Correct procedure for going over your 4.30 driving time

ASK THE EXPERTS SAFETY, LAW AND WORKING TIME DIRECTIVE FORUM (INTE
1

Hello all i need abit of advice on sunday night i got caught up in heavy traffic on M40 jct 15.
I had an 1hr 15mins driving time left of my 4.30. which when i went pass warwick services heading for Coventry i thought would be sufficent not realising that as i pass junction 13 that i would come to a halt.after sitting in slow moving traffic and pulling off at jct 15 then trying to find a layby i went over by approx 20mins.
As this has never happened to me before i wondered whether there was a correct procedure that i should follow.
I have made a note of it and the reasons, but should i be doing anything else.
any advice would be appreciated

2

Write on the back of your card time etc and reason for going over your hours. If on digi card print out that dates tacho and write on the back the same as anolog tacho make a note of time etc as this can be checked against any traffic log with High ways Police etc …

3

I know it,s very naughty, and that I will get my wrist slapped for saying it; But how simple it used to be years ago. In situations like the one mentioned, it would be a simple matter of whipping the fuse out, and carrying on until you got where you wanted/needed to be. All relaxed and happy. Not all stressed up like people seem to get nowadays :smiling_imp: :smiling_imp:
I will now don my tin hat, sling my gas mask over me shoulder, and retire to the Anderson Shelter in R Backyard, before the paragons of virtue mount an attack.(not for the first time).V V V :laughing: :laughing: :laughing:

4

so long as you write on tabho the reason and time you’ll be ok so long as you don’t make a habit of it.
I don’t know how true it is but i was told you only get prosecuted for breaking the law not for making a mistake.

5

It happens. i went over by 90 mins, because I was stuck in the middle of London. No where to park & an average speed of 5mph if your lucky.

6

if i understood my boss right in the meeting about these new FPN’s as i asked him would we get slapped a FPN if we got caught up in a traffic jam etc, he VOSA will now fine for your breaches crash or no crash taking “not my fault” attitude :confused: :confused: :confused: .

Could somebody clear this up as the “until you get to safe place to stop” or words to the effect is rendered useless now if they just gonna slap a fine on us anyway :exclamation: :confused: :confused: :confused: :confused: :confused: :confused: :confused: :confused: :frowning:

7

If VOSA are taking that attitude, I reckon the best thing is to pull up on the HS and when you get moved, ask whoever it is to mark your card, :laughing:

Problem solved.

8

pecjam23:
if i understood my boss right in the meeting about these new FPN’s as i asked him would we get slapped a FPN if we got caught up in a traffic jam etc, he VOSA will now fine for your breaches crash or no crash taking “not my fault” attitude

My BS meter is clanging so hard it’s popping springs. Tell your boss he is an idiot. :wink: :stuck_out_tongue:

9

as the pop group in the 80" orange jucie, sang " RIP IT UP AND START AGAIN" :grimacing: :grimacing: :grimacing:

10

why didnt you pull into
Warwick services and had 45 before attempting last bit

11

Coffeeholic:

pecjam23:
if i understood my boss right in the meeting about these new FPN’s as i asked him would we get slapped a FPN if we got caught up in a traffic jam etc, he VOSA will now fine for your breaches crash or no crash taking “not my fault” attitude

My BS meter is clanging so hard it’s popping springs. Tell your boss he is an idiot. :wink: :stuck_out_tongue:

Mine to, but lie and tell your boss he’s made an error of judgement and keep your job :laughing: :wink:

As far as the opening question is concerned, as already said write an explanation on the back of the chart or if it’s a digital tachograph do a printout and write the explanation on it then hand it in after 28 days.
If your card will be downloaded before the 28 days just do two printouts and write the explanation on both, keep one with you for the 28 day period in case you get stopped.

12

Coffeeholic:

pecjam23:
if i understood my boss right in the meeting about these new FPN’s as i asked him would we get slapped a FPN if we got caught up in a traffic jam etc, he VOSA will now fine for your breaches crash or no crash taking “not my fault” attitude

My BS meter is clanging so hard it’s popping springs. Tell your boss he is an idiot. :wink: :stuck_out_tongue:

Ditto.

FPN’s are designed?/intended to reduce Aministrative costs and Court time, as well as being a handy ‘tool’ to target non UK resident drivers. They are not intended to alter or lessen the level of evidence required, or to circumvent prosecution standards that are available on the CPS website.

