well for all of you smarty pants out there this is a regular occurrence especialy with Tesco they wont be told because they know it all and it happened to me many year’s ago although the police were not called the good’s in supervisor saw sense gave me a ■■■■■■■■■■■■ in between 2 trailer’s and of course before the digi tacho so was able to move ok it was still illegal but we got away with it then this happened at Iceland in enfeild,and the worst recently has been Tesco at dirft it happens on a regular basis but you get the smarty pants driver’s who say ok I will pull my card and drive to rugby truckstop it’s only up the road god help them if they get pulled
It’s a regular occurrence but the police aren’t called 
waynedl:
Ok, so we’ve all heard the story of the driver that was running out of time on the bay.Driver warns that they need to finish sharpish or he’ll be sleeping on the bay, warehouse staff take too long, driver sleeps on the bay, warehouse staff tell him to move and start making loads of noise in trailers next to driver, warehouse staff or driver then phone police and police turn up and close off bays either side of driver so he can get his sleep.
First it was ‘someone who worked at our place did it’… But then, another driver ‘it happened to me, I was bringing a load of … back from … (Europe) delivering to … and they did it and it happened.’
So, I argued that it’s just an RDC story, one of the oldest in the book next to all being ex- sas / sbs / (insert special forces name here) and JUST missing THAT boat…
I gets a load of stick and abuse, which may or may not have been deserved… So.
CAN it happen? Is it likely? Personally I say BULL!
Don’t know if this is true or not, BUT, it is quite acceptable to park on the bay or park across the yard with or without your trailer just before you run out of time if your delayed an unreasonable length of time getting tipped on a bay, say two hours or so.
Why. Well the law says…NO PERSON SHALL CAUSE OR PERMIT A DRIVER TO BREACH THE REGULATIONS. That means the LAW applies to everyone, you, your company, the goods-in man, your granny, EVERYONE.
If an RDC delays you so long on a bay,that you eventually run out of time, and as long as you advise them well in advance what time you need to be parked up by, then they have a duty to get you moving.
If you run out of time on the bay, after been there for a couple of hours and after you have kept them informed of the time, then they can’t make you move, simple. If they do then they will have CAUSED you to breach the regulation and they can be punished for doing so. Remember, THEY caused you to breach the regulations.
Likewise, leaving you with say 15mins of duty time left to get off the bay, leave the yard and find somewhere to park and you run out of time doing so then they are still guilty of an offence, as they caused you to exceed your time.
Even the police can’t make you move,( as long as you are not breaking any laws) as they can’t PERMIT you to break the law.
Remember folks. Everyone believe’s the rules only apply to the driver and the haulage company. The tachograph rules apply to EVERYONE. That includes the goods-in guys.
peter s:
waynedl:
Ok, so we’ve all heard the story of the driver that was running out of time on the bay.Driver warns that they need to finish sharpish or he’ll be sleeping on the bay, warehouse staff take too long, driver sleeps on the bay, warehouse staff tell him to move and start making loads of noise in trailers next to driver, warehouse staff or driver then phone police and police turn up and close off bays either side of driver so he can get his sleep.
First it was ‘someone who worked at our place did it’… But then, another driver ‘it happened to me, I was bringing a load of … back from … (Europe) delivering to … and they did it and it happened.’
So, I argued that it’s just an RDC story, one of the oldest in the book next to all being ex- sas / sbs / (insert special forces name here) and JUST missing THAT boat…
I gets a load of stick and abuse, which may or may not have been deserved… So.
CAN it happen? Is it likely? Personally I say BULL!
Don’t know if this is true or not, BUT, it is quite acceptable to park on the bay or park across the yard with or without your trailer just before you run out of time if your delayed an unreasonable length of time getting tipped on a bay, say two hours or so.
Why. Well the law says…NO PERSON SHALL CAUSE OR PERMIT A DRIVER TO BREACH THE REGULATIONS. That means the LAW applies to everyone, you, your company, the goods-in man, your granny, EVERYONE.
If an RDC delays you so long on a bay,that you eventually run out of time, and as long as you advise them well in advance what time you need to be parked up by, then they have a duty to get you moving.
If you run out of time on the bay, after been there for a couple of hours and after you have kept them informed of the time, then they can’t make you move, simple. If they do then they will have CAUSED you to breach the regulation and they can be punished for doing so. Remember, THEY caused you to breach the regulations.
Likewise, leaving you with say 15mins of duty time left to get off the bay, leave the yard and find somewhere to park and you run out of time doing so then they are still guilty of an offence, as they caused you to exceed your time.
Even the police can’t make you move,( as long as you are not breaking any laws) as they can’t PERMIT you to break the law.Remember folks. Everyone believe’s the rules only apply to the driver and the haulage company. The tachograph rules apply to EVERYONE. That includes the goods-in guys.
