ok i started by day at 2130 from immingham went to wisbech their for midnight bk to immingham was their for just before 3 , had a major air leak on my tank so left docks @330ish and went to wait to get it sorted , fitter finally came in around 7 ish during this time i had put it on poa, finally fixed bk to terminal to get loaded , left immingham @10 this leaving to get to kings lynn in 2 .5 hours (no chance), i wqas told since i had a break down that i could do this even tho my 15hr was up at 12.30.ne way end up taking it bk to yard (wisbech)got bk @ yard at 1215 ,
when can the 15 hour rule be broken , i was under the influence that it cannot , please some 1 shed some light for me .
funkyfella:
ok i started by day at 2130 from immingham went to wisbech their for midnight bk to immingham was their for just before 3 , had a major air leak on my tank so left docks @330ish and went to wait to get it sorted , fitter finally came in around 7 ish during this time i had put it on poa, finally fixed bk to terminal to get loaded , left immingham @10 this leaving to get to kings lynn in 2 .5 hours (no chance), i wqas told since i had a break down that i could do this even tho my 15hr was up at 12.30.ne way end up taking it bk to yard (wisbech)got bk @ yard at 1215 ,
when can the 15 hour rule be broken , i was under the influence that it cannot , please some 1 shed some light for me .
Not legal as the bit in blue was avoidable
If the breakdown alone had been the reason then you could have put the ‘unforseen’ reason on the tacho
The time spent loading etc was not unforseen and occured after the breakdown.
funkyfella:
sorry rog can you explain a bit more please , bit thick this time off day ,
sorry to be a pain
also what bout if bad weather how it is at mo , just wanna cover my own arse .
Everything was going ok until you broke down.
By the time it was fixed, you could make base.
You decided to go and get loaded knowing that in doing so it was likely to delay you further and there was a good possibility that it would take you over the 15 hours max duty time.
As you already knew what the road conditions were then that should have been factored in by you for the return to base journey time.
So, you broke down and noted what the time was when it was fixed, hmmm… with the current road conditions it is going to take me X hours to get back to base, what should I do? - have I got enough time to load and get back to base within the 15? - At this point you should make the decision - load & then return or retun to base now■■?
If loading & then returning would be too close for comfort, time wise, then just return.
Had you loaded then broke down, the reasonable unforeseen event thet kept you from complying with the regs would have been the breakdown - write reason on tacho - fine.
Even if you were loaded and then broke down you can only go as far as safe to do so
Unforeseen events
Provided that road safety is not jeopardised, and to enable a driver to reach a suitable stopping
place, a departure from the EU rules may be permitted to the extent necessary to ensure the safety
of persons, the vehicle or its load. Drivers must note all the reasons for doing so on the back of their
tachograph record sheets (if using an analogue tachograph) or on a printout or temporary sheet
(if using a digital tachograph) at the latest on reaching the suitable stopping place (see relevant sections
covering manual entries). Repeated and regular occurrences, however, might indicate to enforcement
officers that employers were not in fact scheduling work to enable compliance with the applicable rules.
A judgment by the European Court of Justice dated 9 November 1995 provides a useful guide to
how this provision should be interpreted. It can apply only in cases where it unexpectedly becomes
impossible to comply with the rules on drivers’ hours during the course of a journey. In other words,
planned breaches of the rules are not allowed. This means that when an unforeseen event occurs, it
would be for the driver to decide whether it was necessary to depart from the rules. In doing so, a
driver would have to take into account the need to ensure road safety in the process (e.g. when driving
a vehicle carrying an abnormal load under the Special Types regulations) and any instruction that may
be given by an enforcement officer (e.g. when under police ■■■■■■).
Some examples of such events are delays caused by severe weather, road traffic accidents, mechanical
breakdowns, interruptions of ferry services and any event that causes or is likely to cause danger to the
life or health of people or animals. Note that this concession only allows for drivers to reach a suitable
stopping place, not necessarily to complete their planned journey. Drivers and operators would be
expected to reschedule any disrupted work to remain in compliance with the EU rules