I can’t help but wonder what happens when a driver is up against time and needs to take rest but is stuck in traffic on a motorway with no service station in sight. This must happen every day but what is the correct directive to follow in these situations?
PFIZ69:
I can’t help but wonder what happens when a driver is up against time and needs to take rest but is stuck in traffic on a motorway with no service station in sight. This must happen every day but what is the correct directive to follow in these situations?
Carry on until a safe place to park up then make a couple of printouts to explain why drivers hours have been exceeded - the normal daily rest must still be taken
PFIZ69:
I can’t help but wonder what happens when a driver is up against time and needs to take rest but is stuck in traffic on a motorway with no service station in sight. This must happen every day but what is the correct directive to follow in these situations?
This is covered under EU reg 561/2006. Under unforseen circumstances a driver may continue to a suitable stopping area. However, be wary that the circumstances must be unforseen and the driver may still be prosecuted if the DVSA thinks they didn’t do everything possible to prevent this. For example leaving a break to the last minute knowing that heavy traffic is likely or unavoidable.
PFIZ69:
I can’t help but wonder what happens when a driver is up against time and needs to take rest but is stuck in traffic on a motorway with no service station in sight. This must happen every day but what is the correct directive to follow in these situations?
Generally it’s your responsibility to have your breaks when or before you’re legally need to have them, typically a HGV driver will occasionally get stuck in a traffic jam that could not reasonably be expected, such as sudden road closures or road traffic accidents ec’t, in these situations you’re expected to have the required break as soon as you can find an appropriate and safe place to park.
This does not mean it’s OK to see how far you can get before having your break, you’re only legally allowed to not have the required breaks at or before the correct time if the circumstances are unavoidable and could not reasonably be foreseen.
If you were stuck on the motorway due to an accident ahead and were static for an hour or more, would you be able to use that period of time as a rest? Or do you have to be at a services or somewhere off the road?
Cptkimura:
If you were stuck on the motorway due to an accident ahead and were static for an hour or more, would you be able to use that period of time as a rest? Or do you have to be at a services or somewhere off the road?
Break yes - rest no IMO
ROG:
Cptkimura:
If you were stuck on the motorway due to an accident ahead and were static for an hour or more, would you be able to use that period of time as a rest? Or do you have to be at a services or somewhere off the road?Break yes - rest no IMO
Thanks Rog. That’s what I meant. Still a newbie to this world.
ROG:
Cptkimura:
If you were stuck on the motorway due to an accident ahead and were static for an hour or more, would you be able to use that period of time as a rest? Or do you have to be at a services or somewhere off the road?Break yes - rest no IMO
Huh. I’m surprised that’s allowed as theoretically the traffic could start moving at any moment, so while you aren’t “driving” you are still alert to the traffic situation around you as if you were.
Would it be legal to put the tacho on break in this period, or would a manual entry need to be made afterwards?
If static on the motorway for an hour or more I would say you are not free to dispose of your time and could not unwind or relax by constantly checking if the traffic is on the move again.
But a good point raised by the OP, if you fell asleep on the bunk and the road was cleared ,you could wake up in a live lane with the traffic buzzing past .
James Richards:
If static on the motorway for an hour or more I would say you are not free to dispose of your time and could not unwind or relax by constantly checking if the traffic is on the move again.
But a good point raised by the OP, if you fell asleep on the bunk and the road was cleared ,you could wake up in a live lane with the traffic buzzing past .
Being free to dispose of your time is not a requirement when taking a Break (although it is for Rest periods).
To be honest, I’d suggest keeping an eye on the traffic to see when it starts moving again is on a par with keeping an eye/ear on loading bay activity while they tip you. In both situations it’s engine off, and time for playing on the phone, reading the paper or just watching the world go by - ie a break from driving or working.
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Roymondo:
James Richards:
If static on the motorway for an hour or more I would say you are not free to dispose of your time and could not unwind or relax by constantly checking if the traffic is on the move again.
But a good point raised by the OP, if you fell asleep on the bunk and the road was cleared ,you could wake up in a live lane with the traffic buzzing past .Being free to dispose of your time is not a requirement when taking a Break (although it is for Rest periods).
To be honest, I’d suggest keeping an eye on the traffic to see when it starts moving again is on a par with keeping an eye/ear on loading bay activity while they tip you. In both situations it’s engine off, and time for playing on the phone, reading the paper or just watching the world go by - ie a break from driving or working.
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I`d agree with that.
I would book a break to keep the card legal and avoid issues, then also have another break on a service area or wherever, if I felt the need.
I knew a lad who was on a bay at Argos in Glasgow for 7 hours, he pulls out off site after being tipped to take a 45 minute break, phone goes, it’s the planner , why are you not moving, he replied: I have not had a break .