Remember folks never miss a potential opportunity that can be exagerrated for a hissy fit. People need to understand we’re lorry drivers and are very important.
peter s:
waynedl:
Ok, so we’ve all heard the story of the driver that was running out of time on the bay.Driver warns that they need to finish sharpish or he’ll be sleeping on the bay, warehouse staff take too long, driver sleeps on the bay, warehouse staff tell him to move and start making loads of noise in trailers next to driver, warehouse staff or driver then phone police and police turn up and close off bays either side of driver so he can get his sleep.
First it was ‘someone who worked at our place did it’… But then, another driver ‘it happened to me, I was bringing a load of … back from … (Europe) delivering to … and they did it and it happened.’
So, I argued that it’s just an RDC story, one of the oldest in the book next to all being ex- sas / sbs / (insert special forces name here) and JUST missing THAT boat…
I gets a load of stick and abuse, which may or may not have been deserved… So.
CAN it happen? Is it likely? Personally I say BULL!
Don’t know if this is true or not, BUT, it is quite acceptable to park on the bay or park across the yard with or without your trailer just before you run out of time if your delayed an unreasonable length of time getting tipped on a bay, say two hours or so.
Why. Well the law says…NO PERSON SHALL CAUSE OR PERMIT A DRIVER TO BREACH THE REGULATIONS. That means the LAW applies to everyone, you, your company, the goods-in man, your granny, EVERYONE.
If an RDC delays you so long on a bay,that you eventually run out of time, and as long as you advise them well in advance what time you need to be parked up by, then they have a duty to get you moving.
If you run out of time on the bay, after been there for a couple of hours and after you have kept them informed of the time, then they can’t make you move, simple. If they do then they will have CAUSED you to breach the regulation and they can be punished for doing so. Remember, THEY caused you to breach the regulations.
Likewise, leaving you with say 15mins of duty time left to get off the bay, leave the yard and find somewhere to park and you run out of time doing so then they are still guilty of an offence, as they caused you to exceed your time.
Even the police can’t make you move,( as long as you are not breaking any laws) as they can’t PERMIT you to break the law.Remember folks. Everyone believe’s the rules only apply to the driver and the haulage company. The tachograph rules apply to EVERYONE. That includes the goods-in guys.
As I’ve said in the past, if I’m out of hours, my vehicle isn’t moving, that’s fair enough, but it’s the whole ‘police called and coned off bays either side’ that I think is bull.
peter s:
waynedl:
Ok, so we’ve all heard the story of the driver that was running out of time on the bay.Driver warns that they need to finish sharpish or he’ll be sleeping on the bay, warehouse staff take too long, driver sleeps on the bay, warehouse staff tell him to move and start making loads of noise in trailers next to driver, warehouse staff or driver then phone police and police turn up and close off bays either side of driver so he can get his sleep.
First it was ‘someone who worked at our place did it’… But then, another driver ‘it happened to me, I was bringing a load of … back from … (Europe) delivering to … and they did it and it happened.’
So, I argued that it’s just an RDC story, one of the oldest in the book next to all being ex- sas / sbs / (insert special forces name here) and JUST missing THAT boat…
I gets a load of stick and abuse, which may or may not have been deserved… So.
CAN it happen? Is it likely? Personally I say BULL!
Don’t know if this is true or not, BUT, it is quite acceptable to park on the bay or park across the yard with or without your trailer just before you run out of time if your delayed an unreasonable length of time getting tipped on a bay, say two hours or so.
Why. Well the law says…NO PERSON SHALL CAUSE OR PERMIT A DRIVER TO BREACH THE REGULATIONS. That means the LAW applies to everyone, you, your company, the goods-in man, your granny, EVERYONE.
If an RDC delays you so long on a bay,that you eventually run out of time, and as long as you advise them well in advance what time you need to be parked up by, then they have a duty to get you moving.
If you run out of time on the bay, after been there for a couple of hours and after you have kept them informed of the time, then they can’t make you move, simple. If they do then they will have CAUSED you to breach the regulation and they can be punished for doing so. Remember, THEY caused you to breach the regulations.
Likewise, leaving you with say 15mins of duty time left to get off the bay, leave the yard and find somewhere to park and you run out of time doing so then they are still guilty of an offence, as they caused you to exceed your time.
Even the police can’t make you move,( as long as you are not breaking any laws) as they can’t PERMIT you to break the law.Remember folks. Everyone believe’s the rules only apply to the driver and the haulage company. The tachograph rules apply to EVERYONE. That includes the goods-in guys.
