kitkat:
How does this apply if the driver that you are asking to stop is carrying a high value load and he/she is instructed by his/her company not to stop for anyone Would you’s follow the driver to his /her destination if this is the case
I think common sense would have to be applied, we’re not going to stop a vehicle for a minor problem, it would have to be something major, for example, something falling off or in danger of causing a serious incident with risks to life. If they are concerned, keep the cab locked, we will converse using notes against the window. I have attended security vehicles carrying very high value loads, we call the police and they stay with the vehicle until recovery arrives.
davemackie:
We can stop vehicles on the motorway for safety reasons, we do so without a blue light or warrant card.
Since when, only a police officer in full unifornhas that power.
Read the Traffic Management Act 2004. That gives us the authority to stop vehicles, it is also an offence to ignore our directions under the same act.
I think the traffic management act gives you the right to stop and direct traffic for the purpose of traffic management.
To stop or pull of moving traffic for any other purpose than to protect the public is,nt covered under the powers given to HATO’s in the act.
Common sense has to be applied to the law. The little piece of paper may state that the vehicle cannot move for x amount of hours. But as you stated if it was a load of fresh produce, or livestock or in my case a load of mobile phones, which if I had been parked up in the location where the guy said I had to stay for 24 hours, would not have been there within a few hours.
Another driver was arranged and he took the load to the docks. I followed behind in his car.
Now you say that the only exception granted would be another unit to come out and swap trailers… what if the company was based in Northern Ireland and the sailing to England is 8 hours?
The Police and VOSA don’t like it but sometimes they just have to be flexible… otherwise they would be sued for the loss of the cargo. In this case the value was approx £1.2million. Would you leave that on an A road layby and risk a lawsuit? Most TE’s or Police TO’s don’t want that responsibility.
davemackie:
We can stop vehicles on the motorway for safety reasons, we do so without a blue light or warrant card.
Since when, only a police officer in full unifornhas that power.
Read the Traffic Management Act 2004. That gives us the authority to stop vehicles, it is also an offence to ignore our directions under the same act.
I think the traffic management act gives you the right to stop and direct traffic for the purpose of traffic management.
To stop or pull of moving traffic for any other purpose than to protect the public is,nt covered under the powers given to HATO’s in the act.
If a vehicle is driving along with a defect that is dangerous to other road users, the comes under traffic management and our remit of safe roads, reliable journeys, informed travellers.
Breaker One-Nine:
Driving a private car does not come under the scope of other duties. Show me that in the drivers hours rules. If it was a company vehicle then you cannot use it.
If you are parked up you can do what you want as long as you are not working, no matter what the VOSA say.
They may not like it but can do f-all about it.
rear of PG9 note 2
In the case of a drivers hours/records prohibition and a number of hours rest has been specified then the vehicle and/or driver must not reccomence work until that period of rest expires.
and from the front - if a person drives or causes or permits a vehicle to be driven in contravention of a prohibition, s/he is guilty of an offence under section 71 a or b of the above act and liable to a fine not exceeding £5000
on the may not like it can do nothing – really ?
I can’t see a problem either…another (fresh) driver turns up who can legally drive that vehicle and the original driver is taking a private car home as part of his rest (whether he actually is or not )
The way you are putting it is the vosa are holding the driver against hs will (cos he can LEGALLY leave) and holding a vehicle that can LEGALLY be driven by another driver.
As a VOSA man once told me that a prohibition is not a punishment, a prosecution is. A prohibition is a legal directive to correct what needs to be corrected. If its a vehicle, then it does not move until whatever is in contravention is put right. As in the case of a park up. This is to make you take a rest period.
A rest period, according to the VOSA website is “an uninterrupted period where a driver may freely dispose of his time.”
If you’re on an hours prohibition then another driver can come and remove the vehicle, if he turns up in a private car you can choose to FREELY DISPOSE OF YOUR TIME by driving it to wherever you choose. You had just better not choose to go back to base and go back out before the prohibition ends. And if you’ve obtained a drivers hours prohibition then its your own fault, and if your valuable load gets stolen likewise.
tofer:
And if you’ve obtained a drivers hours prohibition then its your own fault, and if your valuable load gets stolen likewise.
Not likewise.
As I said before a prohibition is not a punishment. It is to correct an unlawful derrogation of the rules. If a driver gets parked up in order to take a rest period he cannot be put in a situation where his safety, or the loads security may be put in jeopardy in order to comply with a directive. Even the drivers hours rules allow a derrogation of the rules in order to reach a safe parking 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.
kitkat:
How does this apply if the driver that you are asking to stop is carrying a high value load and he/she is instructed by his/her company not to stop for anyone Would you’s follow the driver to his /her destination if this is the case
I think common sense would have to be applied, we’re not going to stop a vehicle for a minor problem, it would have to be something major, for example, something falling off or in danger of causing a serious incident with risks to life. If they are concerned, keep the cab locked, we will converse using notes against the window. I have attended security vehicles carrying very high value loads, we call the police and they stay with the vehicle until recovery arrives.
