Today, on return to the yard with 1 hour 45 mins remaining on my card; the boss told me to go and collect my container for tomorrow from the docks, which I refused to do as it is a 2 hour round trip IF there are no delays (43 - 48 mins driving each way then pootling round the docks); and I refused to go over my hours.
Now then, the boss said that the 20 minutes or so I spent earlier in a traffic Q on the M62 cos of an accident I could use again by writing the time to and from the jam on the reverse of the tacho, or by writing ‘returning to safe parking’ for the surplus 15 minutes or so there would be. I said I didn’t recall seeing that in the theory training I did, so would prefer to get up at 2.30 am than 4.30 for the sake of risking a fine.
What is the Trucknet Massive’s opinion?
T.i.A
Simon
Because you had returned to the Depot, the time spent on the Motorway in a hold up could not be used again, but, despite the fact the vehicle was stationary at times during the 20 min period, this could not be classed in anyway as other work, because you were sitting behind the wheel with the engine running and in a position to drive the vehicle, therefore it is driving time.
Your Boss has a legal duty to ensure that the task set for the driver can be completed in the time scale legally, so in effect, because it was going to take 15 minute or so, longer, that the actual driving time available, he would have been in the wrong sending you with the intentions of using earlier hold up time,
The moment you went into base was the moment you had reached secure parking, therefore to leave the secure parking you had to ensure you had the time available to carry out the task and the time to reach further parking.
So yes you did the right thing 
thanks mate, I feel a lot better now 
he once tried to tell me that you could count every stationary minute individually again if stuck in a traffic queue - some people really do take the mickey dont they?!
oh well, as soon as tomorrow is done with then my full time employment there is finished with
This is the problem now! 9 hours a day driving is not a target it is the maxinum allowed by law except for your twice weekly extension. There isnt any law says you must do 56mph on a motorway or 30mph in town.
It is surely the same with hours, Its not a target, you cant tell what is ahead and who knows if you get to felixstowe and join a queue how long it will take to load or get back to depot.
As Davey Driver has said the entitlement to drive over your hours due to unforseen circumstances on the road, not other places, is to give you time to reach a suitable place to stop. not to get a full 9 hours moving. Your Boss is really taking the **** maybe because you are newish to the job. Similar things were tried on me by my first boss, but he never asked again after I refused.
good to see you stand up and be counted.your dead right your boss was in the wrong.
Driving time is driving time and you cannot exceed 9 hrs or 10 twice per week - any boss who pressuries you to work excess hours should be shopped to the VI.
Stick to your guns - I believe if the tries to sack you for refusing to work you could have grounds to take him to court for unfare dismissal
thanks again - biker; today was my last day as I start a new job next week with Uniloads
This boss does the same with as many drivers as he can; not just the newbies - the worrying thing is that some of them listen to him, and so do break their hours… good riddance!
CBR, remember the old saying, they’ll flog a willing horse to death, especially a new one! If you get me drift. You did right, the blokes a [zb].
Mal.
I agree wholeheartedly, but it had to go.L.