What complete nonsense. The law says nothing of the kind. Here is a link to the drivers hours regulations. (the real ones, not the sanitised RHA/FTA version) perhaps you should read them before you make misleading statements.
eur-lex.europa.eu/legal-content/ … 32006R0561
I would also like the opinion of the police officer that posted earlier as to wether a driver that refused to leave an RDC when told to do so would be trespassing.
My suspicion would be if you did call the police the most likely result would be them siding with the RDC and saying shift it out of their yard and count yourself lucky I don’t do you for wasting police time.
sayersy:
peter s:
waynedl:
Ok, so we’ve all heard the story of the driver that was running out of time on the bay.Driver warns that they need to finish sharpish or he’ll be sleeping on the bay, warehouse staff take too long, driver sleeps on the bay, warehouse staff tell him to move and start making loads of noise in trailers next to driver, warehouse staff or driver then phone police and police turn up and close off bays either side of driver so he can get his sleep.
First it was ‘someone who worked at our place did it’… But then, another driver ‘it happened to me, I was bringing a load of … back from … (Europe) delivering to … and they did it and it happened.’
So, I argued that it’s just an RDC story, one of the oldest in the book next to all being ex- sas / sbs / (insert special forces name here) and JUST missing THAT boat…
I gets a load of stick and abuse, which may or may not have been deserved… So.
CAN it happen? Is it likely? Personally I say BULL!
Don’t know if this is true or not, BUT, it is quite acceptable to park on the bay or park across the yard with or without your trailer just before you run out of time if your delayed an unreasonable length of time getting tipped on a bay, say two hours or so.
Why. Well the law says…NO PERSON SHALL CAUSE OR PERMIT A DRIVER TO BREACH THE REGULATIONS. That means the LAW applies to everyone, you, your company, the goods-in man, your granny, EVERYONE.
If an RDC delays you so long on a bay,that you eventually run out of time, and as long as you advise them well in advance what time you need to be parked up by, then they have a duty to get you moving.
If you run out of time on the bay, after been there for a couple of hours and after you have kept them informed of the time, then they can’t make you move, simple. If they do then they will have CAUSED you to breach the regulation and they can be punished for doing so. Remember, THEY caused you to breach the regulations.
Likewise, leaving you with say 15mins of duty time left to get off the bay, leave the yard and find somewhere to park and you run out of time doing so then they are still guilty of an offence, as they caused you to exceed your time.
Even the police can’t make you move,( as long as you are not breaking any laws) as they can’t PERMIT you to break the law.Remember folks. Everyone believe’s the rules only apply to the driver and the haulage company. The tachograph rules apply to EVERYONE. That includes the goods-in guys.
What complete nonsense. The law says nothing of the kind. Here is a link to the drivers hours regulations. (the real ones, not the sanitised RHA/FTA version) perhaps you should read them before you make misleading statements.
eur-lex.europa.eu/legal-content/ … 32006R0561
I would also like the opinion of the police officer that posted earlier as to wether a driver that refused to leave an RDC when told to do so would be trespassing.
What happens if you have run out of hours? Legally you can’t drive the truck.
sayersy:
peter s:
waynedl:
Ok, so we’ve all heard the story of the driver that was running out of time on the bay.Driver warns that they need to finish sharpish or he’ll be sleeping on the bay, warehouse staff take too long, driver sleeps on the bay, warehouse staff tell him to move and start making loads of noise in trailers next to driver, warehouse staff or driver then phone police and police turn up and close off bays either side of driver so he can get his sleep.
First it was ‘someone who worked at our place did it’… But then, another driver ‘it happened to me, I was bringing a load of … back from … (Europe) delivering to … and they did it and it happened.’
So, I argued that it’s just an RDC story, one of the oldest in the book next to all being ex- sas / sbs / (insert special forces name here) and JUST missing THAT boat…
I gets a load of stick and abuse, which may or may not have been deserved… So.
CAN it happen? Is it likely? Personally I say BULL!
Don’t know if this is true or not, BUT, it is quite acceptable to park on the bay or park across the yard with or without your trailer just before you run out of time if your delayed an unreasonable length of time getting tipped on a bay, say two hours or so.
Why. Well the law says…NO PERSON SHALL CAUSE OR PERMIT A DRIVER TO BREACH THE REGULATIONS. That means the LAW applies to everyone, you, your company, the goods-in man, your granny, EVERYONE.
If an RDC delays you so long on a bay,that you eventually run out of time, and as long as you advise them well in advance what time you need to be parked up by, then they have a duty to get you moving.
If you run out of time on the bay, after been there for a couple of hours and after you have kept them informed of the time, then they can’t make you move, simple. If they do then they will have CAUSED you to breach the regulation and they can be punished for doing so. Remember, THEY caused you to breach the regulations.
Likewise, leaving you with say 15mins of duty time left to get off the bay, leave the yard and find somewhere to park and you run out of time doing so then they are still guilty of an offence, as they caused you to exceed your time.
