Stuck on M62 approaching junction 21 where there has been an incident. Got until 7pm on my tacho. It’s Likely I will go over my 13 hours and I don’t have any 15s left. Need to get to safe parking so do I just leave the tacho in and write on the back?
Also, will this impact on what time I can start in the morning as I need to start at 6am if possible.
Cheers
leave it in then do a manual explantion
if you have no more 15s you also i assume dont have any nines left
just have to wait until the 11th hour
if its an accident or something like that you are permitted to go over your hours to get to a safe place ie the next services
Belting traffic jam apparantly - all way to Leeds at one point!
How long were you stuck in it for?
PS Hello everyone from new member near J25
hitch:
leave it in then do a manual explantion
if you have no more 15s you also i assume dont have any nines left
just have to wait until the 11th hour
Since theres only 24 hours in a day if he’s used all his 15 hour days then he has to have used his 3 nine hour rests as well, they arent interchangeable. If you work 15 hours then you can only have 9 hours left to rest. The working day starts when you start work and finishes 24 hours later regardless of how long you rest afterwards.
schrodingers cat:
hitch:
leave it in then do a manual explantion
if you have no more 15s you also i assume dont have any nines left
just have to wait until the 11th hourSince theres only 24 hours in a day if he’s used all his 15 hour days then he has to have used his 3 nine hour rests as well, they arent interchangeable. If you work 15 hours then you can only have 9 hours left to rest. The working day starts when you start work and finishes 24 hours later regardless of how long you rest afterwards.
The driver will still have to take an 11 hour rest even if that means doing 14+11 as the driver has no reduced daily rests available
The rest period cannot be reduced because of a delay under the deroogation
I think that was the point being made
I wouldnt worry about making the extra rest up as such because you’ve already gone over, so if you can only get 10hours rest within your 24h period just take that and get going again.
Saaamon:
I wouldnt worry about making the extra rest up as such because you’ve already gone over, so if you can only get 10hours rest within your 24h period just take that and get going again.
ILLEGAL to do that - the length of rest cannot be shortened - that is law
think about it - a driver gets delayed and it gets to 23 hours before he can park up - it would be daft if the law lets him have 1 hour of rest before restarting again !!
ROG:
schrodingers cat:
hitch:
leave it in then do a manual explantion
if you have no more 15s you also i assume dont have any nines left
just have to wait until the 11th hourSince theres only 24 hours in a day if he’s used all his 15 hour days then he has to have used his 3 nine hour rests as well, they arent interchangeable. If you work 15 hours then you can only have 9 hours left to rest. The working day starts when you start work and finishes 24 hours later regardless of how long you rest afterwards.
The driver will still have to take an 11 hour rest even if that means doing 14+11 as the driver has no reduced daily rests available
The rest period cannot be reduced because of a delay under the deroogation
I think that was the point being made
But he cant take an 11hour rest because he’s gone over so the extra hour is pointless, 14+11 is 25. I’d take 10hours off and get on with it.
Saaamon:
ROG:
schrodingers cat:
hitch:
leave it in then do a manual explantion
if you have no more 15s you also i assume dont have any nines left
just have to wait until the 11th hourSince theres only 24 hours in a day if he’s used all his 15 hour days then he has to have used his 3 nine hour rests as well, they arent interchangeable. If you work 15 hours then you can only have 9 hours left to rest. The working day starts when you start work and finishes 24 hours later regardless of how long you rest afterwards.
The driver will still have to take an 11 hour rest even if that means doing 14+11 as the driver has no reduced daily rests available
The rest period cannot be reduced because of a delay under the deroogation
I think that was the point being made
But he cant take an 11hour rest because he’s gone over so the extra hour is pointless, 14+11 is 25. I’d take 10hours off and get on with it.
then you would get an infringement for insufficient rest and driving too many hours without sufficient rest as well I think
ROG:
Saaamon:
ROG:
schrodingers cat:
hitch:
leave it in then do a manual explantion
if you have no more 15s you also i assume dont have any nines left
just have to wait until the 11th hourSince theres only 24 hours in a day if he’s used all his 15 hour days then he has to have used his 3 nine hour rests as well, they arent interchangeable. If you work 15 hours then you can only have 9 hours left to rest. The working day starts when you start work and finishes 24 hours later regardless of how long you rest afterwards.
The driver will still have to take an 11 hour rest even if that means doing 14+11 as the driver has no reduced daily rests available
The rest period cannot be reduced because of a delay under the deroogation
I think that was the point being made
But he cant take an 11hour rest because he’s gone over so the extra hour is pointless, 14+11 is 25. I’d take 10hours off and get on with it.
then you would get an infringement for insufficient rest
The requirement is to have 11hours off within a 24hour period is he’s already broken the law before he’s pull the card.
