Driving hours issue

This relates to a coach:

My week started 0800 saturday, therefore tomorrow (Thursday) is my 6th day. Technically I cannot drive past 0800 on Friday as 0801 is my 7th day.

I urgently need to get home (Leaving London at 1800 Thursday) but won’t make it in my 15 hour spread over (I’d need an extra hour to hit Glasgow) as I will start at 0800 Thursday and I need to stop at 0000 when the 15 hours are up. I’ll be doing minimal driving between 0800 - 1800, mostly sitting around. I have plenty time on the 56 hour limit for this week.

Is there ANY way/means I can drive on my 7th day as I will not be carrying passengers, nor will I be getting paid…

stagedriver:
This relates to a coach:

My week started 0800 saturday, therefore tomorrow (Thursday) is my 6th day. Technically I cannot drive past 0800 on Friday as 0801 is my 7th day.

I urgently need to get home (Leaving London at 1800 Thursday) but won’t make it in my 15 hour spread over (I’d need an extra hour to hit Glasgow) as I will start at 0800 Thursday and I need to stop at 0000 when the 15 hours are up. I’ll be doing minimal driving between 0800 - 1800, mostly sitting around. I have plenty time on the 56 hour limit for this week.

Is there ANY way/means I can drive on my 7th day as I will not be carrying passengers, nor will I be getting paid…

I think you will find you will have to stop at 23.00 as that is 15 hrs and not 00.00 as that would be 16 hrs

True, my mistake

I’m afraid that I can’t find anything that would suggest that a blind eye would be turned to you working past the six 24 hour periods in these circumstances.

I can only suggest that you try to get someone to pick you up and drive the vehicle back, legally you would still need to be back at base before your working time was up, but what the eye doesn’t see … :wink:

I wasn’t sure because effectively on day 7 I’m not working, I’m making my way home in a company vehicle and not being paid. Can stop at my own leisure…

tachograph:
I’m afraid that I can’t find anything that would suggest that a blind eye would be turned to you working past the six 24 hour periods in these circumstances.

I can only suggest that you try to get someone to pick you up and drive the vehicle back, legally you would still need to be back at base before your working time was up, but what the eye doesn’t see … :wink:

tacho it would be legal for his company to say drive his car out to him and then for him to drive directly home, or say get a taxi directly home, but not for him to ride back to the yard in a company vehicle, I think, but I know you will put me right if I am wrong :laughing: :laughing:

stagedriver:
I wasn’t sure because effectively on day 7 I’m not working, I’m making my way home in a company vehicle and not being paid. Can stop at my own leisure…

no your not you still have 9 hrs left of day 6 which should be daily rest and not driving a company vehicle regardless whether your being paid or not, :sunglasses: :sunglasses: :sunglasses:

Needs to be a pretty strong one.

Just need to hope for the best!

Sorry to disappoint both of you but whether you’re getting paid or not doesn’t come into it, nor does the fact that the company brought your own car out to you.

Travelling time to take charge of a vehicle, or travelling back to base or home after relinquishing control of a vehicle that’s neither at base or the drivers home cannot be regarded as break or rest.

The only way you could legally circumvent this rule would be to go home and them return to the same location after your weekly rest period to continue the journey, but I’m guessing that’s not an option for you.

Surely your company aren’t going to want the vehicle stuck an hour from base for 24 hours if they can arrange to recover you legally :confused:


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Travelling time

Drivers of passenger-carrying vehicles are often required to be relocated to a vehicle they are required to drive or from a vehicle they have driven.
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.
21

For example: If a coach driver had to drive for 1 hour by car to pick up a coach from a location that was not at the driver’s home or his normal operating base then this driving would count as other work. Similarly, if he had to drive back by car from a location that was not his normal operating base, this would count as other work.

tachograph:
Sorry to disappoint both of you but whether you’re getting paid or not doesn’t come into it, nor does the fact that the company brought your own car out to you.

Travelling time to take charge of a vehicle, or travelling back to base or home after relinquishing control of a vehicle that’s neither at base or the drivers home cannot be regarded as break or rest.

The only way you could legally circumvent this rule would be to go home and them return to the same location after your weekly rest period to continue the journey, but I’m guessing that’s not an option for you.