13

gazzah:
Hello all i need abit of advice on sunday night i got caught up in heavy traffic on M40 jct 15.
I had an 1hr 15mins driving time left of my 4.30. which when i went pass warwick services heading for Coventry i thought would be sufficent not realising that as i pass junction 13 that i would come to a halt.after sitting in slow moving traffic and pulling off at jct 15 then trying to find a layby i went over by approx 20mins.
As this has never happened to me before i wondered whether there was a correct procedure that i should follow.
I have made a note of it and the reasons, but should i be doing anything else.
any advice would be appreciated

Don’t know how Fast you moved in Heavy Traffic,but staying in it counts more as Working Time then Driving Time.

14

Thanks for al the replies.

I did write it on the back of the tacho when i took it out,explaining the reasons. But i was’nt sure if i needed to do anything else.I had taken 15min break after 2hrs driving when i did my trailer swop.
The reason for not stopping at warwick services was that when i approached them i still had approx 1hr 15mins driving time left and by rights i knew that i would normally reach Coventry airport in that time or at least a layby on the A46.There wasnt even a mention on the local radio regarding the problem.Like i said i did not know that a little further down the road the traffic was gonna come to a stop then slowly moving at 5mph till i reach Jct 15.If i had i would haved stopped or diverted off at jct 13.
I did also go over my working time as well by 15min.
I did incidently pull off at the next jct.Then into the first available layby.

15

Going over the driving time won’t be a problem as it was out of your control and you did everything right as far as that was concerned.

However going over your working time depends, if you mean you went over the night time 10 hours working time I’d forget it nobody’s going to lynch you for that.
But if you mean you went over the 15 hour spread-over by 15 minutes it’s slightly more serious as technically you should park up, but to be honest under the circumstances it would still most likely only get you a slapped wrist as long as you don’t have any previous history of breaking the rules so don’t worry about it :wink:

16

tachograph:

Coffeeholic:

pecjam23:
if i understood my boss right in the meeting about these new FPN’s as i asked him would we get slapped a FPN if we got caught up in a traffic jam etc, he VOSA will now fine for your breaches crash or no crash taking “not my fault” attitude

My BS meter is clanging so hard it’s popping springs. Tell your boss he is an idiot. :wink: :stuck_out_tongue:

Mine to, but lie and tell your boss he’s made an error of judgement and keep your job :laughing: :wink:

Nah, go with the idiot thing, you wouldn’t want to work for someone as dense as that anyway. :wink: :stuck_out_tongue:

17

tachograph:
Going over the driving time won’t be a problem as it was out of your control and you did everything right as far as that was concerned.

However going over your working time depends, if you mean you went over the night time 10 hours working time I’d forget it nobody’s going to lynch you for that.
But if you mean you went over the 15 hour spread-over by 15 minutes it’s slightly more serious as technically you should park up, but to be honest under the circumstances it would still most likely only get you a slapped wrist as long as you don’t have any previous history of breaking the rules so don’t worry about it :wink:

i only went over my 6hours wtd so i should be ok
thanks anyway

18

gazzah:
i only went over my 6hours wtd so i should be ok

I wouldn’t even bother writing anything on the tacho for that, I thought you meant you had gone over your 4.5 hours driving by 20 minutes.

You said you had taken 15 minutes break after 2 hours driving so I fail to see how you can have gone over the 6 hour WTD thing because from reading what happened there wasn’t 6 hour gap between that 15 minute break and you parking in the lay-by. That 15 minute break would have satisfied your WTD obligations for another 6 hours or until just before the end of your shift, whichever came first.

19

Coffeeholic:

gazzah:
i only went over my 6hours wtd so i should be ok

I wouldn’t even bother writing anything on the tacho for that, I thought you meant you had gone over your 4.5 hours driving by 20 minutes.

if I’m reading this correctly gazzah went over the 4.5 hours driving time by 20 minutes and also believes he exceeded working time which we now know to be the 6 hour rule by 15 minutes.

Could be wrong though :wink:

20

tachograph:

Coffeeholic:

gazzah:
i only went over my 6hours wtd so i should be ok

I wouldn’t even bother writing anything on the tacho for that, I thought you meant you had gone over your 4.5 hours driving by 20 minutes.

if I’m reading this correctly gazzah went over the 4.5 hours driving time by 20 minutes and also believes he exceeded working time which we now know to be the 6 hour rule by 15 minutes.

I thought that about the 4.5 hour thing at first but then he said he only went over the WTD 6 hours, which I agree with you he only thinks he has due to not understanding the regulations and in reality he hasn’t.