Even the police can’t make you move,( as long as you are not breaking any laws) as they can’t PERMIT you to break the law.Remember folks. Everyone believe’s the rules only apply to the driver and the haulage company. The tachograph rules apply to EVERYONE. That includes the goods-in guys.
What complete nonsense. The law says nothing of the kind. Here is a link to the drivers hours regulations. (the real ones, not the sanitised RHA/FTA version) perhaps you should read them before you make misleading statements.
eur-lex.europa.eu/legal-content/ … 32006R0561
I would also like the opinion of the police officer that posted earlier as to wether a driver that refused to leave an RDC when told to do so would be trespassing.
Yes it does I just quoted it. And I give an example of how it can be applied.
Radar19:
sayersy:
peter s:
waynedl:
Ok, so we’ve all heard the story of the driver that was running out of time on the bay.Driver warns that they need to finish sharpish or he’ll be sleeping on the bay, warehouse staff take too long, driver sleeps on the bay, warehouse staff tell him to move and start making loads of noise in trailers next to driver, warehouse staff or driver then phone police and police turn up and close off bays either side of driver so he can get his sleep.
First it was ‘someone who worked at our place did it’… But then, another driver ‘it happened to me, I was bringing a load of … back from … (Europe) delivering to … and they did it and it happened.’
So, I argued that it’s just an RDC story, one of the oldest in the book next to all being ex- sas / sbs / (insert special forces name here) and JUST missing THAT boat…
I gets a load of stick and abuse, which may or may not have been deserved… So.
CAN it happen? Is it likely? Personally I say BULL!
Don’t know if this is true or not, BUT, it is quite acceptable to park on the bay or park across the yard with or without your trailer just before you run out of time if your delayed an unreasonable length of time getting tipped on a bay, say two hours or so.
Why. Well the law says…NO PERSON SHALL CAUSE OR PERMIT A DRIVER TO BREACH THE REGULATIONS. That means the LAW applies to everyone, you, your company, the goods-in man, your granny, EVERYONE.
If an RDC delays you so long on a bay,that you eventually run out of time, and as long as you advise them well in advance what time you need to be parked up by, then they have a duty to get you moving.
If you run out of time on the bay, after been there for a couple of hours and after you have kept them informed of the time, then they can’t make you move, simple. If they do then they will have CAUSED you to breach the regulation and they can be punished for doing so. Remember, THEY caused you to breach the regulations.
Likewise, leaving you with say 15mins of duty time left to get off the bay, leave the yard and find somewhere to park and you run out of time doing so then they are still guilty of an offence, as they caused you to exceed your time.
Even the police can’t make you move,( as long as you are not breaking any laws) as they can’t PERMIT you to break the law.Remember folks. Everyone believe’s the rules only apply to the driver and the haulage company. The tachograph rules apply to EVERYONE. That includes the goods-in guys.
What complete nonsense. The law says nothing of the kind. Here is a link to the drivers hours regulations. (the real ones, not the sanitised RHA/FTA version) perhaps you should read them before you make misleading statements.
eur-lex.europa.eu/legal-content/ … 32006R0561
I would also like the opinion of the police officer that posted earlier as to wether a driver that refused to leave an RDC when told to do so would be trespassing.What happens if you have run out of hours? Legally you can’t drive the truck.
I don’t think there is a right or wrong answer to this question, as the regulations do not take this situation into account. You are correct to say you can’t drive, but RDCs are private property and if they tell you to go there isn’t much you can do about it. I found this online
“Every unlawful entry onto another’s property is trespass, even if no harm is done to the property. A person who has a right to come onto the land may become a trespasser by committing wrongful acts after entry. For example, a mail carrier has a privilege to walk up the sidewalk at a private home but is not entitled to go through the front door. A person who enters property with permission but stays after he has been told to leave also commits a trespass. Moreover, an intruder cannot defend himself in a trespass action by showing that the plaintiff did not have a completely valid legal right to the property. The reason for all of these rules is that the action of trespass exists to prevent breaches of the peace by protecting the quiet possession of real property.”
Another point to consider is that in most cases the vehicle belongs to the operator, and he can instruct the RDC staff to move the vehicle if you won’t.
peter s:
sayersy:
peter s:
waynedl:
Ok, so we’ve all heard the story of the driver that was running out of time on the bay.Driver warns that they need to finish sharpish or he’ll be sleeping on the bay, warehouse staff take too long, driver sleeps on the bay, warehouse staff tell him to move and start making loads of noise in trailers next to driver, warehouse staff or driver then phone police and police turn up and close off bays either side of driver so he can get his sleep.
First it was ‘someone who worked at our place did it’… But then, another driver ‘it happened to me, I was bringing a load of … back from … (Europe) delivering to … and they did it and it happened.’
