Daily rest in vehicle with no bunk

Hi all I have read that it is illegal to have your daily rest in a vehicle with no bunk.

If this is the case could someone post a link. Also when I put my card back in what do I put for this time?? Break with a note on the print out or other work??

Not sure of the legalities as it’s something I’ve never personally encountered. As for the tacho, if it’s a Stoneridge it will prompt “rest until now?” Just scroll to “yes” then press ok. The other type of tacho will ask you to account for the time since withdrawal until insertion. Just select rest and ok again.

Daily rest periods may be taken in a vehicle. However, it is expected that the vehicle has suitable sleeping facilities for each driver and the vehicle is stationary. Suitable sleeping facilities in a vehicle are considered to be a bunk or other type of bed which is primarily designed for sleeping on.

It has been the case for as long as I can remember that to take a daily rest the vehicle has to have suitable sleeping facilities.

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From @simcor link
“If a vehicle has no suitable sleeping facilities then other arrangements should be made, for example, a hotel, hostel, guest or boarding house, chalet, static caravan or rental accommodation.”

If you have not got a sleeper cab, not been at home base, nor had an hotel or whatever then you have not had a daily rest.

When you out the card back in? I don’t want to jump to conclusions here…but are proposing starting another day without a daily rest period? Like working for 24 hrs or summat? Tell me I’m wrong. please.

If you have been in an hotel etc, then the time there is Daily Rest.
If you had to take a taxi to the hotel that is duty or poa or break, I can’t remember which offhand, but that is not rest.
Edit from simcor’s link again
“For example: If a driver had to travel for 1 hour by car, on public transport or as a passenger, to pick up a vehicle from a location that was not their home or normal operating base then this time would count as other work. Similarly, if they had to travel back by car, on public transport or as a passenger, from a location that was not their normal operating base, this would count as other work

I suspect that I will have to return the vehicle as they promised to come get me 5 hours ago

So…you have run out of time? Just driving time or out of “spreadover*” too?

*Can we get away with calling it spreadover?

I am sorely tempted to put the keys in the back of the vehicle and just leave it. (Obviously tell the office). However I’m being pig headed and if I have to drive back to the depot it will be another 200 quid in my pocket as I am guaranteed 10 hours

I did 15 hours plenty of driving time

Well you are currently breaking the law.

Nothing I can do…they won’t pay for a hotel nor does it seem they are going to pick me up

It’s your licence.

Are you intending making a fraudulent tacho entry after being parked up for 9 hrs? Then driving again?
Or making an honest tacho entry and showing a working day of over 24hrs?

Lock up the vehicle, do whatever you want with the keys. Either get a taxi home or to an hotel and give them the bill. Your daily rest starts from when you home or at the hotel.

If you drive without a daily rest? Maybe your fraud will not be detected and there will be no consequences?

Maybe as you cruise along an idiot drives under your wheels? Unlikely but possible. When you get to court the brief will possibly suggest you pack a toothbrush.

I assume you are over 21 and in command of all your senses? You are responsible for you.
If your office doesn’t care about you nor the law, does not mean you should copy them.

One of our drivers had to night out in the rigid and was put up in a b&b

Daily rest has to start from the moment you hit 13 hours or 15 hours in a day otherwise the working time and daily rest cannot fit into a 24 hour period. Daily rest does not start from the time you get home or into a B&B or on the bunk of available.

This is a prime example of why you as the driver have to make the cals on doing a job or not unless it is due to completely unforseen circumstances.

The company cannot pick you up if you are out of duty hours it is as simple as that it would be illegal for them to do so.

It is up to as a driver to monitor your driving time and working hours in a day and ensure you have sufficient time to get back to base or request an alternative such as a hotel or B&B.

I almost had to night out double manned because of when they closed the A12 last year because of guy threatening to jump off a bridge. Had to keep the depot informed as they would have got us into a hotel or b&b

I am unable to get a hotel the one at Thurrock is closed. I also only have a few quid with me as debit card at home. I also have no means of securing the back of the vehicle so can’t leave it safe.

Going fwd I have two choices sit here till they come pick me up which they haven’t so far. Which from what’s been said doesn’t solve the rest issue.
Or give it till 9 hours are up and record it as other work.

Leave the truck where it is, you have no means of securing the back… not your problem, you’re not employed or paid to be an overnight security guard. If I was in your position I would genuinely google a local taxi company and get them to take me to a hotel for the night and I’d present the receipts for both to my company. I appreciate that you have no funds with you, but both taxi and hotel will possess the means to take payment over the phone from a family member.

Daily rest should start from the time you hit 13 or 15 for a reduced.
Absolutely agree,
But Coop hasn’t done that. It is already too late.

He can only start a daily rest if he is in a sleeper cab or somewhere he has a bed.
Is that a more accurate way of saying it?

Why say wait 9 hours? That is doing nothing at all. All you will do is extend your day.
That is not solving your rest issue unless you want to make a fraudulent entry, and take a chance. I don’t think anyone here thinks that is a good idea.

If you get somewhere with a bed you can start a daily rest. It will still not cancel your excess hours of today, but you will start with a clean sheet tomorrow.

Agreed.

Yep.
Or home on an Uber? How far from home are you?

The days are long gone when we cabbed it across the seats.
They are playing you for a ■■■■ mate, do as you have been advised so far concerning taxis and hotels, and if your truck/trailer/fuel gets turned over during the night, not your problem…(in fact if it was me just to teach the ■■■■ s a lesson, I’d be parking it in a known truck theft hot spot before going to said hotel …but thats just me.)

Get another job mate, with a half decent employer !