I need some advice?

If you are shunting on private land, must you abide by Tacho rules??

The driver has asked my advice. He said that about 5 hours of his working week is on public roads andthe rest is private. He wants to do overtime however if he was to abide by Tach rules he has not taken enough rest…

Any info would be greatly appreciated…

Danielle

GEMDRIVE:
If you are shunting on private land, must you abide by Tacho rules??

The driver has asked my advice. He said that about 5 hours of his working week is on public roads andthe rest is private. He wants to do overtime however if he was to abide by Tach rules he has not taken enough rest…

Any info would be greatly appreciated…

Danielle

as far as Im aware if you have put a tacho in during the week you are bound by the rules and all counts as working time. i do shunting sometimes in the yard at weekends and have to do a manual entry for it.

I would say yes as he is being paid he would also be governed by wtd as well

Thanks, that what my local VOSA office justtold me.

Where can I get an example blank tacho chart to give him?

Danielle

Whilst i have no issues helping anyone with advice i find it of concern that someone in your position has such a poor knowlage of the laws regarding lgv driving regulations i suggest respectfully that you do some homework…

DannyDoncaster:

GEMDRIVE:
If you are shunting on private land, must you abide by Tacho rules??

The driver has asked my advice. He said that about 5 hours of his working week is on public roads andthe rest is private. He wants to do overtime however if he was to abide by Tach rules he has not taken enough rest…

Any info would be greatly appreciated…

Danielle

as far as Im aware if you have put a tacho in during the week you are bound by the rules and all counts as working time. i do shunting sometimes in the yard at weekends and have to do a manual entry for it.

If he has any complete shifts that does not include driving on public roads, his day does not come under European tacho rules.
He can if it is a digi tacho, change the mode to out of scope driving to cover the unrecorded driving.
Or he can put his card in and record out of scope on to that.

That is a valid point, however it is not an issue I have ever came across before. This is the first time a have had a driver work on private land in the main of his week.
I was just ensuring that I gave correct information before advising him. He is not a driver currently working for me- He just asked my advise.
I keep records of all working time and tacho rules and regs and speak with my local Vosa office often, I was just hoping for a quick correct repsonce from people like yourself with a great deal of expereince.

Danielle

If he’s driving on private land he doesn’t even need a licence, never mind a tacho.

^ +1

If part of his week is driving he is still governed by the WTD and would have to record the shunting as other work

weeto:

DannyDoncaster:
as far as Im aware if you have put a tacho in during the week you are bound by the rules and all counts as working time. i do shunting sometimes in the yard at weekends and have to do a manual entry for it.

If he has any complete shifts that does not include driving on public roads, his day does not come under European tacho rules.
He can if it is a digi tacho, change the mode to out of scope driving to cover the unrecorded driving.
Or he can put his card in and record out of scope on to that.

Not so weeto. As soon as you come under the scope of EU Drivers regs for any part of the working week you must keep records for the whole of that week (Monday-Sunday). What you are suggesting may be custom and practice but it isn’t legal.

Driving
‘Driving time’ is the duration of driving activity recorded either by the recording equipment or manually when the recording equipment is broken. Even a short period of driving under EU rules during any day by a driver will mean that he is in scope of the EU rules for the whole of that day and must comply with the daily driving, break and rest
requirements; he will also have to comply with the weekly rest requirement and driving limit.

from page 17. businesslink.gov.uk/Transpor … 1111_3.pdf. The driving hours for the day, the rest of the week for the REST periods. Hope that helps.

GEMDRIVE:
Thanks, that what my local VOSA office justtold me.

Where can I get an example blank tacho chart to give him?

Danielle

Anologue charts are widely available from both service areas and online transport industry outlets, as are digital tachograph rolls. If your driver has a digital tacho card he could use any digital tacho head to make manual entries for the day/week straight onto his card.

if i am in a queue or very near to my destination
and approaching 4.5 hours driving
i take my card out
drive a bit more and back up to the bay or park up
then 47 minutes after i took the card out
i put it back in
and when i do the entry for the 47 minutes that the card was out
i select the bed symbol to say i was on break

i bet everyone does that

bjd:
Whilst i have no issues helping anyone with advice i find it of concern that someone in your position has such a poor knowlage of the laws regarding lgv driving regulations i suggest respectfully that you do some homework…

And surely asking questions on a professional drivers forum would count as part of doing your homework?

GEMDRIVE:
If you are shunting on private land, must you abide by Tacho rules??

The driver has asked my advice. He said that about 5 hours of his working week is on public roads andthe rest is private. He wants to do overtime however if he was to abide by Tach rules he has not taken enough rest.

Any DAY in which the driver comes under EU regs means that all off road driving for that DAY needs to be recorded IF USING A VEHICLE THAT COMES UNDER THOSE REGS

If the private yard shunting is done with a trelborg shunter or similar then it counts as other work

If the private yard shunting is done with a road standard artic unit and no public road work was done that day then its all other work and only needs to be officially recorded if any EU regs work was done in that FIXED WEEK

villa:
if i am in a queue or very near to my destination
and approaching 4.5 hours driving
i take my card out
drive a bit more and back up to the bay or park up
then 47 minutes after i took the card out
i put it back in
and when i do the entry for the 47 minutes that the card was out
i select the bed symbol to say i was on break

i bet everyone does that

And the missing mileage is explained how?

villa:
if i am in a queue or very near to my destination
and approaching 4.5 hours driving
i take my card out
drive a bit more and back up to the bay or park up
then 47 minutes after i took the card out
i put it back in
and when i do the entry for the 47 minutes that the card was out
i select the bed symbol to say i was on break

i bet everyone does that

What is the greater offence you would be committing? Exceeding the driving hours without a break or creating a false record. As Danny says how do you explain the missing mileage.

villa:
if i am in a queue or very near to my destination
and approaching 4.5 hours driving
i take my card out
drive a bit more and back up to the bay or park up
then 47 minutes after i took the card out
i put it back in
and when i do the entry for the 47 minutes that the card was out
i select the bed symbol to say i was on break

i bet everyone does that

I’ll bet they don’t, unless they’re very very stupid. :unamused:

villa:
if i am in a queue or very near to my destination
and approaching 4.5 hours driving
i take my card out
drive a bit more and back up to the bay or park up
then 47 minutes after i took the card out
i put it back in
and when i do the entry for the 47 minutes that the card was out
i select the bed symbol to say i was on break

i bet everyone does that

LOL!!! Wind up surely■■?

schrodingers cat:

villa:
if i am in a queue or very near to my destination
and approaching 4.5 hours driving
i take my card out
drive a bit more and back up to the bay or park up
then 47 minutes after i took the card out
i put it back in
and when i do the entry for the 47 minutes that the card was out
i select the bed symbol to say i was on break

i bet everyone does that

I’ll bet they don’t, unless they’re very very stupid. :unamused:

I’ll bet they do, it’s always been done, I think you would have better odds winning the euro millions jackpot, than getting caught fiddling by VOSA.
How ever they would be stupid to tell some one they have done it.