dambuster:
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.
I agree that you are free to use the rest time as you like and that would include going home if you wish as long as you are not fulfilling an obligation to the employer.
dambuster:
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.
Travelling to pick up the vehicle from base would not be an infringement but it would mean that the travelling time from the vehicle at the end of the previous shift was not part of the daily rest so should have been recorded as other work.
The regulations clearly state that travelling home or back to base is other work, this was clarified by the Skills Coaches case where the European court of justice decided that travelling to take control of a vehicle that is neither at home nor at the normal operating base cannot be counted as rest regardless of whether or not the driver is being paid or instructed as to the method of travel by the employer.
As said you are free to do what you want in your own time but if you travel home so the employer can pick up the vehicle then restart work at base I would say that you are clearly satisfying and obligation to the employer.
tachograph:
Travelling to pick up the vehicle from base would not be an infringement but it would mean that the travelling time from the vehicle at the end of the previous shift was not part of the daily rest so should have been recorded as other work.
The regulations clearly state that travelling home or back to base is other work, this was clarified by the Skills Coaches case where the European court of justice decided that travelling to take control of a vehicle that is neither at home nor at the normal operating base cannot be counted as rest regardless of whether or not the driver is being paid or instructed as to the method of travel by the employer.
As said you are free to do what you want in your own time but if you travel home so the employer can pick up the vehicle then restart work at base I would say that you are clearly satisfying and obligation to the employer.
Not quite. (If you’ll kick it about with me for a bit)
Scenario.
I’m running northbound on the M1 with a delivery for Newcastle. We have a depot/yard in Doncaster. I’m a tramper, but we also have day/nightmen running ‘trunks/shunts’ When short of vehicles (units) the nightshift planners will use the trampers’ units if they happen to be in the yard.
So let’s say I’m planning to park up in the yard and go home in my car, but due to traffic problems I run out of working/duty time at Tibshelf Services between J28/29 M1. Rather than taking an Art 12 Departure (which would be stretching it a bit to get to Doncaster) I sniff the chance to get laid so park on Tibshelf. It’s £8 for a taxi from Tibshelf to my home. Being a conscientious employee, I inform the planners and tell them I don’t intend to book a night out. They can’t send a driver to take the truck and me back to Doncaster because I’m out of time, but they can get the spare keys from security and send someone to pick up the truck.
They use the unit to pull other trailers on the night trunk/shunt, hopefully making sure it’s back in the yard in time for me to hit my booking in Newcastle.
Next morning I sweet-talk my other half to get up at Sparrowfart to take me in her car to Doncaster where I start my next shift.
Now then — I haven’t gone home under any obligation to my employer — I went home to get a cheeky midweek shag. I could just as easily booked into Days Inn/Travelodge/Etc and someone else could have driven my truck. What happens with or to the truck once I’ve removed my card and myself, is nowt to do with me
Article 9.2 - I’m not travelling to — or returning from — a location that is not my home or the operational centre where I’m normally based.
“Any time spent travelling to a location to take charge of a
vehicle falling within the scope of this Regulation, or to return
from that location, . . . . “
“or return from that location”
It doesn’t say “or return from any location” or “return from another location” or return from such a location”
But under those circumstances by going back to the yard for the next shift when you went home from the vehicle you were effectively returning from a location where you had control of the vehicle when the vehicle was neither at your home or the companies operational centre.
If you return to the point where you left the vehicle you’re disposing of your time freely as you are entitled to during the daily rest period, but by not going back to the same location you have in effect returned from where you had control of the vehicle which article 9.2 says cannot be counted as rest or break.
dambuster:
Article 9.2 - I’m not travelling to — or returning from — a location that is not my home or the operational centre where I’m normally based.
It’s not so much a question of where you are travelling from or to but where the vehicle is that you are travelling to or from.
Any time spent travelling to a location to take charge of a
vehicle falling within the scope of this Regulation, or to return
from that location, when the vehicle is neither at the driver’s
home nor at the employer’s operational centre where the
driver is normally based, shall not be counted as a rest or
break unless the driver is on a ferry or train and has access to a
bunk or couchette.
tachograph:
But under those circumstances by going back to the yard for the next shift when you went home from the vehicle you were effectively returning from a location where you had control of the vehicle when the vehicle was neither at your home or the companies operational centre.
Ah - yes. I’m “effectively” returning from a location but I’m not returning from “that location” . . . as in “a location to take charge . . . . . or to return from that location”
In truth, I haven’t travelled to or returned from anywhere mentioned, that applies.
Any time spent travelling to a location to take charge of a
vehicle falling within the scope of this Regulation, or to return
from that location, when the vehicle is neither at the driver’s
home nor at the employer’s operational centre where the
driver is normally based, shall not be counted as a rest or
break unless the driver is on a ferry or train and has access to a
bunk or couchette.
tachograph:
It’s not so much a question of where you are travelling from or to but where the vehicle is that you are travelling to or from.
Any time spent travelling to a location to take charge of a
vehicle falling within the scope of this Regulation, or to return
from that location, when the vehicle is neither at the driver’s
home nor at the employer’s operational centre where the
driver is normally based, shall not be counted as a rest or
break unless the driver is on a ferry or train and has access to a
bunk or couchette.
It could be argued (if one were pedantic enough 
) to be more about the time spent travelling rather than where truck is based/where a driver lives/where the truck is parked
tachograph:
How ?
By going down the road of “structure and the order of the wordings”
Two of the three paragraphs begin with those words (Any time spent . .)
Both refer to time spent travelling before they refer to locations.
The third (well - first ) paragraph is about a separate, but related, topic.
Think also about the purpose of the legislation.
Again “structure and the order of the wording” in that within the preamble before it mentions road safety, it claims that it “aims to improve social conditions for employees . . . . .”
But let’s not yet wander to far from the original question/point