How dodgy is my agency? (Long story)

Hello,

Sorry for the long story but it kinda helps explain how I accumulated my working time

I went out for my first job on Friday, i had the job of driving a 7.5 tonner from Durham making a drop at Birmingham then at stoke-on-tent and then drive back. 420ish mile round trip(8 am start)

I was not meant to be the driver of this truck, the first agency driver who went there apparently walked off, and it sounded like my agency where begging me to come and drive it. When I got to the job I started nearly 2 hours later then what the paper work said. I quickly set about shoving my digi card in making sure that all the details on that where correct then checked the truck over. I discover that the truck had 1/3 of a tank of diesel and low add blue. I asked at the office what the filling procedure was, they gave me a shell fuel card, and said “just fill it up as many times as it is needed”. I did not quite understand the full scope of what they meant by this, I thought that i should easily make it down on a tank and then most the way back.

So i jumped in the truck and use google maps on my phone to find the nearest fuel station, due to it being a requirement to have add blue in the tank and all that. I left the yard at 8:30 and got to the first fuel shell fuel station on the A1 at about 9:35 . I filled the diesel tank up, but when it came to the add blue tank, there was many issues. The pump would just click, as if the tank was full when the trigger is pulled, I went inside and asked for some help and was assisted. The assistant said the tank would not fill unless the pump detect a magnet that should be in the tank. Any way we trickled about 10 litres in to the tank, which I thought should have been enough. I left the garage at about 9:50 as it had taken taken so long to fill the add blue.

I then drove down the A1 till about 11:33, the over head signs said that there was some lanes closed and it was stand still traffic not moving at all. the traffic started to move slowly at 10:39, this allowed me to get on to a service station slip road and have a break at 11:45. This break lasted till 12:34 when the traffic was moving again. I then proceeded to drive right till 3pm to get to my first drop slight above Birmingham. I helped unload so it was left in other work for this duration. I left at 3:30pm, at this point the truck was in desperate need for fuel again, the add blue warning was on and there was 1/4 of a tank again.

I drove till 4pm when i reached a small shell garage in the centre of Stafford. I filled the tank right up with 60 litres, and lucky the sold 10 litre bottles of add blue which made fill that up so much easier. I left that garage at 4:10pm and arrived at the final drop at 4:50pm. This company had many hands, so I told them I need a break which they where happy with. At 5:20 I had to turn the truck around so they could get the stuff off the other side. By 5:30 I was back on break till 6:35. But at 5:30 I phone my agency up. I told them that I don’t think i have enough drive time to get back. It was only a secretory on the phone, and she said she would phone the boss. She phone me back and said “You can drive the full 15 hours duty time”. I told her no you can not, I can only drive 9 hours extended to 10 hours twice a week. She said “Ok, i am not really that sure on drivers hours. I will get the boss to phone you back” I waited and waited till 6:35, and I could not wait any longer in fear that I might run out of working time.

At 6:35 I stared to drive and at about 6:50 I got a call from the agency, which i had to take over loud speaker as i don’t have a hands free yet. But the Boss said to me, “you have not done any other driving recently, you can drive for 15 hours in one shift.” I asked him how?, he replied something along the lines of, “you can take the daily rest for the first hours from before your driving, and the second lot of rest from the hours after. One of the other lads the other week had this same problem (I think it was the lad who walked out eariler)”. At this point I got extremely confused, trying to navigate a area I had never been, whilst being a bit tired and confused by this information. I replied along the lines of “I am not to sure if you can do that, but i will try to make up for lost time so i don’t go over my limit”. He then proceeded to talk for another 5 minute reinforcing his argument and then said I have done it many times before. At this point I was sick of him so I said “I have to go, I am up to a tricky junction” and he hung up. At this point I think i was on the m62, what ever road it was, was concrete with a really bad road surface, but there was no junction in sight. I got back to the A1 and started heading north.

After some distance the over head signs started to say that the A1 was closed after the a6055 junction. At this point i was rather, lets say distressed, as i never knew about this road closer until now. I went to look at my drive time at about this point, and got really confused. It just said something like 1:30. This could not possibly be right, unfortunately, I did not have any exact record of how long I had been driving before this point, and i had not bothered to work it out from my paper notes before this point. I knew driven for at least 5:30 hours before this point. Any way I did not have time to stop and work it out as i was running out of working time directive. It must have been about 8pm by now and i could only work till 11:00. I frantically tried to ask SIRI (Apples Iphone assitant) where the a6055 was, but it would just return useless maps which I could not see where the junction was.