So, I argued that it’s just an RDC story, one of the oldest in the book next to all being ex- sas / sbs / (insert special forces name here) and JUST missing THAT boat…
I gets a load of stick and abuse, which may or may not have been deserved… So.
CAN it happen? Is it likely? Personally I say BULL!
Don’t know if this is true or not, BUT, it is quite acceptable to park on the bay or park across the yard with or without your trailer just before you run out of time if your delayed an unreasonable length of time getting tipped on a bay, say two hours or so.
Why. Well the law says…NO PERSON SHALL CAUSE OR PERMIT A DRIVER TO BREACH THE REGULATIONS. That means the LAW applies to everyone, you, your company, the goods-in man, your granny, EVERYONE.
If an RDC delays you so long on a bay,that you eventually run out of time, and as long as you advise them well in advance what time you need to be parked up by, then they have a duty to get you moving.
If you run out of time on the bay, after been there for a couple of hours and after you have kept them informed of the time, then they can’t make you move, simple. If they do then they will have CAUSED you to breach the regulation and they can be punished for doing so. Remember, THEY caused you to breach the regulations.
Likewise, leaving you with say 15mins of duty time left to get off the bay, leave the yard and find somewhere to park and you run out of time doing so then they are still guilty of an offence, as they caused you to exceed your time.
Even the police can’t make you move,( as long as you are not breaking any laws) as they can’t PERMIT you to break the law.Remember folks. Everyone believe’s the rules only apply to the driver and the haulage company. The tachograph rules apply to EVERYONE. That includes the goods-in guys.
What complete nonsense. The law says nothing of the kind. Here is a link to the drivers hours regulations. (the real ones, not the sanitised RHA/FTA version) perhaps you should read them before you make misleading statements.
eur-lex.europa.eu/legal-content/ … 32006R0561
I would also like the opinion of the police officer that posted earlier as to wether a driver that refused to leave an RDC when told to do so would be trespassing.Yes it does I just quoted it. And I give an example of how it can be applied.
Where did you get the quote from?
sayersy:
Radar19:
sayersy:
peter s:
waynedl:
Ok, so we’ve all heard the story of the driver that was running out of time on the bay.Driver warns that they need to finish sharpish or he’ll be sleeping on the bay, warehouse staff take too long, driver sleeps on the bay, warehouse staff tell him to move and start making loads of noise in trailers next to driver, warehouse staff or driver then phone police and police turn up and close off bays either side of driver so he can get his sleep.
First it was ‘someone who worked at our place did it’… But then, another driver ‘it happened to me, I was bringing a load of … back from … (Europe) delivering to … and they did it and it happened.’
So, I argued that it’s just an RDC story, one of the oldest in the book next to all being ex- sas / sbs / (insert special forces name here) and JUST missing THAT boat…
I gets a load of stick and abuse, which may or may not have been deserved… So.
CAN it happen? Is it likely? Personally I say BULL!
Don’t know if this is true or not, BUT, it is quite acceptable to park on the bay or park across the yard with or without your trailer just before you run out of time if your delayed an unreasonable length of time getting tipped on a bay, say two hours or so.
Why. Well the law says…NO PERSON SHALL CAUSE OR PERMIT A DRIVER TO BREACH THE REGULATIONS. That means the LAW applies to everyone, you, your company, the goods-in man, your granny, EVERYONE.
If an RDC delays you so long on a bay,that you eventually run out of time, and as long as you advise them well in advance what time you need to be parked up by, then they have a duty to get you moving.
If you run out of time on the bay, after been there for a couple of hours and after you have kept them informed of the time, then they can’t make you move, simple. If they do then they will have CAUSED you to breach the regulation and they can be punished for doing so. Remember, THEY caused you to breach the regulations.
Likewise, leaving you with say 15mins of duty time left to get off the bay, leave the yard and find somewhere to park and you run out of time doing so then they are still guilty of an offence, as they caused you to exceed your time.
Even the police can’t make you move,( as long as you are not breaking any laws) as they can’t PERMIT you to break the law.Remember folks. Everyone believe’s the rules only apply to the driver and the haulage company. The tachograph rules apply to EVERYONE. That includes the goods-in guys.
What complete nonsense. The law says nothing of the kind. Here is a link to the drivers hours regulations. (the real ones, not the sanitised RHA/FTA version) perhaps you should read them before you make misleading statements.
eur-lex.europa.eu/legal-content/ … 32006R0561
I would also like the opinion of the police officer that posted earlier as to wether a driver that refused to leave an RDC when told to do so would be trespassing.What happens if you have run out of hours? Legally you can’t drive the truck.
