Hopefully we will see more of it, might wake some one up, instead of playing pass the parcle, we dont want them here shut the laybys and any were they might be able to park, and send em up the road, not our problem now
Concretejim:
Cant see hes causing much of a problem.Is it not illegal to park on curbs regardless of weight?
Absolutely! A pet hate of mine. Why?
Well since when has a pavement been built to withstand a 44 ton truck on it? What most (all?) on here don’t realise is that it is the potential damage to the hidden services that is the problem (water, gas, telecoms, electric). There is also inconvenience to pedestrians and the less mobile (wheelchair users, people with buggies, prams and the like).
Roads are for vehicles, pavements for people - simples.
Roymondo:
Simon:
Aye, the law is that we have to be lit up overnight if we are parked on the road.
That’s why you can’t overnight in a ‘wide bit of road type layby’. Well you can if you’re lit up, and desperate for somewhere to park. You can park overnight in a layby separated from the carriageway, without lights, by the way. You should also be ok without lights in a residential street, anywhere a parked up vehicle can reasonably be expected to be.
It doesn’t have to be the full set of side lights either, a white marker light on the front outside corner and a red on the rear outside corner is all you need. So a pair of battery powered bicycle led lights would do the job.That’s simply not what the law says at all. The requirement is that all legally required position lamps be lit - so that means both sides and also means you cannot use cycle lamps etc. The exemption when parked on a restricted road (i.e. one with a 30mph limit because of its street lighting) does not apply to a goods vehicle with laden weight over 2.5T
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I don’t know the law Ray but don’t most German made cars allow you switch on parking lights on one side only when parked?
I have ocassionally seen council contractors pop marker lights on small machinery overnight too so I wonder if Simon might be on the money here?
truckyboy:
That is a fridge trailer, and not suitable for weekending in that place, near houses, and residential…if the fridge is running…so he is liable for a £300 ticket…his choice though.
And where in law is that stated
Far too much summising and law debating going on in this thread. The roads wide enough, he doesnt seem to be blocking anyones drive or causing an obstruction in anyway. If this was a UK reg truck i doubt it would even be mentioned. Just more EE bashing 
Sand Fisher:
Concretejim:
Cant see hes causing much of a problem.Is it not illegal to park on curbs regardless of weight?
Absolutely! A pet hate of mine. Why?
Well since when has a pavement been built to withstand a 44 ton truck on it? What most (all?) on here don’t realise is that it is the potential damage to the hidden services that is the problem (water, gas, telecoms, electric). There is also inconvenience to pedestrians and the less mobile (wheelchair users, people with buggies, prams and the like).
Roads are for vehicles, pavements for people - simples.
it might not be loaded so it might not be 44 ton
A partially sighted…
Resident in our village managed to walk into a pavement parked HGV.
It made a right mess of his face and put him over on his arse.
Should someone be killed after colliding with the unlit vehicle then the Police will be considering charges for causing death by dangerous driving. IIRC the Czech driver in the M20 slip road incident a couple of years ago was not ultimately charged with that in court.
Edit: found report. Charged but acquitted.
If you are asleep in bed how can you be charged with dangerous driving?
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Wheel Nut:
If you are asleep in bed how can you be charged with dangerous driving?Sent from my iPhone using Tapatalk[u/quote]
The A.I.M. driver on the M1 has managed…
You are talking about a lorry stopped in a live lane, the post is about taking a weekly rest in a residential street, (outside your house) at your mothers or outside your girlfriends house))
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Wheel Nut:
You are talking about a lorry stopped in a live lane, the post is about taking a weekly rest in a residential street, (outside your house) at your mothers or outside your girlfriends house))Sent from my iPhone using Tapatalk
You asked
byWheel Nut » Tue Nov 14, 2017 11:05 am
If you are asleep in bed how can you be charged with dangerous driving?
Here you go nick…its a european law, thats been in force for a few years, BUT has only recently started to be implemented across europe, of course the UK has to apply these rules itself, but prefers a more lenient way to tackle this and its gonna be via a penalty system of £300 fines for contravention…many vehicles have already started issuing fines across kent, but will be enforced across the whole of the uk. where it differs here is drivers will not be forced into a hotel ( as there are not many hotels around to allow a driver to park his truck is there ) and according to the paper i read, drivers cannot park where there are no facilities, or in or around residential areas…hers a little read for you to be getting on with: The issue of cab breaks has become fraught with controversy following a recent European Court of Justice (ECJ) finding that drivers’ long rest periods should not be taken in their cabs.
Some EU countries are strongly enforcing this interpretation of the rules and imposing heavy fines. Others, including the UK, are not enforcing the weekend cab break ban, although that is set to change.
Hauliers have mixed feelings about the interpretation. Some operators are concerned at the additional costs of providing driver accommodation on long-haul journeys, while others welcome it as a way to curb the rising number of foreign drivers working extended periods in the UK and undercutting the domestic market.
So what are the rules, how will they be enforced and what do hauliers need to do to meet the regulations, both at home and abroad?
Article 8(6) and 8(8) of EU Regulation 561/2006, introduced in 2007, provides that:
in any two consecutive weeks, a driver shall take at least two regular weekly rest periods or one regular weekly rest period and one reduced weekly rest period of at least 24 hours;
however, the reduction shall be compensated by an equivalent period of rest taken en bloc before the end of the third week following the week in question. A weekly rest period shall start no later than the end of six 24-hour periods from the end of the previous weekly rest period;
where a driver chooses to do this, daily rest periods and reduced weekly rest periods away from base may be taken in a vehicle, if it has suitable sleeping facilities for each driver and the vehicle is stationary.
