HI, don’t know if anyone could clarify, is it upto the driver whether they want to reduce to 9 hours between a shift, or the company they work for?
Thanks
Vicki
. Welcome v60■■■ .
Ultimately it is the DRIVER but if the company are not asking you to do anything illegal and you can do it safely then why would you not want to ?
The company may view it in a very dim light if you have no valid reason and may get you pushed out
Thanks, it’s not me i’m asking for my hubby. It’s not often that he won’t reduce to 9, but on the odd night where he may not get much sleep then he feels too tired to drive.
The company he works for are a bit hit and miss, as they go from one extreme to another in regards to starting times. For example he started work 3am Monday morning, then didn’t start until 8am this morning.
He also has to travel 45 mins to work which adds to the amount of time he gets off… so eventhough he may get 9 hours from pulling the card, realistically he gets between 6 and 7 hours.
v60■■■:
Thanks, it’s not me i’m asking for my hubby. It’s not often that he won’t reduce to 9, but on the odd night where he may not get much sleep then he feels too tired to drive.
That is why it is ultimately down to the driver (your hubby) - no other consideration tops this reason
Any company that says otherwise can back it up by putting it in writing… which they will never do
The reason any company official would/should be reluctant to put anything in writing is because a situation might arise whereby they could be prosecuted as an Accessory and Abbettor.
From the Crown Prosecution Service site.
Dangerous Driving
Title: Road traffic offencesOffence: Dangerous driving
Legislation: Road Traffic Act 1988 s.2
Commencement Date:
Mode of Trial: Triable either way
Statutory Limitations & Maximum Penalty:
On indictment - 2 years imprisonment or a fine or both Summary conviction - imprisonment not exceeding 6 months, or a fine, or both Disqualification minimum 12 months Obligatory endorsement Mandatory disqualification until passes extended driving test Sentencing Range: Non custodial options may be considered, but usually a custodial penalty is appropriate, especially where a number of aggravating factors combine
Culpability & Harm
NoneAggravating & Mitigating Factors
A list of aggravating and mitigating factors was set out by the Court of Appeal in R v Cooksley and others [2004] 1 Cr App R (S) 1, which set the guideline for cases of causing death by dangerous driving. Although some of the factors outlined are of application only to offences in which death results, many of them are relevant to offences of dangerous driving.Aggravating factors
- Highly culpable standard of driving at the time of the offence
the consumption of drugs (including legal medication known to cause drowsiness) or of alcohol, ranging from a couple of drinks to a ‘motorised pub crawl’greatly excessive speed; racing; competitive driving against another vehicle; ‘showing off’
disregard of warnings from fellow passengers
a prolonged, persistent and deliberate course of very bad driving
aggressive driving (such as driving much too close to the vehicle in front, persistent inappropriate attempts to overtake, or cutting in after overtaking)
driving while the driver’s attention is avoidably distracted, for example by reading or by use of a mobile phone (especially if hand-held)
driving when knowingly suffering from a medical condition that significantly impairs the offender’s driving skills
driving when knowingly deprived of adequate sleep or rest
driving a poorly maintained or dangerously loaded vehicle, especially where this has been motivated by commercial concerns
There was also a booklet issued in 2003 by the Health & Safety Executive named Driving At Work which places upon the Employer of any person who uses a motor vehicle (or cycle) in the course of their employment, a duty to give consideration to the safety of other road users.
Phone them up and they will post a copy, even to private adresses.
The answers in this thread will be the same as the answers in your previous post on the same subject here.
viewtopic.php?f=2&t=57544&p=685705#p685705
The driver has no grounds to refuse to reduce his daily rest under the tachograph regulations. He would have to do so under H&S regs by claiming he was too tired to drive. Doing this on a regular basis could however give the company grounds to decide he was unsuitable for the job and let him go. While the driver holds the trump card on the odd occasion when this situation arises the company hold all the aces in this situation over a longer period.