I don’t think there is a right or wrong answer to this question, as the regulations do not take this situation into account. You are correct to say you can’t drive, but RDCs are private property and if they tell you to go there isn’t much you can do about it. I found this online
“Every unlawful entry onto another’s property is trespass, even if no harm is done to the property. A person who has a right to come onto the land may become a trespasser by committing wrongful acts after entry. For example, a mail carrier has a privilege to walk up the sidewalk at a private home but is not entitled to go through the front door. A person who enters property with permission but stays after he has been told to leave also commits a trespass. Moreover, an intruder cannot defend himself in a trespass action by showing that the plaintiff did not have a completely valid legal right to the property. The reason for all of these rules is that the action of trespass exists to prevent breaches of the peace by protecting the quiet possession of real property.”
Another point to consider is that in most cases the vehicle belongs to the operator, and he can instruct the RDC staff to move the vehicle if you won’t.
The laws were written to cover all eventualities.
peter s:
sayersy:
Radar19:
sayersy:
peter s:
waynedl:
Ok, so we’ve all heard the story of the driver that was running out of time on the bay.Driver warns that they need to finish sharpish or he’ll be sleeping on the bay, warehouse staff take too long, driver sleeps on the bay, warehouse staff tell him to move and start making loads of noise in trailers next to driver, warehouse staff or driver then phone police and police turn up and close off bays either side of driver so he can get his sleep.
First it was ‘someone who worked at our place did it’… But then, another driver ‘it happened to me, I was bringing a load of … back from … (Europe) delivering to … and they did it and it happened.’
So, I argued that it’s just an RDC story, one of the oldest in the book next to all being ex- sas / sbs / (insert special forces name here) and JUST missing THAT boat…
I gets a load of stick and abuse, which may or may not have been deserved… So.
CAN it happen? Is it likely? Personally I say BULL!
Don’t know if this is true or not, BUT, it is quite acceptable to park on the bay or park across the yard with or without your trailer just before you run out of time if your delayed an unreasonable length of time getting tipped on a bay, say two hours or so.
Why. Well the law says…NO PERSON SHALL CAUSE OR PERMIT A DRIVER TO BREACH THE REGULATIONS. That means the LAW applies to everyone, you, your company, the goods-in man, your granny, EVERYONE.
If an RDC delays you so long on a bay,that you eventually run out of time, and as long as you advise them well in advance what time you need to be parked up by, then they have a duty to get you moving.
If you run out of time on the bay, after been there for a couple of hours and after you have kept them informed of the time, then they can’t make you move, simple. If they do then they will have CAUSED you to breach the regulation and they can be punished for doing so. Remember, THEY caused you to breach the regulations.
Likewise, leaving you with say 15mins of duty time left to get off the bay, leave the yard and find somewhere to park and you run out of time doing so then they are still guilty of an offence, as they caused you to exceed your time.
Even the police can’t make you move,( as long as you are not breaking any laws) as they can’t PERMIT you to break the law.Remember folks. Everyone believe’s the rules only apply to the driver and the haulage company. The tachograph rules apply to EVERYONE. That includes the goods-in guys.
What complete nonsense. The law says nothing of the kind. Here is a link to the drivers hours regulations. (the real ones, not the sanitised RHA/FTA version) perhaps you should read them before you make misleading statements.
eur-lex.europa.eu/legal-content/ … 32006R0561
I would also like the opinion of the police officer that posted earlier as to wether a driver that refused to leave an RDC when told to do so would be trespassing.What happens if you have run out of hours? Legally you can’t drive the truck.
I don’t think there is a right or wrong answer to this question, as the regulations do not take this situation into account. You are correct to say you can’t drive, but RDCs are private property and if they tell you to go there isn’t much you can do about it. I found this online
“Every unlawful entry onto another’s property is trespass, even if no harm is done to the property. A person who has a right to come onto the land may become a trespasser by committing wrongful acts after entry. For example, a mail carrier has a privilege to walk up the sidewalk at a private home but is not entitled to go through the front door. A person who enters property with permission but stays after he has been told to leave also commits a trespass. Moreover, an intruder cannot defend himself in a trespass action by showing that the plaintiff did not have a completely valid legal right to the property. The reason for all of these rules is that the action of trespass exists to prevent breaches of the peace by protecting the quiet possession of real property.”
Another point to consider is that in most cases the vehicle belongs to the operator, and he can instruct the RDC staff to move the vehicle if you won’t.The laws were written to cover all eventualities.
yes, laws are written to cover all eventualities, but don’t contain every possible situation - they never could. There is no mention anywhere in the regulations about this situation, nor can I find any test case were a judgement has been made to guide us. Nor do the regulations mention causing or permitting, which is a British legal term, and unlikely to find it’s way into a European union directive. So I again suggest to you that you take the time to read the regulations that apply to the industry in which I presume you work, and not to pass off your opinions as facts
MikeDBristol:
Truckulent:
The only reason stories like this do the rounds is 'cos 49% of drivers are bullshitters and 49% are daft enough to believe it.I’m glad I’m in the 2% that is neither!
