Someone works daily from 7 am until 17.00 hrs as tanker driver delivering fuel to domestic premises. He’s only done around 5 hours driving. On this particular day, he works his normal shift finishing at 17.00 hrs. He gets a telephone call from his boss at around 20.30 hours who tells asks him if he will do an emergency delivery to someone who desperately needs it. He says yes an goes back into work and puts his card in at 20.30 pm and drives to do the delivery finishing at just after midnight. He is then up the next day and begins work at the same time again as usual…00.7am. What infringements has he committed? I have a good idea but could some of you guys who are extremely knowledgeable comment? Thank you.
ok im not really sure so i shouldn’t replie but i think it will cause a problem cause you need to have 9hour min before you start the morning shift.
However 1700 till 20.30 is 2hr30min if you wait for a whole 3hours that will ‘bank’ as rest time so im guessing you just need 6hours rest you finish at 00.07 you can start work 06.07 i think
Starting at 7am you must finish by 10pm or it’s insufficient daily rest.
Btw 17.00 to 20.30 is 3and a half hours but that’s beside the point in this case anyway.
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1st he started at 7 am so no matter what he’d have finish at 10pm.
2nd he finished at midnight so already 2 hours over
But finishing at midnight needs 9 hours off anyway so be 9am.before can start again
Two hours over his daily spread and insufficient daily rest, somewhere in the region of between £400 to £600 at a roadside stop, depending on who stops him and his attitude
Assuming EU regs and there’s no special exemptions for fuel deliveries?
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Mazzer2:
insufficient daily rest
^As counted in the 24 hours of his start time.Even a split daily rest won’t cut it by the times provided.He’s toast. 
TruckDriverBen:
ok im not really sure so i shouldn’t replie but i think it will cause a problem cause you need to have 9hour min before you start the morning shift.However 1700 till 20.30 is 2hr30min if you wait for a whole 3hours that will ‘bank’ as rest time so im guessing you just need 6hours rest you finish at 00.07 you can start work 06.07 i think
No, just no. Absolutely everything in your post is completely wrong, all of it. Please go and do a Drivers Hours module of the DCPC with utmost urgency if you even think that’s remotely right. If someone has told you that is how it works stop listening to that person immediately because they don’t have the faintest idea.
Even when using a split daily rest the last rest period must be a continuous 9hrs and you must take a total of 12hrs or it just counts as a normal reduced daily rest. Also if he’s started at 7am in the morning the latest he can work is 10pm at night.
To explain why he must end at 22hr00.
Card in at 07hr00. A 24hr “day” now starts. So, the daily rest must be complete by 07hr00 the next day, hence no working beyoin 22hr00.
Franglais:
To explain why he must end at 22hr00.
Card in at 07hr00. A 24hr “day” now starts. So, the daily rest must be complete by 07hr00 the next day, hence no working beyoin 22hr00.
This^^^^^
What biscuits do you like and how do you take you tea
Milk and sugar ?
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Although EU regs don’t allow for emergencies which arise after the shift has ended, if the fuel emergency had been to for example a hospital or care home, it just might have been accepted by the TC as mitigation to a lower penalty, the decision to start another shift so soon the following morning would be taken surely as inexcuseable. Having done such a long period of ■■■■■■■■■■ duty, some effort towards compliance and recognition of the need for adequate rest should have been made, by taking an extra long rest period before the next shift - say 14 hrs or an immediate reduced weekly rest. That wouldn’t alter the absolute offence but it might alter the penalties for the driver and the company, however the company should never have asked and should have subbed the job out.
And of course, when it benefits the government in a “mini emergency”, the Driver hours regulations go and take a running jump and anything goes.
I was just wondering for arguments sake. Apparently, what he did the next morning was to jump into a 3.5 tonne vehicle so as not to have to use his digi card. Thanks for the informative replies.
Mooping:
I was just wondering for arguments sake. Apparently, what he did the next morning was to jump into a 3.5 tonne vehicle so as not to have to use his digi card. Thanks for the informative replies.
Back on duty?
Still failing to take, or even attempt to take a break?
And presumably failing to record “off the card” work?
.
.
Hmmm…
.
What do you think?
Doubtless some keyboards are being thumped.
Maybe there are two or three different questions?
What is wrong here?
What are the penalties?
What are the chances of being caught?
Mooping:
I was just wondering for arguments sake. Apparently, what he did the next morning was to jump into a 3.5 tonne vehicle so as not to have to use his digi card. Thanks for the informative replies.
He’s already got an infringement for working past 10pm.
He could start work at 2am, I.e 9 hours after pulling card at 5pm…
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Franglais:
failing to record “off the card” work?
.
.
Hmmm…
.
What do you think?
Blimey lets get this right insufficient daily rest within the 24 hour period from starting a shift and failing to record driving an out of scope vehicle subject to domestic regs so as to look like part of a daily rest period ?.
Or even worse actually recording it as part of an already blown daily rest period ?. 
The perfect storm at the tea and biscuits meeting.
That’s why the enforcers and any employer worth their salt like to see a continuous 24 hour record including all daily rest accounted for by manual entry.
1968kg:
Mooping:
I was just wondering for arguments sake. Apparently, what he did the next morning was to jump into a 3.5 tonne vehicle so as not to have to use his digi card. Thanks for the informative replies.He’s already got an infringement for working past 10pm.
He could start work at 2am, I.e 9 hours after pulling card at 5pm…
Duty/driving time for the 3.5 tonner still has to be recorded by manual entry under out of scope EU, but under domestic regs.Deffo not made to look like daily rest by failing to record.
Franglais:
Doubtless some keyboards are being thumped.
Maybe there are two or three different questions?
What is wrong here?
What are the penalties?
What are the chances of being caught?
Even just giving the enforcers the suggestion of a false record.It’s no longer just an infringement investigation.
Penalties and chances of being caught see above.Might as well rob a bank to make it worth it. 
Combined domestic and EU obviously means using a tacho and a log book as required to maintain an accurate record.
By the way how do you make an accurate manual entry with a digi tacho without the graph provided by a log book or on the back of the old paper charts ?.