A companies duty of care for its empolyees

Where does an employee stand if they are only a day driver and they run out of time?

Are the company obliged to send someone out to get them or can they just expect them to night out, even though, as a day driver, they probably won’t have any provisions for a night out, along with the fact that they may have commitments for the following day?

Do you mean run out of driving time or working time ?

Depends on how well you get on with the tm :laughing:

Beef:
Where does an employee stand if they are only a day driver and they run out of time?

Inbetween the driver’s seat and the passenger seat facing towards the rear of the cab. Then you lean forward and roll onto the bunk.

Contraflow:

Beef:
Where does an employee stand if they are only a day driver and they run out of time?

Inbetween the driver’s seat and the passenger seat facing towards the rear of the cab. Then you lean forward and roll onto the bunk.

Oh looks like we have a comedian! :laughing:

tachograph:
Do you mean run out of driving time or working time ?

It doesn’t matter does it?

If you run out of driving time, you are stuck and if you run out of working time, you can’t drive any further anyway. Whats the situation if you run out of both?

Depends on how far I think, or that was the case last place I worked, an hour or so they would send a car and a driver and come rescue you, if you was a couple of hours away then it would be a night out, but it depends on the company.

Beef:

tachograph:
Do you mean run out of driving time or working time ?

It doesn’t matter does it?

If you run out of driving time, you are stuck and if you run out of working time, you can’t drive any further anyway. Whats the situation if you run out of both?

Yes it does matter, if you run out of working time the company cannot legally bring you back to base, if you run out of driving time but have enough working time left to get back to base or home they can legally pick you up.

Beef:

tachograph:
Do you mean run out of driving time or working time ?

It doesn’t matter does it?

If you run out of driving time, you are stuck and if you run out of working time, you can’t drive any further anyway. Whats the situation if you run out of both?

Its possible for two night men to pick you up if you run out of driving one can collect you and the other can bring your truck back. If you run out of working time there is no way to legally get you back.
I don’t think the company has a duty of care as its transport industry… Flexibility required, anything can happen, road closures, adverse weather unforseen circumstances etc…
Although maybe you could argue they have duty of care if you don’t have a sleeper cab…

Beef:

tachograph:
Do you mean run out of driving time or working time ?

It doesn’t matter does it?

If you run out of driving time, you are stuck and if you run out of working time, you can’t drive any further anyway. Whats the situation if you run out of both?

You run out of both? See the post from Contraflow if you are expecting a company to retrieve you to base. That’s the situation.

Firstly Duty of care is to do with your well being and Safety, so I doubt a day driver running out of time would count in either of these unless their well being or safety was compromised by this happening, I suppose if you’ve promised to take the wife shopping the next day they might count though, depending on how big her rolling pin is. :laughing:

If you have access to a bunk or they put you in a hotel then they have probably done enough.

Pull the card out. Wait 30 mins while you have a ■■■, call the wife to tell her you will be late, have a leak up the tyre, then drive home.

If you are still on old paper tacho, then just pull it out and burn it (noting the mileage) then write out a manual chart.

This should be covered in the DCPC instead of the tripe they come out with now.

Beef:

Contraflow:

Beef:
Where does an employee stand if they are only a day driver and they run out of time?

Inbetween the driver’s seat and the passenger seat facing towards the rear of the cab. Then you lean forward and roll onto the bunk.

Oh looks like we have a comedian! :laughing:

Not at all, he just tries hard to create that impression … but fails :wink: :slight_smile:

Where I worked they used to send a van and fitter out, he drove the truck back and we drove the van. Possibly illegal now? :unamused:

Pete.

Give the keys to your car (if you can afford to run one) on the proviso they pay for any damage done en route, an you go home sorted. Failing that go back in the works van, who the hell is going to follow that through to any prosecution, makes me wonder how many of you don’t crap your pants every time you step foot in a motor !!

windrush:
Where I worked they used to send a van and fitter out, he drove the truck back and we drove the van. Possibly illegal now? :unamused:

Pete.

If they send a car/van and two drivers out, the out of duty time driver isn’t legally allowed to travel back with them, presumably supposed to pitch his hammock from a couple of sky hooks at the roadside… :open_mouth:

Dunno about duty of care, sometimes in transport it all goes pear shaped despite the best planning, if someone can’t cope roughing it on a sleeper cab bed with night heater available for one odd night it’s possible lorry driving isn’t the right career choice.

If you’re in a day cab, the onus is on them for bad planning, and they either need to collect you or put you in a hotel for the night. If they are unable to do either, you’re well within your rights to call a taxi on their dollar. It’s in the drivers hours regs; you can only take your daily rest in a vehicle “fitted with suitable sleeping facilities”.

If it’s a sleeper and you’ve no night out kit, it’s a bit of a grey area. On the one hand, you can legally take your daily rest in the vehicle, but on the other hand, due to the company’s poor planning, it is unlikely you will get a good night’s sleep and thus your ability to drive the next day could be compromised. I ended up in exactly this position a few weeks ago (only 20 miles from base too!). I ended up taking it on the chin as it was only a one off. Thought about pulling my card but could do with the money to be honest :sunglasses:

Is this the long awaited sequel to last years epic blockbuster "unplanned night out "■■?

Surely if someone were to “unexpectedly” run out of time - others will be doing so as well at the same yard. Eg. Major trunk road/motorway accident, stuck for hours and hours…

What excuse can one possibly have for being three hours out at some depot, and then setting off home already 13 hours into one’s shift?

…It’s easier to arrange a lift back when you’re leaving an artic stuck on a bay somewhere… :sunglasses:

Driver B might drive himself out to you in a pool car, get out, take over your abandoned wagon, whilst you drive back in the pool car - OFF TACHO and therefore off duty by this point.
There won’t be any arguments about “I don’t wanna do that” when the alternative is a night out with no overnight bag with you. :wink:

tachograph:

Beef:

tachograph:
Do you mean run out of driving time or working time ?

It doesn’t matter does it?

If you run out of driving time, you are stuck and if you run out of working time, you can’t drive any further anyway. Whats the situation if you run out of both?

Yes it does matter, if you run out of working time the company cannot legally bring you back to base, if you run out of driving time but have enough working time left to get back to base or home they can legally pick you up.

Most Companies would look at the distance you are away from home,the cost of sending two Drivers out and their availability to retrieve you,one to drive a car and the other to drive your truck,or leave you to book in a Motel as they have facilities for such circumstances.
Apart from that your a Driver,and like a great deal of drivers should always have emergency gear in a travel bag.
Have you never asked yourself why do some Drivers have a small holdall with them that`s to big just for their flask and sandwiches,and what else is in it when they come to work.