He’s probably had plenty, but someone should tell him it’s more fun with two people. 
Always thought he ‘talked’ to himself! 
“Maybe more practically the company could send a double manned van out to recover the driver so no driving on public roads is involved at all?
That is safer for all, gets the vehicle back and the driver gets to go home for a clean pair of undies, and can start a legal rest when home.”
That is the sensible solution to any run out of time situation, but we came to the conclusion a couple of years or so ago that it is illegal if the driver is out of duty time, because he must ‘book on’ at the same location where he ‘booked off’. That in spite of agency drivers regularly ‘booking on’ in a different location, maybe even every day, because the next day they work for a different company. We even decided that the company was quite in its rights to come and collect the lorry and leave the driver stranded in a layby.
It is awkward…
But I don’t see that booking off in one place (the lay-by) at night, and booking on (in the depot) in the morning must be illegal?
During the trip in the van the driver is not on Daily Rest. He is in fact out of hours, agreed. But if abandoned in the lay-by he is also not on Daily Rest (no bed) so is equally still at work.
Agency drivers may well have a different depot every day.
Once you are in that situation of being out of time, with no bed, then that can only be resolved after the driver has a bed, or is back at home depot.
How long has this confusion been rife, did it change with Brexit? Because I remember being told to pick up another driver on a Saturday morning from Nantes to bring him back here to the home depot, leaving his wagon parked at a customer’s.
Not only that but we didn’t come back here directly but via somewhere else to get my reload, and he helped me with the loading.
I don’t remember anyone even thinking there might be something illegal about it.
If it was quarter of a century ago or now my answer would have been the same.That job wouldn’t have got done I’d have gone back to base with at least an hour to spare.
When you’ve run out of hours with a day cab you’re out of hours and into the territory of insufficient daily rest.
The choice then is simply park the thing and make a record of daily rest regardless, or book the time as duty, or possibly even driving, with an explanation of force majeur.
I can’t see that where one books on and off is per se a problem.
So long as 2nd man / passenger isn’t counting time in a vehicle as Daily Rest or WeekEnd Rest, I see no problems.
What has happened sometimes, is that someone might have run out of time (call it spreadover) and has been recovered to base in a car. They book off at say A in their own vehicle, and book back on in the same vehicle 9hrs later, at B.
Clearly they had not been taking the correct daily rest.
Fraud.
If you aren’ in a sleeper cab, or in an hotel, or at home base, you are NOT on Daily Rest.
Those times when your face didn’t fit to get on the euro work, you didn’t shoot yourself in the foot at interview by chance?
A false record v accurate and force majeur was my point.There is no third option other than don’t even try to get the job done go home with time to spare.
It’s why anyone with any sense hates day cabs.Even before the crash resistance and general living space issues.
“False entry or alteration of a record with the intent to deceive On summary conviction Level 5 fine or on indictment 2 years’ imprisonment”
vs
“The law protects from conviction in court those drivers who can prove that, because of unforeseen difficulties, they were unavoidably delayed in finishing a journey and breached the rules.”
In our case my friend would have booked off the night before and spent the night in his bunk. When I picked him up on a Saturday morning there would have been no tacho disk involved for that day. Nevertheless he would have been paid for that day.
On the Monday morning when he returned to the vehicle with another driver I have no doubt that he didn’t book back on till he got in his own cab again.
It was never an issue that occurred to any of us as illegal.
If someone parks up for a weekend, and has a bed available in the cab, but chooses to catch a train, taxi, or hop a lift home, no issues. No one forces you to go to bed and sleep.
If you did go home and spend hours travelling to the truck for an early Monday start, and later crashed through exhaustion and lack of sleep, that would be reckless(?) behaviour but not a tacho offence. Same as spending all night at a disco or whatever.
The issue has been that a driver runs out of hours, books off, and is then moved elsewhere before starting a new shift, but counts that time in transit as rest. It isn’t. It is work related. He is not able to sleep if he chooses to.
In the case you gave I would say that should have been work because the driver was paid for it. If paid he didn’t get night out money for the Sat and Sun eves?
Back in the day you would have had a good argument, today? Nope.
What has occurred has been:
Drive and work for 15hrs, swop drivers so vehicle returns to base with another driver and driver 1 gets back in a car/van. Driver 1 starts 9 hrs after getting out of truck. So, taking out travelling time, he has only been really off for 7 or 8 hrs or whatever.
Off the card for 9, but in fact not really at rest, and not able to chose bed and sleep, nor able to choose a disco!
No reason why he can’t sleep in the bunk of the vehicle in which he is travelling, but I take your point.
Incidentally, I hadn’t had the Magnum long and it was this bloke who pointed out what the A/C button was for. So well worth having company from my point of view. 
Present regs say sleeping in a moving truck is not counted as daily rest. It does count on trains and boats where you have a bunk, but not other vehicles.
Dunno how the seatbelt law works in a bunk?
Nothing to stop anyone sleeping in the chair, but daily rest, it ain’t.
Is there a legal definition of a sleeper? Could a TK Bedford be classed as a sleeper cab?
Top of my head, there is mention of “a bunk or couchette whose primary use is sleeping” or similar.
I think it means that a fold up bed in a day cab is no good.
It is there somewhere, but exactly where?
“Daily rest periods may be taken in a vehicle. However, it is expected that the vehicle has suitable sleeping facilities for each driver and the vehicle is stationary. Suitable sleeping facilities in a vehicle are considered to be a bunk or other type of bed which is primarily designed for sleeping on. If a vehicle has no suitable sleeping facilities then other arrangements should be made, for example, a hotel, hostel, guest or boarding house, chalet, static caravan or rental accommodation.”
I’d guess the definition would be designed and constructed with sleeping facilities so bunk mattress ?.A TK Bedford was never going to cut it just like all the other attempts at fake sleeper cabs.
The Merc short sleeper was logically the bare minimum bench mark.That was the only good point about our old 2534 rigid prime movers.
Unfortunatlely the DAF 85 was either proper width sleeper or day cab.The former spec didn’t seem to be compatible with our demount box sizes.The DAF was nicer to drive but like our old day cab DAF 2500 and Scania 95 units a liability for distance trunking requiring maxing out driving time.
Unavoidably delayed finishing a journey obviously won’t apply to running over 13/15 hours to complete a delivery and during that delivery.
That’s why I said never try to max out your duty hours at least with a day cab.
It’s risky enough just being tight on driving time.I hated the short time I did on trunking with a day cab in that regard.