Several years ago Im sure that reduced could only be taken away from base, not in the depot. Thats probably why this other driver was saying its illegal? Night Out Allowance can be paid tax free if youre away from base. If youre at base any payment would be liable to tax. It would be a bonus payment, not an Allowance against expenses. So long as you are on PAYE, and dont sign any false/fraudulent declarations, then its up to your employer to ensure the tax is paid, isnt it?
If you sign to say you were away from base, when you werent, thats clearly wrong.
Franglais:
Several years ago Im sure that reduced could only be taken away from base, not in the depot. Thats probably why this other driver was saying its illegal? Night Out Allowance can be paid tax free if youre away from base. If youre at base any payment would be liable to tax. It would be a bonus payment, not an Allowance against expenses. So long as you are on PAYE, and dont sign any false/fraudulent declarations, then its up to your employer to ensure the tax is paid, isnt it?
If you sign to say you were away from base, when you werent, thats clearly wrong.
He’s getting a couple of quid for being away from home, he’s not claiming a tax free house and 6 courses at the Ritz 
Is this all a joke I’m missing or do some on here actually go with the rules like this down to the letter? 
TheUncaringCowboy:
Franglais:
Several years ago Im sure that reduced could only be taken away from base, not in the depot. Thats probably why this other driver was saying its illegal? Night Out Allowance can be paid tax free if youre away from base. If youre at base any payment would be liable to tax. It would be a bonus payment, not an Allowance against expenses. So long as you are on PAYE, and dont sign any false/fraudulent declarations, then its up to your employer to ensure the tax is paid, isnt it?
If you sign to say you were away from base, when you werent, thats clearly wrong.He’s getting a couple of quid for being away from home, he’s not claiming a tax free house and 6 courses at the Ritz
Is this all a joke I’m missing or do some on here actually go with the rules like this down to the letter?
Oconn87:
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…
Thread Title is “Unsure of Legalities”
Seems to me the OP was asking what the rules were. Not asking whether it is OK to accept some cash from the boss for doing a bit extra.
Franglais:
Thread Title is “Unsure of Legalities”
Seems to me the OP was asking what the rules were. Not asking whether it is OK to accept some cash from the boss for doing a bit extra.
What I’m saying is it totally baffles me why people get worried about complete non events such as this to such an extent that they look up the rules.
TheUncaringCowboy:
Franglais:
Thread Title is “Unsure of Legalities”
Seems to me the OP was asking what the rules were. Not asking whether it is OK to accept some cash from the boss for doing a bit extra.What I’m saying is it totally baffles me why people get worried about complete non events such as this to such an extent that they look up the rules.
Maybe what an experienced driver regards as “non-events” and perfectly normal, is totally new to someone in the industry and in the workplace, for a few months or even weeks? Maybe that`s why they ask? No-one knows what is normal when they start.
Franglais:
Several years ago Im sure that reduced could only be taken away from base, not in the depot. Thats probably why this other driver was saying its illegal? Night Out Allowance can be paid tax free if youre away from base. If youre at base any payment would be liable to tax. It would be a bonus payment, not an Allowance against expenses. So long as you are on PAYE, and dont sign any false/fraudulent declarations, then its up to your employer to ensure the tax is paid, isnt it?
If you sign to say you were away from base, when you werent, thats clearly wrong.
Incorrect on both counts. There has never been any requirement in the Regs for reduced Daily Rests to only be allowed away from base. There used to be something about reduced Weekly Rest periods only when away from base, but that went years ago. HMRC rules on night out money make no mention of being away from base - only about being away from home (and also actually having to pay out for food etc).
To sum up - there is nothing wrong (from a legal POV) with nighting out for a reduced Rest in the yard and getting tax-free Night Out money for so doing. Period.
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Roymondo:
Franglais:
Several years ago Im sure that reduced could only be taken away from base, not in the depot. Thats probably why this other driver was saying its illegal? Night Out Allowance can be paid tax free if youre away from base. If youre at base any payment would be liable to tax. It would be a bonus payment, not an Allowance against expenses. So long as you are on PAYE, and dont sign any false/fraudulent declarations, then its up to your employer to ensure the tax is paid, isnt it?
If you sign to say you were away from base, when you werent, thats clearly wrong.Incorrect on both counts. There has never been any requirement in the Regs for reduced Daily Rests to only be allowed away from base. There used to be something about reduced Weekly Rest periods only when away from base, but that went years ago. HMRC rules on night out money make no mention of being away from base - only about being away from home (and also actually having to pay out for food etc).
To sum up - there is nothing wrong (from a legal POV) with nighting out for a reduced Rest in the yard and getting tax-free Night Out money for so doing. Period.
Sent from my Hudl 2 using Tapatalk
Im sure youre correct on the 24 being only valid when away from home base at one time. I seem to remember that the 9 hr daily rest was also only valid away from home base, but if thats a false memory, I stand corrected. Re Tax: Yes, the regs say "home", but isnt that referring to the driver`s home base? Not his/her actual house address?
EDIT. Here we are:
gov.uk/hmrc-internal-manual … l/nim05684
"As a general guideline, the employer must have evidence available to show that the employee
spent the night away from home and any permanent workplace,"
So I read that as saying the driver must be away from their home AND their home base. Since the OP was at home base, their “permanent workplace”, they are liable for tax.
I’m…
Unsure of legalitys.
But comfortable with legalities.
yourhavingalarf:
I’m…Unsure of legalitys.
But comfortable with legalities.
What if a single situation has its legalitys to be considered?
I`m unsure?
Franglais:
What if a single situation has its legalitys to be considered?
Point taken…
I’m going to hide behind the dictionary. 
legality
liːˈɡalɪti,lɪˈɡalɪti/
noun
the quality or state of being in accordance with the law.
“documentation testifying to the legality of the arms sale”
synonyms: lawfulness, legitimacy, legitimateness, licitness, validity, rightness, rightfulness, soundness, admissibility, admissibleness, permissibility, constitutionality; More
justice, fairness, justness, equity, properness
“provisions governing the legality of strikes and unions”
obligations imposed by law.
plural noun: legalities
“you need a solicitor to highlight the legalities of the contract”
Note the plural noun: legalities
We have a similar law here in the USA, we must take 10 hours off duty but it can be reduced to 8 hours in the sleeper followed by a 2 hour off duty break during the day, the elog will tell me when I need to take it by. It is illegal to take a sleeper break when my truck is outside my house but I can book 8 hours if the truck is parked a few miles away, I am however permitted to book a sleeper break in our terminal because I keep the truck at home at weekends. In fact I have started driving down to NYC on Sunday evenings in order to take an 8 hour sleeper break and start afresh on Monday, the coming week it helps me a great deal for instance, If I am in NYC by 8.30 pm and take an 8 hour sleeper break, I can then hook to my load for Allentown PA 7.00am delivery, drive to Fairless Hills PA and hook to my next trailer for Waterbury VT and drive until I need the 2 hour break, actually I will probably take the full 10 hours when the 2 hours are due, that is also allowed by law, so doing that I can get away with just the 8 hours.