I think you’ve made these numbers up, rendering the statement a load of [zb], which puts you in the 49% category.
You think I did?? So you’re making that bit up too then?? 
Let me put your mind at rest! I did make them up as it happens! 
But, the statement in essence is true nevertheless. Just reading the for and against posts on this one thread illustrates it very well… Do all these idiotic drivers carry pink chalk, just in case■■? The police don’t attend break ins and car theft these days, so they aren’t going to ■■■■ about with a lorry on a bay.
Never mind about the made up numbers MikeD. At least I know what facetiously means.
sayersy:
peter s:
sayersy:
peter s:
waynedl:
Ok, so we’ve all heard the story of the driver that was running out of time on the bay.Driver warns that they need to finish sharpish or he’ll be sleeping on the bay, warehouse staff take too long, driver sleeps on the bay, warehouse staff tell him to move and start making loads of noise in trailers next to driver, warehouse staff or driver then phone police and police turn up and close off bays either side of driver so he can get his sleep.
First it was ‘someone who worked at our place did it’… But then, another driver ‘it happened to me, I was bringing a load of … back from … (Europe) delivering to … and they did it and it happened.’
So, I argued that it’s just an RDC story, one of the oldest in the book next to all being ex- sas / sbs / (insert special forces name here) and JUST missing THAT boat…
I gets a load of stick and abuse, which may or may not have been deserved… So.
CAN it happen? Is it likely? Personally I say BULL!
Don’t know if this is true or not, BUT, it is quite acceptable to park on the bay or park across the yard with or without your trailer just before you run out of time if your delayed an unreasonable length of time getting tipped on a bay, say two hours or so.
Why. Well the law says…NO PERSON SHALL CAUSE OR PERMIT A DRIVER TO BREACH THE REGULATIONS. That means the LAW applies to everyone, you, your company, the goods-in man, your granny, EVERYONE.
If an RDC delays you so long on a bay,that you eventually run out of time, and as long as you advise them well in advance what time you need to be parked up by, then they have a duty to get you moving.
If you run out of time on the bay, after been there for a couple of hours and after you have kept them informed of the time, then they can’t make you move, simple. If they do then they will have CAUSED you to breach the regulation and they can be punished for doing so. Remember, THEY caused you to breach the regulations.
Likewise, leaving you with say 15mins of duty time left to get off the bay, leave the yard and find somewhere to park and you run out of time doing so then they are still guilty of an offence, as they caused you to exceed your time.
Even the police can’t make you move,( as long as you are not breaking any laws) as they can’t PERMIT you to break the law.Remember folks. Everyone believe’s the rules only apply to the driver and the haulage company. The tachograph rules apply to EVERYONE. That includes the goods-in guys.
What complete nonsense. The law says nothing of the kind. Here is a link to the drivers hours regulations. (the real ones, not the sanitised RHA/FTA version) perhaps you should read them before you make misleading statements.
eur-lex.europa.eu/legal-content/ … 32006R0561
I would also like the opinion of the police officer that posted earlier as to wether a driver that refused to leave an RDC when told to do so would be trespassing.Yes it does I just quoted it. And I give an example of how it can be applied.
Where did you get the quote from?
A while back I found the regulation as they where first written by the EU lawyers with all the legal speak from which the main points were summarized. It is the summarized version which most of us read. I came across it by accident and but have been unable to find it . I do however remember the quote was on page 32 under a section titled Defences.
sayersy:
peter s:
sayersy:
Radar19:
sayersy:
peter s:
waynedl:
Ok, so we’ve all heard the story of the driver that was running out of time on the bay.Driver warns that they need to finish sharpish or he’ll be sleeping on the bay, warehouse staff take too long, driver sleeps on the bay, warehouse staff tell him to move and start making loads of noise in trailers next to driver, warehouse staff or driver then phone police and police turn up and close off bays either side of driver so he can get his sleep.
First it was ‘someone who worked at our place did it’… But then, another driver ‘it happened to me, I was bringing a load of … back from … (Europe) delivering to … and they did it and it happened.’
So, I argued that it’s just an RDC story, one of the oldest in the book next to all being ex- sas / sbs / (insert special forces name here) and JUST missing THAT boat…
I gets a load of stick and abuse, which may or may not have been deserved… So.
CAN it happen? Is it likely? Personally I say BULL!
Don’t know if this is true or not, BUT, it is quite acceptable to park on the bay or park across the yard with or without your trailer just before you run out of time if your delayed an unreasonable length of time getting tipped on a bay, say two hours or so.