I Told Siri to open google maps and put up a route to Durham, this was my only option, as i was fast running out of time. I must have passed 60 miles of over head signs saying that the road was closed, before reaching the road closer. google maps tried to direct me on the the A6055 itself, i could see car going on to that road which runs parallel to the A1, but when i went across the roundabout, some barriers had been pulled across. Trucks coming off the A1 started to slow and pull to the side, as if they where looking for alternative routes. Google maps quickly gave me a alternative route, it was my only hope of getting the truck back and stay within working time and driving time. At this point fuel enconomey could not be given a care about, it was pedal to the medal as this could push me over the limit. The route which it had provided was country lanes, all national speed limit. So as you can probably guess I stuck to exactly 50 down all the roads. I was going to make it, till i got to a T junction the map wanted me to go right but that was closed, the only way to go was left. The map quickly rerouted me, down even tighter roads. It was unsafe to reach 50 on these roads and caused somewhat of a delay. This diversion brought m out by Catterick, where the A1 was open again. I got back on and left the google maps on.

I was about 10 before Bishop Auckland and the overhead signs said 1 hour delays. At this point I knew i was done for. Google maps came up with a faster route which would take 20 minutes more then the A1 route no delays but 40 minutes less then the A1. I jumped on this route and I saw the clock ticking towards 11pm, at 10:56, I saw a lay by, pulled in and phone my agency once again. I told them I am out of working time and probably driving time, it was the sectary again and she said she would phone the boss once again. I ensured that my card was in break at this point so that I did not brake the WTD . I started to count up the driving time i had recorded on sheets of paper a and it totalled 10:40 minute, i was very unhappy about this. I know that this is more then the maximum allowed under the rules.

The Boss phone me back and said “whats wrong now”. I explained to him that i am out of working time, I am out of driving time and I am parked in a place where i cant leave the truck. (After i parked up i got out to stretch my legs and there was a sign saying police authorities only). He gave me 2 options stay the night, he said you only need 6 hours rest. This again seemed like a massive lie as the minimum daily rest period is 9 hours reduced twice between 2 weekly rest periods. I asked him why is was only 6 hours he mumbled some stuff which was inaudible. But after writing this, this seems to contradict what he said before, of that the break is taken from after the driving as well. The other option he gave me was drive it back. I explained to him in detail that I am in a place where i cant park the truck, and i don’t know where to park it near by. I then told him i can not take a daily rest in a day cab as the legislation say a bed is required, then he told me that in my situation just drive it back as i was only 20 minutes away. I then told him again that i am over my drive time, and he said there is nothing he could do. At this point i just started agreeing with him just to make him go away.

At this point I sat and thought for about 10 minutes which is going to be the lesser of 2 evils. Staying in a bay marked police only, in a vehicle which I am not allowed to have a daily rest in, so even when driving in the morning (i would have waited at least 9 hours, at this point i had enough of his lies) or drive back 20 minute be at about 11 hours of driving and 16:20 of duty as i have been waiting for nearly a hour on the phone. The only option I have as the agency Boss would not help me was drive back. i got back at 24:05.

I took a printout of the day and wrote on the back, unexpected roadworks, unable to take daily rest, unable to get relief driver to finish job. unfortunately, lost that printout either and did not notice till i got home

Total times

11:05 minute driving
16:25 minute of duty

During the day the agency gave me some more work driving some Vans. I am going to do that work, make sure i get paid and leave.

I might have a “accident” with my tacho card before i start driving again, as I am very annoyed with the with the duration over the max time i have. It would not be worth the risk if i get pulled over and card check, (it could be a while before i drive large vehicles again due to my age being fairly low) I believe i could be subject to £400 in fines. If i have a “accident” before then, the agency wont have a copy of my driving hours and any future employers wont have the recorded time either. The only place which it is recorded will be in the vehicle. But i don’t believe it is that common for VU to be check.

When virtually out of hours - you must have known it was getting close - you should have parked up in the first safe legal parking place (with accommodation if you needed it) then the company would have legally had to pay for it

You are allowed a minimum 9 hours daily rest THREE times between weekly rest

Typical agency stuff the drivers get maximum coin out of it.
Name and shame the agency fella if only to stop someone else getting done.sounds like a mare of a day tbh but Fair play for sticking at it some would have bailed on it and got the train home.

Without going into the rights and wrongs which you seem to know for yourself, you were caught between a rock and a hard place. You did pretty much what I would have done myself being only 20 mins away. What I would do is do 2 printouts, one to keep, one to hand in. I would write on the back the date of the offense and “driver was ill, needed to exceed drivers hours in order to get back to base for medical attention” and I would get an appointment logged with the gp asap.