if i’m sat in my truck having my 45 and vosa come over and want to check my unit/trl,can i ask them to come back after my break is up
kitkat:
How does this apply if the driver that you are asking to stop is carrying a high value load and he/she is instructed by his/her company not to stop for anyone Would you’s follow the driver to his /her destination if this is the case
I think common sense would have to be applied, we’re not going to stop a vehicle for a minor problem, it would have to be something major, for example, something falling off or in danger of causing a serious incident with risks to life. If they are concerned, keep the cab locked, we will converse using notes against the window. I have attended security vehicles carrying very high value loads, we call the police and they stay with the vehicle until recovery arrives.
if i’m sat in my truck having my 45 and vosa come over and want to check my unit/trl,can i ask them to come back after my break is up
I would, if you start to take out cards during a break it may look suspicious to the next man to do a control
kitkat:
if i’m sat in my truck having my 45 and vosa come over and want to check my unit/trl,can i ask them to come back after my break is up
The answer is in the drivers hours rules my friend.
"‘break’ means any period during which a driver may not carry out any driving or any other work and which is used exclusively for recuperation"
The same applies to a daily rest period.
"‘rest’ means any uninterrupted period during which a driver may freely dispose of his time"
As much as they do not like it you are perfectly within your rights to tell them to ask them to come back when your break is over.
VOSA apply the same principle themselves. If you get parked up the 24hour prohibition starts when the VOSA man has finished with you. Not when you got the initial tug.
There was a case a few years ago whereby a hgv driver was summonsed to court for a drink driving offence, he had just come off of a ferry after consuming a couple of beers. his defence team argued that he couldnt be prosecuted because he was not on a public highway.
However the case was adjourned, and in the recess, the solicitor collected his fishing equipment with the intention of fishing off the pier, and was refused permission, by the police, as being deemed private land and had the police write him a letter stating that fact.
He used the letter of the law, to state the above, and his client was cleared of the offence.
truckyboy:
There was a case a few years ago whereby a hgv driver was summonsed to court for a drink driving offence, he had just come off of a ferry after consuming a couple of beers. his defence team argued that he couldnt be prosecuted because he was not on a public highway.
However the case was adjourned, and in the recess, the solicitor collected his fishing equipment with the intention of fishing off the pier, and was refused permission, by the police, as being deemed private land and had the police write him a letter stating that fact.
He used the letter of the law, to state the above, and his client was cleared of the offence.
I think you mean the drivers myth about the piscatorial solicitor and the A2 continuing right to the waters edge!
The law applies to a “road or public place”, so you can be convicted of drink-driving anywhere the public have access, including private car parks - you do not have to be on a public road. Specifically, and contrary to popular myth, the police can require a breath test on a pub car park. However, it is not a specific offence on private land to which the public do not have access, although various charges could be brought if driving under the influence of alcohol led to death or injury.
TWINFLAGS:
So have you had a reply from vosa yet and am i allowed to put my satnav in my windscreen or not if not where do i put if then :
In the bin, a proper trucker wouldn’t need one.
So says the man in an Asda wagon who gets maps, directions and risk assessments everywhere he goes.
You are quite correct my friend, but you’re probably unaware that I did 25 years trucking in the real world before I started at ASDA. It’s the easy life for me now, I’ve earned it.
A sat-nav is a very useful tool used correctly. I use mine for finding an address and then plotting a route using my road atlas. It is also useful for working out distances and times for particular journeys.
To follow the direction of a sat-nav without knowing where you are going yourself. Then you can call yourself an idiot.
I’m concerned about these “truck friendly” satn-navs. I cannot see how an algorithm formula entered into mapping software is going to be totally reliable and there are a lot of idiots driving lorries that will trust these things implicitly.
On the way to Mexborough friday night, coming into Rotherham from the M18 the satnav kept trying to send me through loads of 7.5 ton limits. Five minutes with a map and I ended up going into Rotherham, towards Wath and in that way, which was the way I would have gone if not trusting the sat nav too much. Lesson learnt.
kitkat:
if i’m sat in my truck having my 45 and vosa come over and want to check my unit/trl,can i ask them to come back after my break is up
The answer is in the drivers hours rules my friend.
"‘break’ means any period during which a driver may not carry out any driving or any other work and which is used exclusively for recuperation"
The same applies to a daily rest period.
"‘rest’ means any uninterrupted period during which a driver may freely dispose of his time"
As much as they do not like it you are perfectly within your rights to tell them to ask them to come back when your break is over.
VOSA apply the same principle themselves. If you get parked up the 24hour prohibition starts when the VOSA man has finished with you. Not when you got the initial tug.
Didn’t need a explanation of the rules,just a simple yes or no would have done.thanks 4 reply’s
You might not have needed an explanation of the rules, but you certainly need to brush up on your manners. If he had said YES or NO without an explanation, I get the feeling that would not have been sufficient to satisfy you.
Would you’s follow the driver to his /her destination if this is the case
