can some pls tell me the correct legal way to get home.I sometimes run out of time about a hour from home, my company can send someone for me or i could could get a mate to come in his car.
get a lift home in a private car and never drove this doesnt count against drivin and could be counted as nightly break?
drive home in a private car (would this be the same as above)
or drive home in company van is this other work? and goes on my card…
It is “other work”, it can’t count towards your break.
Shaun6820:
can some pls tell me the correct legal way to get home.I sometimes run out of time about a hour from home, my company can send someone for me or i could could get a mate to come in his car.get a lift home in a private car and never drove this doesnt count against drivin and could be counted as nightly break?
drive home in a private car (would this be the same as above)
or drive home in company van is this other work? and goes on my card…
the criteria for this is what you are being paid to do, and where you are finishing and starting work. When your time is up you should be finishing in the truck and resuming in the truck where you left off, the rest is immaterial.
Shaun6820:
can some pls tell me the correct legal way to get home.I sometimes run out of time about a hour from home, my company can send someone for me or i could could get a mate to come in his car.get a lift home in a private car and never drove this doesnt count against drivin and could be counted as nightly break?
drive home in a private car (would this be the same as above)
or drive home in company van is this other work? and goes on my card…
Has it really come to this■■? 
Had this come up Lex Wilkinson, if it’s a company car with a driver your ok, if it’s a private car your ok, even if you drive it, what you can’t do is if they send a driver out with a car to drive your truck back and you drive the car being a company car that is.
Dieseldogsix:
Had this come up Lex Wilkinson, if it’s a company car with a driver your ok, if it’s a private car your ok, even if you drive it, what you can’t do is if they send a driver out with a car to drive your truck back and you drive the car being a company car that is.
Just get home,if thats what you want!! FFS who will know? 
Dieseldogsix:
Had this come up Lex Wilkinson, if it’s a company car with a driver your ok, if it’s a private car your ok, even if you drive it, what you can’t do is if they send a driver out with a car to drive your truck back and you drive the car being a company car that is.
You’re wrong. As long as you still have duty time left, you can drive the company car. What you can’t do is drive the company car if you’ve done your 13/15hr spreadover for the day.
This is a huge can of worms that has been done on here a few times before.
To the letter of the law, if you travel home from a place that is not an operating centre of the company who own the truck it counts as other work unless when you resume work the next day you do so at the same place that you took your card out the day before.
So for example if you run out of your 15h spread an hour from home then the only two legal options are either to have a night out or if you do go home you have to go back to the place you ran out of time and start your shift there. If you travel home and then start work the next day back at the yard then technically the time spent travelling home counts as other work and you have gone over your 15h.
This is the case regardless of who owns or drives the vehicle that gets you home. Your car, company car, mates car, push bike, bus, taxi, whatever, it makes no difference.
Of course back in the real world as long as you aren’t doing it every day you’re not going to get into trouble for it so just get yourself home by whatever method is the most convenient.
Paul
Paul
Also seem to remember reading that, although getting home (from base) isn’t counted as any kind of work, it can’t be counted as rest either, so if work’s an hour from home you need 13hrs between taking card/chart out and putting it in the following day (or 11h for reduced daily rest)…
Yes, that’s right, and you are supposed to make a manual entry on the rear of the card(s) showing your time spent in the car/van, and this applies even if you are a passenger in that vehicle.
Shaun6820:
can some pls tell me the correct legal way to get home.I sometimes run out of time about a hour from home, my company can send someone for me or i could could get a mate to come in his car.get a lift home in a private car and never drove this doesnt count against drivin and could be counted as nightly break?
drive home in a private car (would this be the same as above)
or drive home in company van is this other work? and goes on my card…
In the circumstances described travelling to or from base or home cannot be regarded as rest or break, if the company send someone to pick you up the travelling time should be booked as “other work”, if you cannot do this and still have the required daily rest then the company cannot legally get you back to base or home so you should have a night out.
You are of cause free to do as you like in your own time so if you can get a mate to pick you up and take you home then take you back to the vehicle in the morning it’s your business and no-one else’s
If travelling home could in any way be seen as you acting on behalf or under the instruction of your employer, regardless of whether or not you are being paid it will be “other work”, so a company car is legally out of the question.
Having said that I would have to agree with what others have said, as long as it’s not a regular thing just go home and enjoy the evening or whatever
darkseeker:
Also seem to remember reading that, although getting home (from base) isn’t counted as any kind of work, it can’t be counted as rest either, so if work’s an hour from home you need 13hrs between taking card/chart out and putting it in the following day (or 11h for reduced daily rest)…
No that’s not correct, travelling home from base you are free to dispose of your time freely so you are on rest.
The example which is most difficult to get across is complicated.