You have to move on and learn from the experience. Road closures are a fact of life. If you can’t make the trip in your hours and you don’t have a sleeper then it’s time to start looking for hotels, there really is not much else you can do. If you really need to exceed your hours then you need a bloody good reason, but what’s done is done and you can’t turn the clock back and put it right, so you need a way to cover yourself. Just don’t make a habit of it and plan better. Agencies are crap, don’t expect any help from them. There is no excuse for what the boss told you about hours, he is either woefully ignorant or was trying it on, I tend to believe the latter. You have learned a valuable lesson and as no kittens were harmed, move on and get back in the driving seat.

Daytrunker:
Typical agency stuff the drivers get maximum coin out of it.
Name and shame the agency fella if only to stop someone else getting done.sounds like a mare of a day tbh but Fair play for sticking at it some would have bailed on it and got the train home.

I will name and shame the agency once i have been paid which should be on Wednesday, hate being in their bad books if the pay is not correct

Thomas-samoht:

Daytrunker:
Typical agency stuff the drivers get maximum coin out of it.
Name and shame the agency fella if only to stop someone else getting done.sounds like a mare of a day tbh but Fair play for sticking at it some would have bailed on it and got the train home.

I will name and shame the agency once i have been paid which should be on Wednesday, hate being in their bad books if the pay is not correct

Fair play get paid first sorry.

While I agree that you should name and shame the agency for a warning to others, what you have experienced is just typical agency behaviour, most are the same… clueless. Hardly any knowledge of driving hours and when you ring them, you get a young kid so eager to pass the buck.

Your T-M on the other hand… should have known better and obviously was trying it on as he knew you were a newbie and he just wanted the work done ■■■■ the driver, can always get another. He is the one to name and shame. I doubt his older drivers drive 15 hour shifts and if they do, the company needs closing down quick smart.

That was a horrendous day.

Really feel for you mate, sounds like nothing went your way right from that adblue pump not working right onwards.

I have a newbie question for the more experienced here. It seems op just called his agency regarding his drive time etc. In such a situation would he have gotten any better help if he’d given the company who’s truck he was driving a bell?

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IronEddie:
Really feel for you mate, sounds like nothing went your way right from that adblue pump not working right onwards.

I have a newbie question for the more experienced here. It seems op just called his agency regarding his drive time etc. In such a situation would he have gotten any better help if he’d given the company who’s truck he was driving a bell?

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Eddie a call to the company would have been better,the agency are just sharks putting bums on seats,after all its the company’s truck and the companys ass if the driver gets stopped and found to be over hours.The agency can’t make you go over your hours no 1 can.
If you ring the company your working for and tell them your not making it back its their call what to do ie hotel for the night or get collected (long shot but might need truck back).
Used to work for Brakes in tamworth sent an agency bod out on a run got lost out in the sticks by Stratford jacked the day parked up in a country layby chucked keys down a drain got train back took them a week to find the truck lol.fair play to the OP for sticking at it.

Daytrunker:

IronEddie:
Really feel for you mate, sounds like nothing went your way right from that adblue pump not working right onwards.

I have a newbie question for the more experienced here. It seems op just called his agency regarding his drive time etc. In such a situation would he have gotten any better help if he’d given the company who’s truck he was driving a bell?

Sent from my E6653 using Tapatalk

Eddie a call to the company would have been better,the agency are just sharks putting bums on seats,after all its the company’s truck and the companys ■■■ if the driver gets stopped and found to be over hours.The agency can’t make you go over your hours no 1 can.
If you ring the company your working for and tell them your not making it back its their call what to do ie hotel for the night or get collected (long shot but might need truck back).
Used to work for Brakes in tamworth sent an agency bod out on a run got lost out in the sticks by Stratford jacked the day parked up in a country layby chucked keys down a drain got train back took them a week to find the truck lol.fair play to the OP for sticking at it.

Yeah that’s my thought it’s their vehicle so maybe have more interested in getting driver/truck back.

As for brakes they deliver for my current job. Have met more than one agency driver who looked ready to give up, especially after trying to get onto our loading bay! If your familiar with hof in Birmingham city centre you’ll appreciate why.

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Mate that sounds like an absolute nightmare of a day, you already know the rest breaks and driving hours laws but because you got shafted by a scummy agency your paying the price! I hate agency’s with a passion they are parasites leeching of hourly rates, even the LTD company side is being squeezed. I’m currently on agency just about to go into DpDd but I’m applying for as many perm jobs as poss just for the reason you have found out. Supermarket works boring but at least it’s fairly easy and as a company driver you do get looked after better. No lying agency director! It’s a tough one but I’d have done the same as you just a shame it’s on your tacho for a while.the thing is newbies (me included) know the regs but foolishly hope to believe what our employer is advising us! To be fair If you get on direct for a supermarket they ain’t that bad.