tachograph:
ex_reme_mech:
So - I am guessing that if the vehicle that came to get me - and i drove back - was a CAR and therefore not a goods vehicle then if I drove it then that wouldn’t be driving and therefore not covered by domestic rules? But I would still be working and on duty - therefore still caught by the 11 hours duty limit■■?
Why would you be caught by the 11 hour duty rule if you’re not working to domestic regulations
yes I get this now. the journey in the car would remain under EU rules and therefore work.
tachograph:
ex_reme_mech:
Is this where the driver myth about whether you are picked up with a company vehicle or a car kind of comes from?
I’ve no idea what myth you’re talking about so I can’t answer that.
I have heard drivers say when they are ‘out of time’ they can be collected as long as it isn’t a company vehicle. i think that is a distortion of what we are talking about here.
tachograph:
ex_reme_mech:
So - if they come for me in the van - send 2 drivers and I travel back in the van as passenger i am not limited by driving time under either rules and the time as passenger counts as work (or is it POA?) but I would still be limited by duty time? 11 hours? (cos I was in a van? but of course I’m not driving)
You’re getting obsessed with this 11 hour duty rule but it only applies when you’re working to domestic regulations which you wouldn’t be unless you was driving a vehicle that was out of scope of EU regulations but in-scope of domestic regulations.
Yes I get this now
tachograph:
ex_reme_mech:
If they came in a car out of scope of domestic rules - I could drive back? That would just count as work under EU Regs■■? Nothing under domestic■■?
If you drive a car as part of your employment on the same day that you drive to EU regulations the car driving would be other work.
It has nothing to do with domestic regulations because you haven’t driven to domestic regulations during that day.
Have a read of “Mixed EU/AETR and GB domestic driving” on page 29 here
Mixed EU/AETR and GB domestic driving
Many drivers spend some of their time driving under one set of rules and some under another set, perhaps even on the same day. If you work partly under EU/AETR rules and partly under GB domestic rules during a day or a week, the following points must be considered (the EU rules take precedence over the GB domestic rules):
The time you spend driving under EU rules cannot count as an off-duty period under GB domestic rules.
Driving and other duty under GB domestic rules (including non-driving work in another
employment) count as attendance at work but not as a break or rest period under EU rules.
Driving under EU rules count towards the driving and duty limits under GB domestic rules.
Any driving under EU rules in a week means that you must take a daily rest period on those days
when you actually drive under EU rules, as well as a weekly rest period.
Driving limits
GB domestic limit (a maximum of 10 hours of driving a day) must always be obeyed. But at any time
when you are actually driving under the EU rules you must obey all the rules on EU driving limits.
Other duty limits
GB domestic limit (i.e. no more than 11 hours on duty) must always be obeyed. But when working under EU rules you must also obey all the rules on breaks, daily rest (only on those days when actually driving) and weekly rest.
Yes - I have read this numerous times and think i now have it. It seems I have been being naughty on a few occasions, but not as naughty as my mate who drives a 3.5 luton for 17 hour days and his boss has never heard of Domestic Rules