mick.mh2racing:
Drivers are allowed by law to urinate against any of the nearside wheels.
The repeal of the old Hackney carriage act put Paid to that idea
Santa:
If you run out of hours on your way back to base, they can send someone out in a van to take the lorry back while you drive home in the van, so long as you don’t get paid for the time.
Santa:
If you run out of hours on your way back to base, they can send someone out in a van to take the lorry back while you drive base in the van
for the section in I’ve put in italic, you don’t think you’d be insured.
Sorry to ■■■■ on your party, but if you have not run out on Working Time then this actually can work.
tommymanc:
Santa:
If you run out of hours on your way back to base, they can send someone out in a van to take the lorry back while you drive home in the van, so long as you don’t get paid for the time.Santa:
If you run out of hours on your way back to base, they can send someone out in a van to take the lorry back while you drive base in the vanfor the section in I’ve put in italic, you don’t think you’d be insured.
Sorry to ■■■■ on your party, but if you have not run out on Working Time then this actually can work.
If you have run out of driving time you can drive the non tacho vehicle as working time. If you are out of duty time you are not allowed in a company vehicle at all which is the bit that I object to. Whether taxi or pool car, you are a passenger so what difference does it make? 
scanny77:
If you are out of duty time you are not allowed in a company vehicle at all which is the bit that I object to. Whether taxi or pool car, you are a passenger so what difference does it make?
If you travelling back to base as a passenger in a vehicle then you have not started a daily rest. It is the lack of sufficient daily within 24 hours of starting the shift that is the infringement being committed.
The best way to deal with such a situation if it arises is to send two members of staff out, one to take the lorry back and the other to take the driver back. Then the driver should do a manual record for the time he was travelling back to the depot and write an explanation of what happened.
Whilst it is still an offence, providing it is a one-off incident, has an explanation recorded and was due to unforeseen circumstances then DVSA aren’t going to do anything about it.
It’s the same as going over 4h30 driving due to being stuck in traffic, provided it only happens rarely, you record what happened and it was genuinely unforeseen then DVSA aren’t going to prosecute.
Leaving a driver at the side of the road doesn’t help unless they are putting him in a hotel for the night, as that is the only way he can start his daily rest at that point. Even getting a bus back to the depot to collect his car would still be working.
Another made up law I have heard quoted several times is that every tachograph printout you do is a legal document and must be kept for your records.
Glen A9:
Another made up law I have heard quoted several times is that every tachograph printout you do is a legal document and must be kept for your records.
Actually in a similar vein I’ve heard a few drivers say it’s law to do a printout at the end of every shift and keep it as it’s a legally required document. Total piffle, not to mention an expensive waste of paper
I’ve had employers tell me to do printouts at the end of shifts to keep for my records, blue chip multi national companies who should know better. My answer has always been the same as yours.
martinviking:
I think the Law of Gravity & Physics needs to be taught in the next DCPC class, judging by the amount of roll overs we seem to be having.
Professional Drivers [emoji57]
We got shown a video of a “dead man walking” at Bradford Stadium Fire (The forgotten football disaster) on our DCPC “Class”…
To this day, I dunno if this was to demonstrate the flammability of certain types of outfit, or the idea that the grandstand stadiums are bulging with fluff and ■■■ ends that goes up like Cordite. 
mick.mh2racing:
If by some mistake your employer over pays you then it’s illegal for them to take that money back. It must be true because I heard it in a driver’s waiting room.
I made the mistake of challenging this, your employer is not allowed to make deductions without your consent but if it’s to correct an overpayment then they can.
Apparently his best mate was a top London lawyer and he’d told him so I must have been wrong.
They cannot take it out of your bank account without asking your permission to debit, which you might well say “No” to. They CAN of course dock it from your next wages - without asking.
Possession is 9/10ths of the law always. 
Conclusion: If you sign up with a mickey mouse agency that sends you on some awlful job you won’t be coming back to - should you get overpaid, then keep it - there’s bugger all they can do to recover the money.
Of course, paradoxically - this never ever happens in the entire history of agency work - does it?
Winseer:
mick.mh2racing:
I’m order to sleep in a cab you must be 6 feet from the steering wheel.“In order to leave the driving industry, you’ve got to be 6 feet under the ground.”
you can’t even have the day off " for your own funeral. " 
Winseer:
mick.mh2racing:
If by some mistake your employer over pays you then it’s illegal for them to take that money back. It must be true because I heard it in a driver’s waiting room.
I made the mistake of challenging this, your employer is not allowed to make deductions without your consent but if it’s to correct an overpayment then they can.
Apparently his best mate was a top London lawyer and he’d told him so I must have been wrong.They cannot take it out of your bank account without asking your permission to debit, which you might well say “No” to. They CAN of course dock it from your next wages - without asking.
Correct.
Glen A9:
scanny77:
If you are out of duty time you are not allowed in a company vehicle at all which is the bit that I object to. Whether taxi or pool car, you are a passenger so what difference does it make?If you travelling back to base as a passenger in a vehicle then you have not started a daily rest. It is the lack of sufficient daily within 24 hours of starting the shift that is the infringement being committed.
The best way to deal with such a situation if it arises is to send two members of staff out, one to take the lorry back and the other to take the driver back. Then the driver should do a manual record for the time he was travelling back to the depot and write an explanation of what happened.
Whilst it is still an offence, providing it is a one-off incident, has an explanation recorded and was due to unforeseen circumstances then DVSA aren’t going to do anything about it.
It’s the same as going over 4h30 driving due to being stuck in traffic, provided it only happens rarely, you record what happened and it was genuinely unforeseen then DVSA aren’t going to prosecute.Leaving a driver at the side of the road doesn’t help unless they are putting him in a hotel for the night, as that is the only way he can start his daily rest at that point. Even getting a bus back to the depot to collect his car would still be working.
