Today i got stuck in the massive que of that big accident on the M1 s/b at m/k, i hit the traffic with 45 mins left of driving time, had already had my 15 min break. traffic was stop start stop start, was stuck in que from 11am till about 12:20 ish, slowly moving for 1 min, then nothing, the move bit more. now we all know digi tacho rounds up so i soon reached 4.5 hours driving even though i had drove 20 feet
4h 30 aproached, still stop start and no where for me to pull over safetly, did a print out at 430 and wrote on back why i was going to go over, i then did an update every 15 mins to say why i still hadnt had a break but was till driving. Once i had got through the traffic and found some were safe to pull over digi tacho said 5 hours 10 mins of driving roughly i think wrote on back of printout what time break was started and reason why (again).
but my question is if i get pulled for spot check and they see the breach and read the note of explantion, well all 4 of them actually will they be happy with that as there was no where for me to pull over to have the 30 min break with out parking half on verge and half on road. have never gone over my hours before and first time i do its for bloody nearly 45 mins even though i wasnt “driving” as such but as far a digi tacho conernced i was
do i prepare my self for a FPN and a visit to the TC
I think you will find that they will not be as bad as you think
write a covering letter with dates and times etc etc ,
and give it up to the TM, but honestly I think you are okay
wait for one of the experts to confirm
I would have thought that in circumstances like this vosa would allow a certain amount of time over the 4.5hrs to find a place to stop. I assume that they watch up to date traffic info and make allowances for drivers going over their time when accidents occur. They may bring it up but you have made notes at regular intervals explaining what is happening which should cover you. Our driver got caught up in the aftermath of this accident but was just able to get to Toddington services in time.
The Law requires you to stop at the first available and suitable parking. When you get there you take a printout and record on it the reason for exceeding the driving limit. Personally I’d include when and where as well. Keep the printout for 29 days then return to Operator within 42 days. Personally, I always recommend either making two printouts and keeping one or photocopy the print your handing in, offices have a nasty habit of loosing bits of paper
If driving an analogue vehicle, make the record on the reverse of the chart. The Law allows you to take the chart out of the tacho for this purpose.
Don’t fret about it, you have done more than is required
I don’t know whether this loophole has been changed, but when I was driving european, there was an European directive that allowed a driver to drive over his hours if looking for safe and secure parking.
This was published by one of the truck magazines and I always carried a copy of this regulation and it proved to be the answer to defeat the arguments of the French Gendarmerie.
I was going against the diverted flow, n/b off J13 at 05.20 & saw it was absolutely ghastly then. Seeing the s/b M1 being routed through paltry lights back onto the M1 at J13 was sad, but why were no plod on diversion point duty for the simple benefit & try to keep the nation’s spine working (huh?!)
As Gordon saves the world, this was faceless UK road governance at it’s best. Meanwhile:
pecjam23:
‘…do i prepare my self for a FPN and a visit to the TC…’
Maybe defend yourself with the truth? (…a reworked version of that rare commodity defended the same ill focussed Government when it was busy governing/nosing around in someone else’s country re’ Weapons of Mass Destruction).
Seriously, given that I don’t think they could catch a cold with their evident ineptitude and our resistance to abuse …but why not arm yourself with a copy of your work manifest/worksheet as your unfortunate reason to route through the nation’s thrombotic artery. Unless they don’t realise there ever was any congestion…
Its not a problem so long as the details of the hold-up are written on the back of the tacho disk, or on a print out from your VU if your using digital, its even better if the police or Hato’s give you a log number if you being moved on.
The allowance for this though only gives you the time to get off at the next junction or service area to park up to take your break or rest.
IMHO i thik you will be ok as long as make a record of it
Provided that road safety is not jeopardised, and to enable a driver to reach a suitable stopping
place, a departure from the EU rules may be permitted to the extent necessary to ensure the safety
of persons, the vehicle or its load. Drivers must note all the reasons for doing so on the back of their
tachograph record sheets (if using an analogue tachograph) or on a printout or temporary sheet
(if using a digital tachograph) at the latest on reaching the suitable stopping place.