If we went by your take on the rules it would mean i could work for 15hours+ aslong as i stopped for 11hours (or 9hrs) before i started again.
The poster posted a basic quission
he may not have realised a 13+ is a 9
Saaamon:
ROG:
schrodingers cat:
hitch:
leave it in then do a manual explantion
if you have no more 15s you also i assume dont have any nines left
just have to wait until the 11th hourSince theres only 24 hours in a day if he’s used all his 15 hour days then he has to have used his 3 nine hour rests as well, they arent interchangeable. If you work 15 hours then you can only have 9 hours left to rest. The working day starts when you start work and finishes 24 hours later regardless of how long you rest afterwards.
The driver will still have to take an 11 hour rest even if that means doing 14+11 as the driver has no reduced daily rests available
The rest period cannot be reduced because of a delay under the deroogation
I think that was the point being made
But he cant take an 11hour rest because he’s gone over so the extra hour is pointless, 14+11 is 25. I’d take 10hours off and get on with it.
If he did a manual entry on his Tacho explaining why he went over his driving hours then he would get a derogation, if he then followed that up by reducing his rest when he has already used up his reduced rest for that week then he will get an infringement for that. The 15 hours spreadover is not mentioned anywhere in the tacho regs, what they talk about is 11 hours rest and 9 hours reduced rest.
You can get a derogation for working over 15 hours due to unforseen circumstances, but there is no derogation for taking less than your legal break.
I think the point was still missed which I made earlier …
If the 13 hour day got delayed due to a major incident by 10 hours which is unlikely but possible then under the other 24 hour logic the driver would only need to have 1 hour of rest before restarting again … does anyone actually think the law would allow that ?
I have to agree he would be allowed to exceed the limits to reach a suitable stoppin place and would have to make amanual entry giving why, what, when and where.
He should then take the full amount of rest that was originally required. This would not all fit within the 24 hour daily driving period but that would be fine
What Rog has sais makes it perfectly clear how it should be done.
ROG:
I think the point was still missed which I made earlier …If the 13 hour day got delayed due to a major incident by 10 hours which is unlikely but possible then under the other 24 hour logic the driver would only need to have 1 hour of rest before restarting again … does anyone actually think the law would allow that ?
If you ran for 23hrs you wouldnt be able to get 11 off in a 24hour period, so the offence thats been commited is insufficent daily rest and the OP will have commited the same offence, the only difference is that the fine for him will only be £60(mite be £120) if its under an hour, use to have the price list but cant find it.
Going back to the other example the offence has already been commited because he’s worked for 14hours so cant get his rest in. Just because he’s had 11hours off the card doesnt been he hasnt broken the law. I say it again, going by what your saying would mean i could work for say 20hours+ provided i had 11hours off, but of course i cant because i need to fit in 11hours rest before the end of that 24hour period.
PS to the op you wont get in any trouble because you have a decent reason.
The point is,that if he makes an entry to explain why he has gone over his hours…and then takes an 11 hour break,he won’t get fined.
If he takes less than 11 hours off,he will
commonrail:
The point is,that if he makes an entry to explain why he has gone over his hours…and then takes an 11 hour break,he won’t get fined.
If he takes less than 11 hours off,he will
And that ladies and gentleman is the perfect answer.
commonrail:
The point is,that if he makes an entry to explain why he has gone over his hours…and then takes an 11 hour break,he won’t get fined.
If he takes less than 11 hours off,he will
I see what your saying, but personnally i be cracking on, the delay would of held me up enough as is.
Saaamon:
Going back to the other example the offence has already been commited because he’s worked for 14hours so cant get his rest in. Just because he’s had 11hours off the card doesnt been he hasnt broken the law. I say it again, going by what your saying would mean i could work for say 20hours+ provided i had 11hours off, but of course i cant because i need to fit in 11hours rest before the end of that 24hour period.PS to the op you wont get in any trouble because you have a decent reason.
You are still missing the point -
There is a LEGAL derogation for going over driving or duty time and for that time and rest not fitting into a 24 hour period but there is no legal derogation for reducing the actual rest hours required
NO OFFENCE will have been committed for going over driving time, duty time or for not being able to get the required rest into a 24 hour period if the reason for doing so is genuine
There IS AN OFFENCE committed if the required length of rest is not taken because that wil be insufficient rest - not insufficient rest in a 24 hour period - but simply insufficient rest period taken
Saaamon:
I see what your saying, but personnally i be cracking on, the delay would of held me up enough as is.
Then you will get fined if caught as you will be illegal
Perhaps another fine for driving time as well because there will not be a required daily rest splitting up the two days driving time