POA

NEW AND WANNABE DRIVERS (INTERACTIVE)
21

shullbit:
I don’t listen to the BS spouted by some of these CPC instructors, one of them told the people on the course I was on that we are allowed to use the hard shoulder if we run out of slip road when joining the motorway ‘‘thats what its there for’’ :smiley:

Exactly! you should just side swipe whatever is in the inside lane as long as it’s smaller than you!

22

tachograph:
I would say that if you’re on standby at home waiting for a call to return to work you cannot dispose of your time freely so it cannot be used as rest, it’s a perfect example of a period of availability.

stu675:
In my CPC I was taught that you could count it as rest if you were on call, and only required to answer the phone, but had the option not to answer the phone if you so choose, then it would count as rest

Surely if you’re at home and have the option of not answering the phone that’s called NOT being on call and that’s why it could be booked as rest :confused: :confused: :confused:

"Being on call during a daily rest period

Drivers who are on call during any period of legally required rest must at all times be able to dispose of the rest time as they choose. This means that an employer cannot impose any limitations on drivers during such periods, for example requiring them to remain in or close to home or at another location. Drivers must be able to dispose of their free time as they choose (but this does not include undertaking any work where they are under the control of or are fulfilling an obligation to an employer). Being on call may only extend as far as a driver agreeing to answer a call during a rest period but only if the driver so chooses. On receiving a call to return to work drivers may only do so if they have completed the legally required amount of rest or if the work is deemed to be an emergency"
gov.uk/guidance/drivers-hou … vers-hours
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As I read it:
If being on call is to be counted as rest, the driver is free to refuse to go in to work.
If the driver is obliged to go in to work, it can’t be counted as daily rest.
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I suspect if the driver is being paid to sit at home, an employer would expect them to return to work, so it isn’t daily rest.
If there is no payment, then there would be no obligation to return to work.
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Could it be that some are not following the letter of the law! Shock!!
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Edit typo