Why. Well the law says…NO PERSON SHALL CAUSE OR PERMIT A DRIVER TO BREACH THE REGULATIONS. That means the LAW applies to everyone, you, your company, the goods-in man, your granny, EVERYONE.
If an RDC delays you so long on a bay,that you eventually run out of time, and as long as you advise them well in advance what time you need to be parked up by, then they have a duty to get you moving.
If you run out of time on the bay, after been there for a couple of hours and after you have kept them informed of the time, then they can’t make you move, simple. If they do then they will have CAUSED you to breach the regulation and they can be punished for doing so. Remember, THEY caused you to breach the regulations.
Likewise, leaving you with say 15mins of duty time left to get off the bay, leave the yard and find somewhere to park and you run out of time doing so then they are still guilty of an offence, as they caused you to exceed your time.
Even the police can’t make you move,( as long as you are not breaking any laws) as they can’t PERMIT you to break the law.Remember folks. Everyone believe’s the rules only apply to the driver and the haulage company. The tachograph rules apply to EVERYONE. That includes the goods-in guys.
What complete nonsense. The law says nothing of the kind. Here is a link to the drivers hours regulations. (the real ones, not the sanitised RHA/FTA version) perhaps you should read them before you make misleading statements.
eur-lex.europa.eu/legal-content/ … 32006R0561
I would also like the opinion of the police officer that posted earlier as to wether a driver that refused to leave an RDC when told to do so would be trespassing.What happens if you have run out of hours? Legally you can’t drive the truck.
I don’t think there is a right or wrong answer to this question, as the regulations do not take this situation into account. You are correct to say you can’t drive, but RDCs are private property and if they tell you to go there isn’t much you can do about it. I found this online
“Every unlawful entry onto another’s property is trespass, even if no harm is done to the property. A person who has a right to come onto the land may become a trespasser by committing wrongful acts after entry. For example, a mail carrier has a privilege to walk up the sidewalk at a private home but is not entitled to go through the front door. A person who enters property with permission but stays after he has been told to leave also commits a trespass. Moreover, an intruder cannot defend himself in a trespass action by showing that the plaintiff did not have a completely valid legal right to the property. The reason for all of these rules is that the action of trespass exists to prevent breaches of the peace by protecting the quiet possession of real property.”
Another point to consider is that in most cases the vehicle belongs to the operator, and he can instruct the RDC staff to move the vehicle if you won’t.The laws were written to cover all eventualities.
yes, laws are written to cover all eventualities, but don’t contain every possible situation - they never could. There is no mention anywhere in the regulations about this situation, nor can I find any test case were a judgement has been made to guide us. Nor do the regulations mention causing or permitting, which is a British legal term, and unlikely to find it’s way into a European union directive. So I again suggest to you that you take the time to read the regulations that apply to the industry in which I presume you work, and not to pass off your opinions as facts
Which is what you are doing is it not?
Listen…I understand where you’re coming from. I too don’t listen to RDC bull or bull from drivers. I prefer to find out the facts myself. I said in my last post where I got the quote from and to be honest I haven’t read it or heard it mentioned anywhere else. But read it I did.
I do hope however someone here will dig it out, not to prove me right but to inform others.
If your in an RDC you are on private land so just pull the card and drive the truck.
I drive the bloody things round all night to put them in the garage for service and I dont put a card in.Never a problem with vosa about driving without a card or lost mileage.
Just a load of pedantic jerks who think they are hard done by.
What a load of ■■■■■■■
No the Police will not cone off bays so you can sleep, no the Police will not move you at the request of the RDC. It is not a public place and therefore the only offence is trespass and that is a civil offence and nothing to do with the Police (although criminal trespass under Public Order Act is!). The only reason Police would be called is to prevent a breach of the peace and that has nothing to do with noise but damage and assault.
…and to the poster that said the Police cannot make you move - they can and they will if they need to. It doesn’t matter if you are on break or rest, if you don’t it can be wilfull obstruction and standby a night in the cells!
A little knowledge is a dangerous thing
Bking:
If your in an RDC you are on private land so just pull the card and drive the truck.I drive the bloody things round all night to put them in the garage for service and I dont put a card in.Never a problem with vosa about driving without a card or lost mileage.
Just a load of pedantic jerks who think they are hard done by.
Back to the uninformed rubbish,eh?
Yes YOU can drive around all night without a card as long as you never leave private land, but the regs. state that if any part of the driving is on the public road then the card must stay in for the whole journey, including any driving on private land.
That’s not to day that it has not been done , but it ain’t legal.
Part of the problem is, as anyone who has ever worked in a warehouse yard will know, that some drivers will say that they are running out of hours in the hope that they will get tipped quickly.
Of course no driver who contributes to this forum would do such a thing, but there are those that do, and it makes goods-in clerks a bit cynical.