Driver starts at 0600 and finishes at 2100, 1 hour away from depot. Company tells driver he will be picked up and took back to base as they need truck, going over 15 hours. Surely this counts as working time therefore cannot be done?
You are right, not legal.
It can’t be done, once he’s done his 15 that’s it.
Cheers guys.
If you want more info, it has been covered in this thread.
viewtopic.php?f=7&t=84643&p=1167317
My post on that thread…
My understanding is that you cannot be carried as a passenger in a car if your duty time is up, and VOSA once gave me a friendly warning because my weekend break started at Aylesford and I started on work Monday from Sittingbourne, with 30km of missing mileage.
They asked why, so I explained that I had dropped the truck off at Volvo for a service, and my boss collected it on the Saturday and drove it back to the yard.
They then asked how I had got from Aylesford back to the yard on Friday, and I explained that my boss’s brother had collected me in his car.
They told me that this is classed as other work, and I should have made a manual entry covering it on the back of the tacho card.
I’ve never understood this one. What if they sent a cab to pick u up? What if you left the truck and walked home or used a train or a cab? Is the only difference that the vehicle belongs to the employer?
^^ Because it is extra travelling time that is work related, not your normal drive home in your own car. Sorry to sound a bit ■■■■ but if I’d have agreed to doing this then as far as I’m aware of, I would not of had sufficient daily rest in the 24 hour period.
mrx:
I’ve never understood this one. What if they sent a cab to pick u up? What if you left the truck and walked home or used a train or a cab? Is the only difference that the vehicle belongs to the employer?
As your on your daily rest you can certainly choose to go home on a bus or train or whatever then return to the truck during your daily rest period to resume your journey, doing that you’re simply disposing of the time freely which is the criteria for a daily rest period.
But if the vehicle is recovered by your employer or anyone acting for your employer, or you are in any way acting on the instruction of your employer when travelling home the travelling time home is other work .
we had this at asda eventually no thanks to the fta we got it proven it is illegal as your not free to spend your time as you wish and it is in a company vehicle
mrx:
I’ve never understood this one. What if they sent a cab to pick u up?
Legal.
mrx:
What if you left the truck and walked home
Legal.
mrx:
or used a train or a cab?
Legal.
mrx:
Is the only difference that the vehicle belongs to the employer?
Yep, that would be illegal. But don’t worry about it, you, like me, aren’t paid enough to concern yourself about this sort of thing. That is what they say we have to do, so that’s what we have to do.
If I’m stuck in (for example) Chepstow and my wife comes to pick me up in our own car - that would be legal, yes?
And if my firm went and collected the vehicle using spare keys and took it back to the yard, then would I be able to start my next shift in the yard - or would I have to go back to Chepstow and wait for a vehicle from work? 
Harry Monk:
mrx:
I’ve never understood this one. What if they sent a cab to pick u up?Legal.
I would have to disagree with that, if the company send a vehicle to pick you up I’m pretty sure VOSA would say you was acting on the instruction of your employer and therefore working 
The Sarge:
If I’m stuck in (for example) Chepstow and my wife comes to pick me up in our own car - that would be legal, yes?
I would say that if she picks you up during your daily rest period it’s your choice and legal.
The Sarge:
And if my firm went and collected the vehicle using spare keys and took it back to the yard, then would I be able to start my next shift in the yard - or would I have to go back to Chepstow and wait for a vehicle from work?
I know some people would say that if you travelled back to Chepstow and resumed your journey from there after your daily rest period it would be legal, personally I think that if VOSA wanted to argue the issue you could have a hard time convincing them that you was disposing of your time freely by travelling home when the boss recovered the vehicle.
I wouldn’t like to say it’s illegal but then I wouldn’t want to have to convince VOSA that it’s not, I mean, technically there’s nothing to stop the company taking the vehicle and you stopping in B&B, but them taking the vehicle whilst you go home then return after your daily rest … looks a bit suspicious doesn’t it
I won’t tell if you don’t!
tachograph:
Harry Monk:
mrx:
I’ve never understood this one. What if they sent a cab to pick u up?Legal.
I would have to disagree with that, if the company send a vehicle to pick you up I’m pretty sure VOSA would say you was acting on the instruction of your employer and therefore working
I would say that if the company phoned the cab company then that would be illegal, but if the driver phoned the cab company then it would be legal.
It just goes to show that the Law is too complicated for normal folk to understand… same place, same cab, just depends whose order it was!
Harry Monk:
It just goes to show that the Law is too complicated for normal folk to understand… same place, same cab, just depends whose order it was!
Nothing complicated about the OP’s post (or subsequent ones)…
Company tells driver he will be picked up and took back to base as they need truck
They can’t have it. Any travelling to or from workstations (other than his usual place of work) pretty much rules out your taxi cab scenario for booking off and resuming somewhere else.
Mike-C:
Harry Monk:
It just goes to show that the Law is too complicated for normal folk to understand… same place, same cab, just depends whose order it was!Nothing complicated about the OP’s post (or subsequent ones)…
Company tells driver he will be picked up and took back to base as they need truck
They can’t have it. Any travelling to or from workstations (other than his usual place of work) pretty much rules out your taxi cab scenario for booking off and resuming somewhere else.
As the subject has been covered many times in the past, even if it is a weekend, the truck stays where the driver left it if his duty time is up
I remember geebee45 answering this quite some time ago
Driver gets to the point where they need to start a rest period so they park up
The driver can now do what they like for that rest period as it is their time to do what they want with
The requirement is that they restart from the same point they went off duty
What would be unreasonable is for the company to leave the driver with nowhere to sleep
As far as I can see the company would not be acting illegally under EU regs if they collected their truck from a layby in the middle of nowhere at the start of the drivers rest period and then returned it to the same layby at the end of the drivers rest period and left the driver stranded in that layby for that rest period !!
The Sarge:
If I’m stuck in (for example) Chepstow and my wife comes to pick me up in our own car - that would be legal, yes?
And if my firm went and collected the vehicle using spare keys and took it back to the yard, then would I be able to start my next shift in the yard - or would I have to go back to Chepstow and wait for a vehicle from work?
What are you, an idiot?