Forced over hours!

On friday due to a lot of faffing about and having 3 defect lorries i started my shift at 5am but didnt leave Harlow till 11.40 !!! :imp: had a run to lowestoft and ended up with only 3 drops. neded to be back inyard by 8pm (15hrs) with road works and a few accidents on the way there and back i had to stop at Bishop Storford svs and pull my tacho at 8pm, i had been calling my transport office most of the day and expressed concern about getting back in time, i left 3 hrs for return journey and told them no matter how many drops i had done i was turning round at 5pm , even if i was 1 mile from last drop! they said i would be ok cos the computer said so!! the same computer that routes all runs at 56mph no matter what road your on!! :frowning:

glad i did as got stuck on A11 in traffic/accident.

As usual i asked them to get someone out to me with a car so i can begin rest and go home, they couldnt get anyone to pick me up - no car and i cant get picked up in a company vehicle and be driven back as i would still be working technically-
eventually someone came out to get me in a private car and drove me back- it was my only option and im pretty sure it should not have been done- finished back at yard 9pm 1 hour over!!!

didnt clock out but am fed up with this happening company dont have a contingincy plan for running over and dont give a toss, think i need a long chat with a friendly VOSA man!! :smiling_imp:

Big company, transport managers a tool !!

what to do!!

demonbiker:
As usual i asked them to get someone out to me with a car so i can begin rest and go home, they couldnt get anyone to pick me up - no car and i cant get picked up in a company vehicle and be driven back as i would still be working technically-

Company vehicle or not makes no difference, you would still be working and would need recording as other work. That applies even if you drove a car which had been brought out to you to your house, you would not be on rest until you got to your house.

demonbiker:
what to do!!

If you run out of hours, or look likely to, the only option is to park up and have a night out, or turn round and head for base in plenty of time regardless of what anybody says. It’s your decision, nobody else’s.

Coffeeholic:

demonbiker:
As usual i asked them to get someone out to me with a car so i can begin rest and go home, they couldnt get anyone to pick me up - no car and i cant get picked up in a company vehicle and be driven back as i would still be working technically-

Company vehicle or not makes no difference, you would still be working and would need recording as other work. That applies even if you drove a car which had been brought out to you to your house, you would not be on rest until you got to your house.

demonbiker:
what to do!!

If you run out of hours, or look likely to, the only option is to park up and have a night out, or turn round and head for base in plenty of time regardless of what anybody says. It’s your decision, nobody else’s.

ermmm what he said

demonbiker said:

think i need a long chat with a friendly VOSA man!!

You could always talk to me :smiley:

Failing that Neils’ answer is spot on. Clearly your employer doesn’t seem capable of sorting out their obligations under both drivers hours and operator licencing rules.

Coffeeholic:
you would not be on rest until you got to your house.

■■?

So if I live an hour away from base then I can’t do more than 14hrs in a day because it will take me an hour to get home and that counts as working time?

Me thinks one is talking out of one’s arse!! :laughing:

Rob K:

Coffeeholic:
you would not be on rest until you got to your house.

■■?

So if I live an hour away from base then I can’t do more than 14hrs in a day because it will take me an hour to get home and that counts as working time?

Me thinks one is talking out of one’s arse!! :laughing:

And me thinks one may want to read the post again, if one runs out of hours before getting back to base, and a car is brought out to one, which one then drives home, it’s classed as other work :stuck_out_tongue: :wink:

Rob K:

Coffeeholic:
you would not be on rest until you got to your house.

■■?

So if I live an hour away from base then I can’t do more than 14hrs in a day because it will take me an hour to get home and that counts as working time?

Me thinks one is talking out of one’s arse!! :laughing:

You didn’t quote all of it so you missed the point, this is the bit you missed.

Coffeeholic:
That applies even if you drove a car which had been brought out to you to your house,

Note the bit in bold.

Going to your house from the regular operating centre for the vehicle or driver is not classed as other work, you got back to base and clocked off. Running out of time elsewhere and then making your way home from that point is. If that wasn’t the case bosses could have you running out of hours anywhere and then expecting you to make your own way home while they recovered the vehicle.

Don’t blame me, I didn’t write the rules. :wink: :stuck_out_tongue:

If you run out of hours, or look likely to, the only option is to park up and have a night out, or turn round and head for base in plenty of time regardless of what anybody says. It’s your decision, nobody else’s.
[/quote]

I turned round with 3 hours to get back from Lowestoft to Harlow, but go caught in a accident on A11 held up for a bit, kept calling my transport to get someone out to me- nothing done.

couldnt have night out in a daycab and have already had a night out before due to these muppets in a ■■■■■■ travel lodge at Heston- no food no money and they came and picked up truck, I also had to get back as i was sitting my kids as wife was going out at 8- my run was due to finish at 2!!!

if i think the run cannot be completed legally and in time given can i refuse to do it or do i just do what i can then bring rest of drops back? i suspect the latter the best option!

I thought if they came out and gave you a car and said go home you were on rest? as you can dispose of your free time as you wish?

O holder said to me today that i can be picked up in a non company vehicle, by a member of staff and driven back and its ok because i can ask the driver to stop and let me out for shopping or whatever so its legal- what a load of tosh!!
Had words with O holder today and not in so many words said if we were to run completely legal we would all be out of a job!! :imp: Im fuming! :imp:

they know things arent right but wont do anything in case it costs them money, i get branded a trouble maker because i stand up and say when things are wrong and wont lose my licence for these mugs!
ther your trying to get us shut down quote was banded around and i said if your doing things properly you have nothing to worry about… if i were the O holder i would be worried!!

trouble with most people at my place is they have it cushy and will just do things and put up with things because we are on a 4 day week for £30k
some stand up and have there say but big company versus small employee is the best situation.

If the run can’t be done legally within the allotted hours, then you need to sort it out with your employer, easier said than done sometimes but …

Page 37
Travelling time

In cases where a vehicle that comes within the scope of EU rules is at a separate location that is neither
the driver’s home nor the employer’s operational centre where the driver is normally based, the time the
driver spends travelling to or from that location 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.

Article 9 REGULATION (EC) No 561/2006

  1. Any time spent travelling to a location to take charge of a
    vehicle falling within the scope of this Regulation, or to return
    from that location, when the vehicle is neither at the driver’s
    home nor at the employer’s operational centre where the
    driver is normally based, shall not be counted as a rest or
    break unless the driver is on a ferry or train and has access to a
    bunk or couchette.

As “Coffeholic” says when your 15 hrs are up you can,t be picked up in any car or vehicle to go back to base as you are still on duty in your employers vehicle !

Firstly if your co. are sheduling your work so it “Can,t” be achieved legally then they are in breach of their “O” licence requirements as all “Scheduled” runs must be able to be accomplished “Legally” .

Quite rightly you should have parked up and had a night out and if they took the vehicle when you were off duty you should then tell them to pick you up in the same vehicle they expected you to go back to base in!

Thw law doesn,t allow for you to be collected and then taken or driven home or anywhere else as if you drove home then drove to work the following day you would still be under your employers jurisdiction.

Just learn to say “NO” to your employers as if you lose your licence they just employ another driver to take your place and you if lose your job they won,t worry about you .