the drivers hours, but only aggravates it by causing the driver a maliciously longer and disruptive journey back, and no doubt conniving to avoid the work being recorded.
That is even before considering the expectation that the driver return in the morning after obviously having taken less than 9 hours rest.
Where a driver is properly rescued and travels as a passenger, and relived of any active duty other than to allow himself to be carried back to base and book off, and to provide the driver with an ample period of rest before the next shift, then that is best the operator can make of the situation, and can hopefully plead that the infringement was due to unforeseen and exceptional circumstances.