Recent clarification
The ECJ clarified the rules in February following a dispute between a Belgian haulier and the Belgium authorities. The dispute centred around the way Belgian law interprets these rules to mean that a regular weekly rest period cannot be taken inside a vehicle.
The ECJ advocate general Evgeni Tanchev proposed that Articles 8(6) and 8(8) are to be interpreted as meaning drivers can take their daily rest periods and reduced weekly rest periods in their vehicles, but not their longer regular weekly rest breaks.
He said if the EU legislation intended to cover regular weekly rest periods, as well as reduced weekly rest periods, in Article 8(8), it would have used the term ‘weekly rest period’ to encapsulate both.
Although this is a legal opinion and not a ruling, the ECJ is expected to follow.
EU Mobility Package proposals
The advocate general’s opinion was given unequivocal backing in May this year in the EU Mobility Package proposals on road transport. It proposed that the regulations on drivers’ hours be amended to remove any ambiguity by adding the following:
Regular weekly rest, and any rest period of more than 45 hours, is not to be taken in the vehicle but in suitable accommodation, with adequate sleeping and sanitary facilities;
suitable accommodation must be provided or paid for by the employer, or taken at home or another private location chosen by the driver;
at least one weekly rest or compensation rest in four weeks must be taken at home.
How will the ruling be enforced in the UK?
In Belgium and France, hauliers contravening these rules already face stiff penalties of more than €1,800 (£1,637), but the UK appears to be planning something more lenient.
In response to a written parliamentary question in March, former transport secretary Lord Ahmad said: “The EU drivers’ hours regulations allow HGV drivers to take a daily rest or a reduced weekly rest in their vehicle, provided the vehicle is stationary and is fitted with suitable sleeping facilities.
“However, the regulations do not allow a regular weekly rest period of 45 hours to be taken in the vehicle. Subject to stakeholder views, the DVSA will be enforcing this through a £300 fixed penalty notice/financial penalty deposit.”
In the same month, the DVSA stated for the first time – in its simplified guidance on drivers’ hours – that drivers “cannot take a regular weekly rest period” in their vehicles. But five months on it has yet to start imposing fines.
A spokeswoman told CM: “The DfT has consulted with the industry on plans for the DVSA to start enforcing EU rules, via a fixed penalty of £300, for drivers who regularly take their weekly break in their vehicles. The outcome of this will be announced in due course.”
What the experts say
Tim Ridyard, road transport lawyer at Ashtons Legal, said: “There has been an influx of foreign drivers working for UK businesses in the UK. It is not unusual for a foreign driver to spend weeks in the UK, away from their homes in other EU states, sleeping at weekends in their cabs – often at an operating centre – before departing the UK for an extended rest period.”
Ridyard said one of the purposes of the EU Mobility’s proposals on cab breaks “is to tackle the problem of non-domestic drivers away from base for prolonged periods”. He added: “It touches on questions of fair competition, driver welfare and local wages.”
Ridyard also questioned the DVSA’s ability to enforce the rules. “It intends to introduce more formal action in the future. However, there will be a practical issue – how can the location of where the driver rested be proven from the drivers’ hours records alone?”
Rothera Sharp road transport solicitor Laura Newton said driver welfare was important. “Of course, no one wants drivers having insufficient rest by sleeping on a cab seat and parking in inappropriate places to save money for their employer.
But the legislation does not acknowledge that in many modern vehicles, the facilities would be as sufficient as any hotel, and perhaps more comfortable for the driver. There is not an abundance of hotel facilities with truck parking, let alone protected truck parking.”
James Firth, head of licensing policy and compliance information at the FTA, said it is lobbying for a derogation of the rules for entertainment industry operators, which have invested heavily in vehicles with state-of-the-art sleeping accommodation.
Firth said: “We’re pursuing an exemption for these operators, but in terms of the law itself, what is its aim? It’s done under the
auspices of road safety, but in reality it’s about competition. If a driver is visiting another state and staying for an extended period of time doing domestic work, it’s illegal and the penalty should be enforced.”
RHA deputy policy director Duncan Buchanan said the DVSA needed to “get on” with enforcing the regulations. “However we want drivers to be able to take those breaks in their vehicles in a recognised parking area with full facilities so they can take a proper rest, rather than in hotels.
This is a national problem, particularly around ports, and it isn’t helped by the severe lack of recognised parking places in the UK.”
Hurryup&wait:
I don’t know the law Ray but don’t most German made cars allow you switch on parking lights on one side only when parked?
It’s probably legal to park with only half the lights on in some countries (e.g. Germany for all I know), but it’s not here in the UK.
I have ocassionally seen council contractors pop marker lights on small machinery overnight too so I wonder if Simon might be on the money here?
Section 24 Road Vehicle Lighting Regulations 1989:
"24.—(1) Save as provided in paragraphs (5) and (9), no person shall–
(a)use, or cause or permit to be used, on a road any vehicle which is in motion–
(i)between sunset and sunrise, or
(ii)in seriously reduced visibility between sunrise and sunset; or
(b)allow to remain at rest, or cause or permit to be allowed to remain at rest, on a road any vehicle between sunset and sunrise
unless every front position lamp, rear position lamp, rear registration plate lamp, side marker lamp and end-outline marker lamp with which the vehicle is required by these Regulations to be fitted is kept lit and unobscured."
(Paragraphs 5 & 9 deal with the exemption on a restricted road for certain classes of vehicle - essentially small vans, cars and motorbikes, but NOT lorries)