Could someone shed some light on this for me please.
Last week I ended up needing recovering so ended up being over on working time- basically I should have been parked up by 2015hrs but due to location could not stay there and had to move and wasn’t able to park up until 2121hrs. Drove 8h 25m that day, obviously infringement for being over on WTD by 1h 06m, this I understand. However, the following day after taking 9h 03m rest and starting work at 0625h its showing up as a driving infringement at 0820h after 1h 35m of driving,(total drive time this day was 9hours) this infringement I don’t understand.
The way I see it is:
you’ve exceeded you maximum daily duty hours due to unforeseen circumstances and when able stopped at the nearest suitable place, all covered in the regs. Printouts, written explanation all should be ok.
But I assume the software your company is using has decided you haven’t had enough rest, (because you exceeded a 15 hours shift) you haven’t had a minimum 9 hour rest in a 24 hours period and therefore has added you driving hours from day 2 to day 1.
And the university educated office Waller who prints off the computer readout without any real understanding of the regs has taken this as gospel and hey presto you’ve got an infringement for exceeding driving time.
No point arguing with them as the computer software costs thousands, so can’t be wrong and you just a driver so what do you know.
muckles:
The way I see it is:
you’ve exceeded you maximum daily duty hours due to unforeseen circumstances and when able stopped at the nearest suitable place, all covered in the regs. Printouts, written explanation all should be ok.
But I assume the software your company is using has decided you haven’t had enough rest, (because you exceeded a 15 hours shift) you haven’t had a minimum 9 hour rest in a 24 hours period and therefore has added you driving hours from day 2 to day 1.
And the university educated office Waller who prints off the computer readout without any real understanding of the regs has taken this as gospel and hey presto you’ve got an infringement for exceeding driving time.
No point arguing with them as the computer software costs thousands, so can’t be wrong and you just a driver so what do you know.
Insufficient daily rest is the official infringement for going over 13 or 15 day, and also exceeding driving time is due to insufficient daily, it’s how the regs have been set out, so they can do you for 2 offences instead of just 1, not that they are likely to unless you do it on a regular basis or don’t do a print out, it’s all about fines
Could someone shed some light on this for me please.
Last week I ended up needing recovering so ended up being over on working time- basically I should have been parked up by 2015hrs but due to location could not stay there and had to move and wasn’t able to park up until 2121hrs. Drove 8h 25m that day, obviously infringement for being over on WTD by 1h 06m, this I understand. However, the following day after taking 9h 03m rest and starting work at 0625h its showing up as a driving infringement at 0820h after 1h 35m of driving,(total drive time this day was 9hours) this infringement I don’t understand.
Could someone please explain in laymans terms?
Cheers
What time did you start the shift when you finished at 2121
Did you have a reduced daily rest available
How much driving time was done after the last 45min or 15+30 break - trying to work out why the 0820h infringement
The infringement(s) has nothing to do with WTD but to do with EU tacho reg rules
Started at 0625 following morning after taking 9h 03 min rest.
Had reduced rest available
Prior to removing card at 2121hr from last 45 min break I done 68min drive.
Card was removed at 2121 then on rest until 0625
Only thing I can see is that with the accumulative drive time of 8h25m + the 1h35m (the following morning) have been combined thus putting me over 10h drive time, but this is two separate days!
Did you do a manual entry showing rest? Check with a printout as this time may be seen as “unaccounted” rather than rest. A human may well see this as away from work and resting whereas an automated program would not make that assumption.
Unforeseen events
Provided that road safety is not jeopardized, 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).
DaveTheMinion: Unforeseen events
Provided that road safety is not jeopardized, 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).
DaveTheMinion: Unforeseen events
Provided that road safety is not jeopardized, 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).
Printouts done 1 for me 1 for company
Not sure then mate, some desk jockey probably relied on his computer instead of his common sense.
DSR: Last week I ended up needing recovering so ended up being over on working time- basically I should have been parked up by 2015hrs but due to location could not stay there and had to move and wasn’t able to park up until 2121hrs. Drove 8h 25m that day, obviously infringement for being over on WTD by 1h 06m, this I understand. However, the following day after taking 9h 03m rest and starting work at 0625h its showing up as a driving infringement at 0820h after 1h 35m of driving,(total drive time this day was 9hours) this infringement I don’t understand.
I’m not sure what’s happened here, when you parked up at 21:21 did you have your daily rest there or was you recovered back to base ?
Thinking about this it looks to me that the driving time infringement could have been because you had a reduced daily rest period of 9 hours 3 minutes.
The rules are that if you have to work over your time to reach a suitable parking place all daily and weekly rest periods must be respected and no time gain should be made from the deviation from the regulations, clearly as you had a rest period of only 3 minutes over the 9 hours a time gain was made.
It could be that the analysis software is programmed to recognise this time gain and issue an infringement accordingly, when you get a daily driving time infringement notice off your employer it should state why it’s being issued.
DSR: Last week I ended up needing recovering so ended up being over on working time- basically I should have been parked up by 2015hrs but due to location could not stay there and had to move and wasn’t able to park up until 2121hrs. Drove 8h 25m that day, obviously infringement for being over on WTD by 1h 06m, this I understand. However, the following day after taking 9h 03m rest and starting work at 0625h its showing up as a driving infringement at 0820h after 1h 35m of driving,(total drive time this day was 9hours) this infringement I don’t understand.
I’m not sure what’s happened here, when you parked up at 21:21 did you have your daily rest there or was you recovered back to base ?