You have driven 9.45 hours and you are an hour from base, your boss needs the truck back, if you have enough available working time left out of your 13 /15 duty he can come in his car, drive his own lorry back, you can drive his Rolls Royce back to the depot, clock off and jump in your own car and drive to Cornwall.
If you have started at 4.00am & only driven 6 hours but been stuck loading and unloading for the rest of the time you get back to within one hour from base at 18.45 and park in a layby.
You can go home on the bus, taxi, the wife or the bosses wife are passing and see you walking, they drop you at the yard and you can drive your own car home.
The boss cannot go and collect his own truck from that layby and use it on night shift, unless he takes it back to the same layby for his driver to resume work the following morning.
Strange but true; but back in the real world 
darkseeker:
Also seem to remember reading that, although getting home (from base) isn’t counted as any kind of work, it can’t be counted as rest either, so if work’s an hour from home you need 13hrs between taking card/chart out and putting it in the following day (or 11h for reduced daily rest)…
does anyone have a link or source of information relating to this please??
green456:
darkseeker:
Also seem to remember reading that, although getting home (from base) isn’t counted as any kind of work, it can’t be counted as rest either, so if work’s an hour from home you need 13hrs between taking card/chart out and putting it in the following day (or 11h for reduced daily rest)…does anyone have a link or source of information relating to this please??
No because it’s ■■■■■■■■, and an increasingly popular Driver’s Urban Myth. someone has been working hard to spread this one. Doesn’t matter how far you live from the yard as soon as you clock off at the yard you are on rest.
Wheel Nut:
The boss cannot go and collect his own truck from that layby and use it on night shift, unless he takes it back to the same layby for his driver to resume work the following morning.
I’m not convinced that is true. Surely as long as you resume duty at the same place you clocked off it doesn’t actually matter if it’s the same truck (or indeed any truck). Presumably if you’ve clocked off in a layby somewhere and then gone home as long as you go back to that layby to start work again you’re legal even if the first thing you do in your shift is to drive your own car to the yard to collect a truck.
Anyone have any thoughts on this?
Paul
I would have thought that if you make your own way home and your employer collects the truck then surely it would be regarded that you had been acting on your employers instructions in travelling home even if you do go back to the same place in the morning.
I think VOSA would take some convincing in a situation like that.
I could be wrong though
Coffeeholic:
green456:
darkseeker:
Also seem to remember reading that, although getting home (from base) isn’t counted as any kind of work, it can’t be counted as rest either, so if work’s an hour from home you need 13hrs between taking card/chart out and putting it in the following day (or 11h for reduced daily rest)…does anyone have a link or source of information relating to this please??
No because it’s ■■■■■■■■, and an increasingly popular Driver’s Urban Myth. someone has been working hard to spread this one.
Otherwise we’d have to have tachos fitted to our cars
If I need to take a daily rest after 13 hours at work then Im screwed on Sunday as Im going Reading - Oxford - Liverpool - Oxford - Reading which is a 14hr30 min shift and thats pushing everything to the limit on a clear straight run
tachograph:
I would have thought that if you make your own way home and your employer collects the truck then surely it would be regarded that you had been acting on your employers instructions in travelling home even if you do go back to the same place in the morning.
I think VOSA would take some convincing in a situation like that.
Good point, and I suppose if the truck is taken away to do some other work then (unless the boss gets you a room at a local B&B/hotel) then you don’t have access to a bunk and so you can’t legally have a daily rest period there anyway.
Paul
repton:
Good point, and I suppose if the truck is taken away to do some other work then (unless the boss gets you a room at a local B&B/hotel) then you don’t have access to a bunk and so you can’t legally have a daily rest period there anyway.Paul
There is no requirement to have a bunk on a daily rest period if you are not taking it in the vehicle. You only time a bunk is mentioned in the regulations is when using interrupted daily rest while using a ferry or train. For taking rest in the vehicle it only says suitable sleeping facilities. For rest away from the vehicle no requirements are laid down as to sleeping facilities, bunks, beds or anything else.
tachograph:
I would have thought that if you make your own way home and your employer collects the truck then surely it would be regarded that you had been acting on your employers instructions in travelling home even if you do go back to the same place in the morning.
I think VOSA would take some convincing in a situation like that.I could be wrong though
I’m not sure a third party (Vosa/Police/etc) would be right to claim you were working under your employers instruction. It could be quite reasonable for a driver “to freely dispose of his time” by having someone collect him and take him home - or even to the yard to collect his own car.
Having regard to the wording of Article 9.2 but being aware of the wording in 9.3 . . . . . If his employer then utilises the truck overnight, I don’t see it being an infringement for the original driver to then either get a lift or drive his own car to the yard to resume work.