This means that when an unforeseen event occurs, it would be for the driver to decide whether it was necessary to depart from the rules. In doing so, a driver would have to take into account the need to ensure road safety in the process (e.g. when driving
a vehicle carrying an abnormal load under the Special Types regulations) and any instruction that may
be given by an enforcement officer (e.g. when under police ■■■■■■).
Some examples of such events are delays caused by severe weather, road traffic accidents, mechanical
breakdowns, interruptions of ferry services and any event that causes or is likely to cause danger to the
life or health of people or animals. Note that this concession only allows for drivers to reach a suitable
stopping place, not necessarily to complete their planned journey. Drivers and operators would be
expected to reschedule any disrupted work to remain in compliance with the EU rules.
Why does everybody worry so much? You’d have to be pulled first and going by VOSA’s preference for foreign trucks these days I’d say that’s not too likely. I’ve been checked with cards over hours plenty of times and as long as there is something on back they don’t care. Stop worrying.
pecjam23:
have never gone over my hours before and first time i do its for bloody nearly 45 mins even though i wasnt “driving” as such but as far a digi tacho conernced i was
What you were doing between 11:00 and 12:20 is driving whether you are on digi or analogue so the tacho unit recorded the time correctly.
You have nothing to worry about, you did far more than is required with all the extra printouts you took, one printout, or rather two copies of the same printout to be safe, with the explanation written on it is sufficient.
The question was answered half a dozen times already, but just to add to it, Do you think the police were not aware of this accident?
The time date and cause will be logged several times, either as overtime payments, case files or accident statistics. You have done your bit, if and when VOSA come calling, they can verify the fact that you were stuck in a queue or diversion.
Coming off the next junction looking for parking just blocks the surrounding area too.
I think your question has been answered several times.All i would add that if your company are run legally and have very few minor problems with vosa,or the tc’s,you have no worries at all.You have covered yourself more than enough.
This incident was caused by a milk tanker hitting a Pallet-Ex double decker that was on the h/s,broken down i believe.The trailer was carrying plasterboard amongst other stuff.The milk tanker hit the pallet-ex truck so hard it moved the trailer axles.The plasterbord mixed with the tankers diesel and engine oil and turned to pulp.The damaged trailer could only be recovered by rear lift and driven wrong way to previous junction.It became a very long drawn out incident.
Another reason to try and move right when approaching a broken down parked on the h/s??
We are very grateful to those the majority of you that do
extrucker:
‘…Another reason to try and move right when approaching a broken down parked on the h/s??..’
A gesture of courtesy & an action of safety …but is decreasingly evident these days. I will use up to the r/h marker of lane one - usually with a single flash (hazard or r/h) so as not to overly freak those over-taking & info whoever is invariably tail-gating me. It can surely worry a passing class one if he’s not seen it, in which case gently brake …or steam through eyes closed!
(Off thread: Any other preferred or alternative behaviour out there?)
extrucker:
‘…Another reason to try and move right when approaching a broken down parked on the h/s??..’
A gesture of courtesy & an action of safety …but is decreasingly evident these days. I will use up to the r/h marker of lane one - usually with a single flash (hazard or r/h) so as not to overly freak those over-taking & info whoever is invariably tail-gating me. It can surely worry a passing class one if he’s not seen it, in which case gently brake …or steam through eyes closed!
(Off thread: Any other preferred or alternative behaviour out there?)
extrucker:
‘…Another reason to try and move right when approaching a broken down parked on the h/s??..’
A gesture of courtesy & an action of safety …but is decreasingly evident these days. I will use up to the r/h marker of lane one - usually with a single flash (hazard or r/h) so as not to overly freak those over-taking & info whoever is invariably tail-gating me. It can surely worry a passing class one if he’s not seen it, in which case gently brake …or steam through eyes closed!
(Off thread: Any other preferred or alternative behaviour out there?)
as there was no where for me to pull over to have the 30 min break with out parking half on verge and half on road. have never gone over my hours before and first time i do its for bloody nearly 45 mins even though i wasnt “driving” as such but as far a digi tacho conernced i was 
