As you’d already done over 15 hours when you had the three hours rest i don’t think it can really be counted as a split daily rest period, apart from that you wasn’t really on rest because you was stuck in traffic and unable to freely dispose of the time, so technically it’s a break not a rest period.
I don’t know how the analysis software would view it but technically as a 9 hour rest period could not fall within the period of 24 hours I don’t see how you can have a reduced daily rest period even if you have one available.
I would have to agree with your TM that legally you need an 11 hour rest period,
I would say that taking 11 off will in no way negate your existing infringement but it will however “show willing” to any enforcement body that may examine your tacho.
tachograph:
As you’d already done over 15 hours when you had the three hours rest i don’t think it can really be counted as a split daily rest period, apart from that you wasn’t really on rest because you was stuck in traffic and unable to freely dispose of the time, so technically it’s a break not a rest period.
I don’t know how the analysis software would view it but technically as a 9 hour rest period could not fall within the period of 24 hours I don’t see how you can have a reduced daily rest period even if you have one available.
I would have to agree with your TM that legally you need an 11 hour rest period,
Thanks Tachograph.
Yes I agree entirely with your reply.
Only got just over half an hour to go and I can continue back to base.
It’s certainly been a bit of a learning curve anyway.
the maoster:
I would say that taking 11 off will in no way negate your existing infringement but it will however “show willing” to any enforcement body that may examine your tacho.
Technically there’s no reason why he should have an infringement because he’s done nothing wrong, but unless he has a TM who actually does the job rather than blindly dishing out infringements on the instruction of some computer software he’ll probably get one.
Having said that, it probably would be good advice to make a note either in a notebook or on an extra printout to keep with you to show why the regulations were deviated from just in case of a road side check. (Though I can’t imagine many people forgetting why they did a 22 hour shift)
Did anyone hear that silly bint on Jeremy vine show today…
“My daughter checked traffic Scotland, and M74 was showing as shut from junc 15…but we cracked on anyway, it was open at 15, so we thought also good…and then we came to a stop a couple of miles down the road and were stuck there all night”
tachograph:
Technically there’s no reason why he should have an infringement because he’s done nothing wrong,
Well I’m certainly no tacho guru but I would imagine that a total shift time of 22 hours may just generate an infringement or two!
You are correct though that he did nothing wrong as circumstances beyond his control caused the overrun and I’d also imagine that a printout with an explanation written on the back would more than satisfy any enforcement bods. Tacho analysis software however…
Conan the Librarian:
Did anyone hear that silly bint on Jeremy vine show today…
“My daughter checked traffic Scotland, and M74 was showing as shut from junc 15…but we cracked on anyway, it was open at 15, so we thought also good…and then we came to a stop a couple of miles down the road and were stuck there all night”
brains of a very stupid pebble!
There was a driver in the other thread last night asked if he would make it to Lesmahagow. Unanimously told no don’t even try it. Couple hours later he’s on complaining him and 11 other wagons from his firm are stuck at Beattock.
Like putting your hand in a fire then complaining you got burnt.
Conan the Librarian:
Did anyone hear that silly bint on Jeremy vine show today…
“My daughter checked traffic Scotland, and M74 was showing as shut from junc 15…but we cracked on anyway, it was open at 15, so we thought also good…and then we came to a stop a couple of miles down the road and were stuck there all night”
brains of a very stupid pebble!
There was a driver in the other thread last night asked if he would make it to Lesmahagow. Unanimously told no don’t even try it. Couple hours later he’s on complaining him and 11 other wagons from his firm are stuck at Beattock.
Like putting your hand in a fire then complaining you got burnt.
Indeed I wonder how some people get out of bed in a morning.
Take 11hrs off regardless of whether or not you could do a 9 simply because you’ve been on the go 22hrs, do printout and write reasons for going over on the printout, keep the printout on hand for 28 days then hand in.
the maoster:
I would say that taking 11 off will in no way negate your existing infringement but it will however “show willing” to any enforcement body that may examine your tacho.
Technically there’s no reason why he should have an infringement because he’s done nothing wrong, but unless he has a TM who actually does the job rather than blindly dishing out infringements on the instruction of some computer software he’ll probably get one.
Having said that, it probably would be good advice to make a note either in a notebook or on an extra printout to keep with you to show why the regulations were deviated from just in case of a road side check. (Though I can’t imagine many people forgetting why they did a 22 hour shift)
Thanks for the earlier advice.
An infringement will be raised anyway when our charts are analysed.
However, I’ve already done the printouts and nailed them to the TM’s desk!
To honest, I’m not unduly worried. I’ve got a printout to show the authorities if I should get a pull, and the events of last night are well documented anyway.