Unsure of legalitys

So last night i done i night out at our depot… probably like some of you but… another driver has told me that i have broke the law by staying in the depot and reducing my rest to 10h and claiming for a night away…

Does anybody know if this is correct? I was trying to find the info on the Gov page but cant find anything on it anywhere…

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You can reduce to 9 if you want but legally, you shouldn’t be claiming a night out if stopping in the yard. You’re a very…naughty…boy! Who’s gonna tell? :wink:

TiredAndEmotional:
You can reduce to 9 if you want but legally, you shouldn’t be claiming a night out if stopping in the yard. You’re a very…naughty…boy! Who’s gonna tell? :wink:

Can i ask why i cant claim a night away… stopping in depot if… gaffa knows about it and is not bothered. The way i see it is that i am not going home so…

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He’s talking out his arse. There is nothing at all anywhere which says you cannot take a reduced daily rest at base and nothing that says you can’t sleep in your wagon when you do. The only thing stated about nighting out is that the sleeping facilities must be adequate, i.e you can’t sleep across the seats of a day cab.

The only issue you may have is claiming for a night out when at base but that is between your employer and you to sort out.

Oconn87:
Can i ask why i cant claim a night away… stopping in depot if… gaffa knows about it and is not bothered. The way i see it is that i am not going home so…

If the gaffer has OK’d it then all is good in the world, claim away. Normally because you can go home as you’re back at base and it is reasonably expected you would and the only reason you haven’t is because you’ve made the choice not to at most employers not be able to.

Conor:
He’s talking out his arse. There is nothing at all anywhere which says you cannot take a reduced daily rest at base and nothing that says you can’t sleep in your wagon when you do. The only thing stated about nighting out is that the sleeping facilities must be adequate, i.e you can’t sleep across the seats of a day cab.

The only issue you may have is claiming for a night out when at base but that is between your employer and you to sort out.

He’s not talking out his arse you ■■■■■ I only mentioned CLAIMING night out was so-so! He can stay in the yard legally as long as he likes. Put your ■■■■■■■ gregories on you daft old ■■■■■

Oconn87:

TiredAndEmotional:
You can reduce to 9 if you want but legally, you shouldn’t be claiming a night out if stopping in the yard. You’re a very…naughty…boy! Who’s gonna tell? :wink:

Can i ask why i cant claim a night away… stopping in depot if… gaffa knows about it and is not bothered. The way i see it is that i am not going home so…

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It’s a tax free substance for being away from depot.
The tax man could construed it’s a bonus payment or to encourage drivers to stay in the yard acting as night security and therefore tax deductible.

Conor:

Oconn87:
Can i ask why i cant claim a night away… stopping in depot if… gaffa knows about it and is not bothered. The way i see it is that i am not going home so…

Because you can go home and it is reasonably expected you would and the only reason you haven’t is because you’ve made the choice not to, not because it wouldn’t be reasonable to. Night out money is supposed to be paid when you’re not at base because you can’t reasonably be expected to be able to go home.

I should mention he asked me would i reduce and i obliged because we needed to get a delivery on time. So i nighted out. Do you think that would be adeqete for hmrc haha.

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Conor:
He’s talking out his arse. There is nothing at all anywhere which says you cannot take a reduced daily rest at base and nothing that says you can’t sleep in your wagon when you do. The only thing stated about nighting out is that the sleeping facilities must be adequate, i.e you can’t sleep across the seats of a day cab.

The only issue you may have is claiming for a night out when at base but that is between your employer and you to sort out.

And what did I say dozy bollox?

You will be put forward for crucifixion, the head centurion will vist you in the night.

Basically this is a waste of time worrying about, just take the cash,and move on.

biggriffin:
You will be put forward for crucifixion, the head centurion will vist you in the night.

Basically this is a waste of time worrying about, just take the cash,and move on.

I am under the assumption they are going to ask again and again… would you just keep taking the cash and carrying on. Sorry am being a tawt but see what other people would do…

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Take the money and keep quiet about it.

Oconn87:

biggriffin:
You will be put forward for crucifixion, the head centurion will vist you in the night.

Basically this is a waste of time worrying about, just take the cash,and move on.

I am under the assumption they are going to ask again and again… would you just keep taking the cash and carrying on. Sorry am being a tawt but see what other people would do…

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2 choices mate…

Take the cash as you say.

Or

Say, ‘‘It aint fair on you boss paying me a night out in the yard, take it back and I’ll stay here for nowt’’

Give me half a second till I decide which option I would take. :bulb:

nick2008:

Oconn87:

TiredAndEmotional:
You can reduce to 9 if you want but legally, you shouldn’t be claiming a night out if stopping in the yard. You’re a very…naughty…boy! Who’s gonna tell? :wink:

Can i ask why i cant claim a night away… stopping in depot if… gaffa knows about it and is not bothered. The way i see it is that i am not going home so…

Sent from my SM-G930F using Tapatalk

It’s a tax free substance for being away from depot.
The tax man could construed it’s a bonus payment or to encourage drivers to stay in the yard acting as night security and therefore tax deductible.

.

It’s I think, gets ready to be proved wrong…

A payment for being away from your Home(house) to cover your expenses for washing and eating.

Spent plenty of nights in the yard and took the night out money. Guess what? I’m not in jail.
Take a reduced rest, take the money, don’t advertise it on the internet and tell your colleague to mind his own business.

Crack on driver you’ve not broken any laws. Your night out allowance is to cover any expenses due to being away from home, and you spent the night away from home.

Wincanton brick & block drivers have a deal with management that they will not reduce daily rest if back at base but will reduce if nighting out in the truck so you often see them parked outside the local depot as the management have asked them to reduce to get an extra load or timed delivery done the next day.

Oconn87:
.,another driver has told me that i have broke the law by staying in the depot and reducing my rest to 10h and claiming for a night away…

The best thing you could do would be to tell the other driver to mind his own business.

The industry has always been full of idiots who are more interested in what other people are doing than what concerns them. They are best given a very wide berth.

Too much worrying over nothing, if the boss has ok’d it whats to worry about. As neither you or the boss is going to inform the tax man just take the money…

AndrewG:
Too much worrying over nothing, if the boss has ok’d it whats to worry about. As neither you or the boss is going to inform the tax man just take the money…

I think i have made my decision… funtime friday tomorrow party on corley if anyone wants to join haha night out where ever and take the money! Cheers folks

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AndrewG:
Too much worrying over nothing, if the boss has ok’d it whats to worry about. As neither you or the boss is going to inform the tax man just take the money…

Exactly this, baffles me why people get worried over stuff like this. Other driver is obviously a balloon who talks guff, anyway its a night away from home so it’s night out money to you. Unless you work for someone like Jenkinson, so I’m told.