Surely your company aren’t going to want the vehicle stuck an hour from base for 24 hours if they can arrange to recover you legally :confused:


Page 21- Here
:
Travelling time

Drivers of passenger-carrying vehicles are often required to be relocated to a vehicle they are required to drive or from a vehicle they have driven.
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.
21

For example: If a coach driver had to drive for 1 hour by car to pick up a coach from a location that was not at the driver’s home or his normal operating base then this driving would count as other work. Similarly, if he had to drive back by car from a location that was not his normal operating base, this would count as other work.

I don’t see where it states the coach must be left there and can’t be recovered. It says if he has to fetch it from a place other tjan his normal starting place then travelling time is classed as other work. There is a difference. I would be keeping her lit all the way… surely a coach can cover around 900k a day on a 10hr drive with no issues?

NewLad:
I don’t see where it states the coach must be left there and can’t be recovered. It says if he has to fetch it from a place other tjan his normal starting place then travelling time is classed as other work. There is a difference. I would be keeping her lit all the way… surely a coach can cover around 900k a day on a 10hr drive with no issues?

I didn’t say the coach cannot be recovered, but the driver cannot legally be taken back to base or home if he’s run out of hours, so one way of getting round it is for the driver to make his own way home in his own time then return to the same location that he left the vehicle to continue the journey after the weekly rest period.

The reason he can do this is because obviously you’re free to spend your rest time as you wish, so there’s nothing illegal about making your own way home, but the travelling time rule would mean that the journey would have to continue from the same location after the rest period.

Have you told you boss about this and what has he said? Sure theres a reason but why cant you leave earlier?

Would this work …

Stop 1 hour away from base - 2nd driver comes in car to take over - 1st driver books off and takes weekly rest - goes home in car

After weekly rest 1st driver manually inputs 1 hour of other work before starting the shift

If on digi how could VOSA pick up on anything amiss ?

To be honest if it was me I’d just arrange for the company to recover both the vehicle and me and then enjoy the weekend.

I realise it’s technically illegal, but as I said earlier, what the eye doesn’t see … :wink:

What if the bus mysteriously brakes down an hour from base and needs towing back?

Shoshaye:
What if the bus mysteriously brakes down an hour from base and needs towing back?

No exemption in the EU regs laws for that so the driver would legally still need to abide by them

stagedriver:
This relates to a coach:

My week started 0800 saturday, therefore tomorrow (Thursday) is my 6th day. Technically I cannot drive past 0800 on Friday as 0801 is my 7th day.

I urgently need to get home (Leaving London at 1800 Thursday) but won’t make it in my 15 hour spread over (I’d need an extra hour to hit Glasgow) as I will start at 0800 Thursday and I need to stop at 0000 when the 15 hours are up. I’ll be doing minimal driving between 0800 - 1800, mostly sitting around. I have plenty time on the 56 hour limit for this week.

Is there ANY way/means I can drive on my 7th day as I will not be carrying passengers, nor will I be getting paid…

center of london to the center of glasgow will be about 7.5 hrs plus 45 break(8hrs 15mins) based on 60mph motorway speed you should easily do it on a 9hr driving shift leaving 6 hrs 45 of your 15hr spread ,so when you say “mostly sitting around” with Tacho on POA or other work how much are you anticipating ?

someone check those times 'cos my head is cooked driving Horsham to Newcastle :wink:

tachograph:
To be honest if it was me I’d just arrange for the company to recover both the vehicle and me and then enjoy the weekend.

I realise it’s technically illegal, but as I said earlier, what the eye doesn’t see … :wink:

same here ,plenty of times if i run out of drive time near the base then they send a van out and we swap

martyh:

tachograph:
To be honest if it was me I’d just arrange for the company to recover both the vehicle and me and then enjoy the weekend.

I realise it’s technically illegal, but as I said earlier, what the eye doesn’t see … :wink:

same here ,plenty of times if i run out of drive time near the base then they send a van out and we swap

Running out of driving time but still having enough other work time left is ok because driving a vehicle out of scope of EU regs is other work

The OP was referring to running out of all the time available because rest was now due