Broke down in Granthem and I’ve run out of time. Office has said they cannot pick me up till I’ve had 9 off. But I’ve less than a fiver on me and no sleeping tackle.
There’s nothing to stop me being a passenger after 15 is there?
Only if there’s nothing to travel in!
marlow:
Broke down in Granthem and I’ve run out of time. Office has said they cannot pick me up till I’ve had 9 off. But I’ve less than a fiver on me and no sleeping tackle.There’s nothing to stop me being a passenger after 15 is there?
Yes there is, the company are doing things to the letter of the law.
That doesn’t mean I would be sleeping in a broken lorry though, if I was close enough to home 
Neil will know for definite, but I believe the position is that they could run you home in a car, but not run you to they yard.
bigvern1:
Only if there’s nothing to travel in!
How do you mean big vern?
If they have no-one to drive or have anything to drive you back in.
Harry Monk:
Neil will know for definite, but I believe the position is that they could run you home in a car, but not run you to they yard.
He could book off where he is and make his way home by whatever means, but he will have to go back there and book on after his rest period. That’s just a normal night out. Park, do what you want, start work again after required hours of rest. No travelling involved.
marlow:
Broke down in Granthem and I’ve run out of time. Office has said they cannot pick me up till I’ve had 9 off.
Office is correct. They cannot collect you and take you back to the yard or your house. Any time spent travelling to/from a location other than your regular depot is other work for the EU Driver’s Hours Regulations. If you have done 15, or 13 if no 15 available, then you don’t have the time for it to be other work.
Has been that way since the Skills Coaches case in 2001
Of course, the office could pick him up, then run him back there in the morning and just keep schtum about it, since it is highly unlikely that VOSA would stop a motor car and demand to know if the passenger was a lorry driver who should be on his rest period. 
Any miute now the reckers going to turn up and take it to Lincoln, its a big firm and I know they have wagons running all night north back to there yard, I could get dropped at the services at grantham but there saying that they cannot pick me up till I’ve had 9 off.
I’ve thought about thuming it but its the 6 mile off the A1 in Yorkshire that I might struggle and I’ve no coat
Harry Monk:
Of course, the office could pick him up, then run him back there in the morning and just keep schtum about it, since it is highly unlikely that VOSA would stop a motor car and demand to know if the passenger was a lorry driver who should be on his rest period.
From Bellshill?
Harry Monk:
Of course, the office could pick him up, then run him back there in the morning and just keep schtum about it, since it is highly unlikely that VOSA would stop a motor car and demand to know if the passenger was a lorry driver who should be on his rest period.
Indeed. I was only giving the legal options, not the real world ones that most of us would take advantage of.
marlow:
I’ve thought about thuming it but its the 6 mile off the A1 in Yorkshire that I might struggle and I’ve no coat
Only a fiver, no sleeping kit and no coat? You were never a Boy Scout were you?
I’d be booking into the nearest Travel Inn and telling my boss he’s going to be paying for it.
surely unforseen circumstances would come into it
Coffeeholic:
marlow:
I’ve thought about thuming it but its the 6 mile off the A1 in Yorkshire that I might struggle and I’ve no coatOnly a fiver, no sleeping kit and no coat? You were never a Boy Scout were you?
Was thinking the same. Got a laptop though 
truckerone:
surely unforseen circumstances would come into it
The duty limit is well known so is not unforeseen. The unforseen thing only allows you to exceed your driving or duty hours to make the first available parking, not to go all the way home.
Surely the fact that it is Friday would allow a driver to ignore normal rules?
We had a memo out a few weeks back saying that you can only be collected if you have enough duty time but no driving hours…if you are out of duty time then its tough luck as that is the law (or words to that effect)…i always used to think that you could be collected whatever time as long as you weren’t physically working or driving,but this cleared any doubt that i had in my mind. 
Tell them its unsafe to stay in the vehicle.As someone said its the circumstance’s you are in.
The Legal Definition
Where a vehicle coming within the scope of the EU rules is neither at the driver’s home nor at the employer’s operational centre where the driver is normally based, but is at a separate location, time spent travelling to or from that location to take charge of the vehicle may not be counted as a rest or break, unless the driver is in a ferry or train and has access to a bunk or couchette.
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.
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.
Nothing in the rules that says you can’t be picked up by the firm and taken directly home. I think I agree with the Travelodge option and stick them with a bill for an overnighter. 
