Harry Monk:
It’s a bit strange this one, I’m willing to stand corrected but if he was out of duty time then I believe that it would have been illegal to return the driver to base in the truck, or a car driven by a company employee, but legal if he made the exact same journey in a taxi.
Its not illegal to be given a lift back to base in a truck or even for a car to be brought out to you with the other driver, its only illegal if your instructed to take the lift or told to drive the car .
Quite possibly so. I once got a (very mild) ticking off from VOSA because Friday’s card ended in Aylesford, and Monday’s started in Sittingbourne. When asked why, I explained that I had taken the truck to Volvo on Friday for inspection. When they asked how I had got back to the yard, I told them my boss’s brother had picked me up in the car. They said I should have shown this as a manual entry.
This being the case, then had I been on 15 hours duty when I arrived at Aylesford, then I would have been over my hours as I rode home in the car.
^^^ would that be because you would of been still getting paid? Just curious. I reckon if a driver ran out if time then he’d stop getting paid at the 15th hour/end of shift (if hourly paid for eg). Then if the driver wanted a lift back it’s in his own time and perfectly legal?
Its not illegal to be given a lift back to base in a truck or even for a car to be brought out to you with the other driver, its only illegal if your instructed to take the lift or told to drive the car .
Harry Monk:
It’s a bit strange this one, I’m willing to stand corrected but if he was out of duty time then I believe that it would have been illegal to return the driver to base in the truck, or a car driven by a company employee, but legal if he made the exact same journey in a taxi.
Its not illegal to be given a lift back to base in a truck or even for a car to be brought out to you with the other driver, its only illegal if your instructed to take the lift or told to drive the car .
Harry is correct
Ok to drive a car or be given a lift back if still got duty time left if out of daily driving time
Tarrman:
^^^ would that be because you would of been still getting paid? Just curious. I reckon if a driver ran out if time then he’d stop getting paid at the 15th hour/end of shift (if hourly paid for eg). Then if the driver wanted a lift back it’s in his own time and perfectly legal?
Being paid or not has no bearing on the regs
The rules state that if not at home or base then all travelling time needs recording
If a driver stops at point A where a rest period begins then the next duty period after that rest must start at point A
Drift:
He aint REALLY giving you a lift back to the depot/yard, its a mate giving you a lift HOME
That’s fine if the driver on rest chooses to do that as part of their rest period but how do they then get back to the same place to start the next shift?
Didn’t know that was the case having to start in same place I have come home over Christmas on a plane truck in Spain broken down and booked back on in UK when I flew back out in New year.
Also didn’t think you could tell on a digi card where you stop and start.
senior50:
Didn’t know that was the case having to start in same place I have come home over Christmas on a plane truck in Spain broken down and booked back on in UK when I flew back out in New year.
Also didn’t think you could tell on a digi card where you stop and start.
Emergencies can make allowances for the regs but in your case under current regs the driver would need comply with rest periods and book the travel time as other work and/or POA
Tarrman:
^^^ would that be because you would of been still getting paid? Just curious. I reckon if a driver ran out if time then he’d stop getting paid at the 15th hour/end of shift (if hourly paid for eg). Then if the driver wanted a lift back it’s in his own time and perfectly legal?
Being paid or not has no bearing on the regs
The rules state that if not at home or base then all travelling time needs recording
If a driver stops at point A where a rest period begins then the next duty period after that rest must start at point A
Disagree. I work out of Magna Park at Lutterworth. There is no legal reason why I cannot (say) end my shift at Towcester, where I have family, and spend my Rest period there, then make my own way to Lutterworth before commencing my next shift (regardless of the length of the Rest period). Any arrangements my employer might make to get the vehicle and load back to Lutterworth (or indeed to any other location) are no concern of mine.
Drift:
He aint REALLY giving you a lift back to the depot/yard, its a mate giving you a lift HOME
That’s fine if the driver on rest chooses to do that as part of their rest period but how do they then get back to the same place to start the next shift?
digi’s don’t ask anymore - well, they do but only country.
Tarrman:
^^^ would that be because you would of been still getting paid? Just curious. I reckon if a driver ran out if time then he’d stop getting paid at the 15th hour/end of shift (if hourly paid for eg). Then if the driver wanted a lift back it’s in his own time and perfectly legal?
Being paid or not has no bearing on the regs
The rules state that if not at home or base then all travelling time needs recording
If a driver stops at point A where a rest period begins then the next duty period after that rest must start at point A
Disagree. I work out of Magna Park at Lutterworth. There is no legal reason why I cannot (say) end my shift at Towcester, where I have family, and spend my Rest period there, then make my own way to Lutterworth before commencing my next shift (regardless of the length of the Rest period). Any arrangements my employer might make to get the vehicle and load back to Lutterworth (or indeed to any other location) are no concern of mine.
You might disagree but the law says differently
The journey from towcester to Lutterworth must legally be recorded
My mate ran out of time once, he still had 3 drops to do, a self employed chap turned up took him in the unit to the nearest travel lodge, he had 9 off the bloke came back with the unit/trailer picked him up, took himself and my mate back to the self employed chaps car, he went home my mate drove back home.
Its a trunk to Warrington that can be delayed at the other end if the load coming up to there is late. He got delayed and couldn’t get back to base. They would have sent a van with a driver to get the truck but he wasn’t permitted to travel in either. They expected him to make his own way back. This is very rare and i suspect someone took advantage of a naive driver. Most of us would have dropped the trailer (time allowing) or refused to get out of the passenger seat. I just wondered what the legal obligation is under these circumstances ie the load is needed so what happens to the driver when he has no truck to sleep in and isn’t allowed to get a lift. What do VOSA expect to happen?
I have another mate who had slightly different circumstances but the principle is the same. Out in a rigid and ran out of duty time in Glasgow. No bunk and they left him there so he got a train and dropped the keys off. He did tell them where to find their truck though
If the employer told the driver to get a taxi back to base he would be acting under the instruction of the employer, and therefore both the driver and the company would technically be breaking the law.
They might just as well have given him a lift in the truck, because as far as I can see they were not complying with the regulations either way
Having said that, they would have to run me over to stop me going back in the truck or the vehicle that took the other driver to the truck.
Normally they sort something out but this time someone chose to be difficult. Still no answer though. What should the driver do according to the law? Or does the law not have an answer either? I suspect that this may be the case
scanny77:
Normally they sort something out but this time someone chose to be difficult. Still no answer though. What should the driver do according to the law? Or does the law not have an answer either? I suspect that this may be the case
Legally travelling back to base is other work, so if he’s out of time he should have a night out.
Article 9 section 2 (EC) 561/2006
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.