The law appears to be saying that its perfectly acceptable to stand on the pavement for 9 hours then travel to your place of work using whatever means of transport is available (logging it as crossed hammers) but its not ok to travel for 15 minutes as a passenger to reach your car and home for however long which may well be 11 hours.
I understand the theory of not allowing planners to run drivers to effectively 15+ hours but in practice things go wrong and nobody wants to do an explanation if they can avoid it. In reality you are going to get back to your car one way or another so how can it make sense to spend longer making your own arrangements instead of hitching a lift in the company vehicle? The end result will be the same so the only question is the method of transportation (excluding dropping the trailer and keeping the unit for a night out. Different mate, different site, was told to night out in a day cab rigid so he parked up and got a train back to hand the keys in and go home).
scanny77:
but its not ok to travel for 15 minutes as a passenger to reach your car and home for however long which may well be 11 hours.
But providing you aren’t making a habit of it DVSA aren’t going to prosecute.
As for being stick out in a day cab, I would be stopping at a hotel and getting the money back.
scanny77:
Sorry to ■■■■ on your party, but if you have not run out on Working Time then this actually can work.
If you have run out of driving time you can drive the non tacho vehicle as working time. If you are out of duty time you are not allowed in a company vehicle at all which is the bit that I object to. Whether taxi or pool car, you are a passenger so what difference does it make?
[/quote]
As long as you are not underinstruction from your employer you can do wtf you like, if you run out od Working time, 5 mins from home, your saying you wouldn’t ring the misses up “come pick my up love i’m XYZ im leaving the truck”, or ring a cab save the walk home… With regards to company vehicle, if you;ve pulled you card, at 15hours, and we see joe blogs driving passed, and your house is on the way back to the depot, he pulls over and offers you a lift you say no? get a grip mate
With all your arguing back and forth about can you/cant you with regards to getting a lift back in a company van or shock horror driving it back yourself, theres one part of the equation none of you have taken into consideration -
Whats the chances of getting caught?
Since the answer is “next to no chance”, grow a pair and get in the van
scanny77:
Santa:
If you run out of hours on your way back to base, they can send someone out in a van to take the lorry back while you drive home in the van, so long as you don’t get paid for the time.I couple of years ago a mate ran out of hours so they sent a pool car out with a driver in the passenger seat. He brought the truck back and the office bod brought the car back. My mate was left at the side of the road because both were company vehicles. While they were technically right to point this out, it shows what an arse they made of it when the law was written
What he should have done, was insisted upon getting into the car, and then going straight to sleep on the back seat. You can’t be argued to be “on duty” if you’re asleep, AND not driving AND it’s not the company vehicle issued to you eh? 
If our drivers run out of shift hours, the company instruction is that we are not allowed to send anyone out to recover them.
A few of our day drivers have some sense and carry a bag with essentials for a night out in case the worst happens…the majority seem to think that we are joking and will go out and get them…or give the big “i’ll just pull the card and drive back anyway”…
Very rare for it to happen but not unheard of. Never forget the drivers silence on the other end of the phone when I had to tell them that the answer to their question “who’s coming out to get me…” was " no one, have nine off and see you tomorrow ".
Winseer wrote:
mick.mh2racing wrote:
If by some mistake your employer over pays you then it’s illegal for them to take that money back. It must be true because I heard it in a driver’s waiting room.
I made the mistake of challenging this, your employer is not allowed to make deductions without your consent but if it’s to correct an overpayment then they can.
Apparently his best mate was a top London lawyer and he’d told him so I must have been wrong.They cannot take it out of your bank account without asking your permission to debit, which you might well say “No” to. They CAN of course dock it from your next wages - without asking.
Correct
.
not quite correct if I remember rightly. They are not allowed to take so much money from your wage in one lump, so that you are left with no/little money.
Can’t remember what the amount is but they certainly cannot take eg £499 out of a £500 wage.
Glen A9:
scanny77:
If you are out of duty time you are not allowed in a company vehicle at all which is the bit that I object to. Whether taxi or pool car, you are a passenger so what difference does it make?If you travelling back to base as a passenger in a vehicle then you have not started a daily rest. It is the lack of sufficient daily within 24 hours of starting the shift that is the infringement being committed.
Indeed, and there is now clear law that time spent travelling to and from a temporary workplace (either from home or from a permanent place of work) is working time and should be recorded as “other work” (if not counted as driving).
Of course, if it becomes necessary to break the rules in order to complete a day journey, then how it is recorded is besides the point, and the real question is whether work is being planned in an achievable and sustainable way.
The best way to deal with such a situation if it arises is to send two members of staff out, one to take the lorry back and the other to take the driver back. Then the driver should do a manual record for the time he was travelling back to the depot and write an explanation of what happened.
Whilst it is still an offence, providing it is a one-off incident, has an explanation recorded and was due to unforeseen circumstances then DVSA aren’t going to do anything about it.
It’s the same as going over 4h30 driving due to being stuck in traffic, provided it only happens rarely, you record what happened and it was genuinely unforeseen then DVSA aren’t going to prosecute.Leaving a driver at the side of the road doesn’t help unless they are putting him in a hotel for the night, as that is the only way he can start his daily rest at that point. Even getting a bus back to the depot to collect his car would still be working.
Indeed. More fool that driver.
An employer can’t legally deduct any money from wages. They rely on drivers being thick enough to stomach it. You won’t realise it’s illegal until you work fora decent company that asks you to sign an authorisation form, to deduct monies for phone bills etc