Does anyone know of a piece of legislation that states that HGV drivers should not be either encouraged or expected to exceed the speed limits related to the vehicle and the type of road they are on?
jybson:
Does anyone know of a piece of legislation that states that HGV drivers should not be either encouraged or expected to exceed the speed limits related to the vehicle and the type of road they are on?
The Road Traffic Act states the maximum speed for each type of vehicle so anyone doing what you state would be condoning breaking the law
If an employer states such a thing then simply say that you need it in writing then watch them back track
I’d have thought the road traffic act would be a good starting point. If you are being put under pressure to exceed speed limits ask for the instruction in writing so as the company O license is in the same jeopardy as your license.
its also against the law to be paid by the load
nick2008:
its also against the law to be paid by the load
No it isn’t.
When your CPC Holder signed the form to act as the companies TM, hey would have agreed to “make arrangements to ensure driver comply with drivers hours, tachograph rules and with speed limits”
And Basically loads of the stuff on O’licence is about compliance with various regulations, including speed limits.
If you’re being put under pressure start making records of everything, with dates and times, things like how much time you’d be expected to do a job and what’s said to encourage you to do so.
Because its unlikely that if you are let go the reason will be stated, would be because you wouldn’t exceed the speed limit.
nick2008:
its also against the law to be paid by the load
Only if the payment scheme was encouraging a driver to endanger road safety which may not automatically be the case.
muckles:
When your CPC Holder signed the form to act as the companies TM, hey would have agreed to “make arrangements to ensure driver comply with drivers hours, tachograph rules and with speed limits”And Basically loads of the stuff on O’licence is about compliance with various regulations, including speed limits.
If you’re being put under pressure start making records of everything, with dates and times, things like how much time you’d be expected to do a job and what’s said to encourage you to do so.
Because its unlikely that if you are let go the reason will be stated, would be because you wouldn’t exceed the speed limit.
^^^ THIS
That’s really good advice - I’ve been told a few times to keep my toe in! I’ve just stood my ground and refused and I’ve never had a come back yet. I will not run bent for anyone!
jybson:
Does anyone know of a piece of legislation that states that HGV drivers should not be either encouraged or expected to exceed the speed limits related to the vehicle and the type of road they are on?
The current tachograph regs pretty much cover it…
CHAPTER III
LIABILITY OF TRANSPORT UNDERTAKINGS
Article 10
A transport undertaking shall not give drivers it employs or who are put at its disposal any payment, even in the form of a bonus or wage supplement, related to distances travelled and/or the amount of goods carried if that payment is of such a kind as to endanger road safety and/or encourages infringement of this Regulation.
A transport undertaking shall organise the work of drivers referred to in paragraph 1 in such a way that the drivers are able to comply with Regulation (EEC) No 3821/85 and Chapter II of this Regulation. The transport undertaking shall properly instruct the driver and shall make regular checks to ensure that Regulation (EEC) No 3821/85 and Chapter II of this Regulation are complied with.
A transport undertaking shall be liable for infringements committed by drivers of the undertaking, even if the infringement was committed on the territory of another Member State or a third country.
Without prejudice to the right of Member States to hold transport undertakings fully liable, Member States may make this liability conditional on the undertaking’s infringement of paragraphs 1 and 2. Member States may consider any evidence that the transport undertaking cannot reasonably be held responsible for the infringement committed.
Sun Valley Poulty Ltd based in Hereford piled on the pressure for their drivers having to break the speed limit so the catching teams never had any waiting between loading the cages at the chicken farms.
It was due to poor planning, ie time, distance, speed, it was just not possible.With managers turning a blind eye to rules being broken.The drivers complained and bubbled the firm.
Eight drivers appeared in court stated the above and the firm was fined £30,000.
jybson:
Does anyone know of a piece of legislation that states that HGV drivers should not be either encouraged or expected to exceed the speed limits related to the vehicle and the type of road they are on?
What exactly is the problem? Is your boss just giving you ■■■■ for not doing 56 on singles?
Hi, I’ve just been informed that, even though I’ve accrued approx 50 hours OT this month, it will not be paid as I’m going too slowly.
Run is absolutely massive - Lutterworth, Nuneaton, Wolverhampton, Telford, Shrewsbury, Milton Green(Whitchurch), Queensferry, Llandudno Junction, Harlech, Lutterworth. 
This is done in an 18 tonner and is ■■■■ close to 600 Km. Driven legally by yours truly I hit 10 hours driving at Tamworth and Atherstone respectively on days 1 and 2 (600 minutes on the dot day 2). Popped card out of tacho on 15 hours duty both days too.
Day 3, I’m sent to pastures new and ‘Driver X’ zips round the same run in 11 hours flat, under 9 hours driving! I’m hauled over the coals (informally of course) and told if he can do it so can I, you’re using the wrong roads, etc etc. Are you dragging your heels for OT? We’re not paying it.
Drivers X,Y,Z etc who apparently possess time machines and get round runs this size ‘legally’ are still receiving OT.
That bit of legislation up there ^^ may come in handy when the ■■■ hits the fan.
To be honest is it really worth battling against the company you work for?, get all your wages owed and start looking elsewhere as its not really a great working relationship is it.
Let driver x do the run if he can do it quicker would be my reply to your boss
Ring or email the vosa enforcement team by what you have said is not safe for you or other road users it only takes hakf a second to fall asleep at the wheel and stick to 40 mph on the single as you do not know if an un marked police car is behind you as they put roof racks on the roof and use skodas to subarus.
FarnboroughBoy11:
To be honest is it really worth battling against the company you work for?, get all your wages owed and start looking elsewhere as its not really a great working relationship is it.
This ^.
You won’t change companies like that. However I think someone is being economical with the truth somewhere. Either you are seriously hanging the job out or the other guy is running bent (and I don’t mean just ignoring speed limits) because 4 hours is a lot of difference.
DearBoy:
Hi, I’ve just been informed that, even though I’ve accrued approx 50 hours OT this month, it will not be paid as I’m going too slowly.
No economy with the truth here, friend. I stick to speed limits and don’t cheat my breaks…
Speeding? Working breaks? Vehicle checks and pre shift loading done off the card? Would that qualify as running bent? 
Contraflow:
DearBoy:
Hi, I’ve just been informed that, even though I’ve accrued approx 50 hours OT this month, it will not be paid as I’m going too slowly.
Personally I’d be sourcing employment elsewhere and then leaving place after filling some 5 gallons to tune of whatever amount of overtime was owed.
Rob K:
FarnboroughBoy11:
To be honest is it really worth battling against the company you work for?, get all your wages owed and start looking elsewhere as its not really a great working relationship is it.This ^.
You won’t change companies like that. However I think someone is being economical with the truth somewhere. Either you are seriously hanging the job out or the other guy is running bent (and I don’t mean just ignoring speed limits) because 4 hours is a lot of difference.
As you say Rob, 4 hours takes some gaining, even if the magnet stays on 