They won’t fetch us in a van if we run out of hours,because they say they’re not allowed to do that because riding as a passenger is classed as duty time, but what’s the situation if you break down. Am I supposed to find a hotel?
Or am I allowed to work over 15.…?
Whats the legal situation here?
Your still on duty, you have to tell the recovery diver to pull over and let you rest, whilst he sits their with a thumb up his arse!
ffs just get home… don’t worry about the regulatory bullshine… 
hth…
Sploom:
They won’t fetch us in a van if we run out of hours,because they say they’re not allowed to do that because riding as a passenger is classed as duty time, but what’s the situation if you break down. Am I supposed to find a hotel?
Or am I allowed to work over 15.…?
Whats the legal situation here?
Probably better answered by one of the more experienced on here but I would say that if u are still working, which essentially is not clocked out and going home then u can’t exceed 15 hours duty, but exceptional circumstances change this, I’ll search the exceptions on this law shortly unless someone else replies [emoji1303]
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Unforeseen events
7. Where an infringement of the GB domestic drivers’ hours rules occurs, the law protects from conviction in court those drivers who can prove that the infringement was due to unavoidable delay in the completion of a journey arising out of circumstances which he could not reasonably have foreseen.
8. Under Article 12 of the EU drivers’ hours Regulations, provided that road safety is not jeopardised and to enable the vehicle to reach a suitable stopping place, a driver may depart from the EU rules to the extent necessary to ensure the safety of persons, of the vehicle or its load. Drivers must note all the reasons for doing so on the back of their tachograph record sheets.
9. According to the European Court of Justice4 this provision will only apply in cases where it unexpectedly becomes impossible to comply with the rules on drivers’ hours during the course of a journey. In other words, planned breaches of the rules are not allowed. This means that when an unforeseen event occurs, it would be for the driver to decide whether it was necessary to depart from the rules.
10. Some examples of such events are delays caused by severe weather, road traffic accidents, mechanical breakdowns, interruptions of ferry services and any event that causes or is likely to cause danger to the life or health of people or animals. Note that this concession only allows for drivers to reach a suitable stopping place, not necessarily to complete their planned journey. Although a ‘Suitable stopping place’ is not defined in the EU drivers’ hours Regulations, the Regulations are quite specific about when a driver can deviate from the rules i.e. to ensure safety of persons, of vehicle or its load. Therefore, what a driver is carrying will determine where it would be suitable for them to stop; such as drivers of vehicles carrying:
• perishable loads (may need to stop near refrigeration facilities);
• high value loads (may need to stop where they can secure load)
• live animals (may need to stop where care can be provided for animals)
• passengers (may need to stop where passengers can rest and have
refreshments)
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Chris Cooke:
Unforeseen events
7. Where an infringement of the GB domestic drivers’ hours rules occurs, the law protects from conviction in court those drivers who can prove that the infringement was due to unavoidable delay in the completion of a journey arising out of circumstances which he could not reasonably have foreseen.
8. Under Article 12 of the EU drivers’ hours Regulations, provided that road safety is not jeopardised and to enable the vehicle to reach a suitable stopping place, a driver may depart from the EU rules to the extent necessary to ensure the safety of persons, of the vehicle or its load. Drivers must note all the reasons for doing so on the back of their tachograph record sheets.
9. According to the European Court of Justice4 this provision will only apply in cases where it unexpectedly becomes impossible to comply with the rules on drivers’ hours during the course of a journey. In other words, planned breaches of the rules are not allowed. This means that when an unforeseen event occurs, it would be for the driver to decide whether it was necessary to depart from the rules.
10. Some examples of such events are delays caused by severe weather, road traffic accidents, mechanical breakdowns, interruptions of ferry services and any event that causes or is likely to cause danger to the life or health of people or animals. Note that this concession only allows for drivers to reach a suitable stopping place, not necessarily to complete their planned journey. Although a ‘Suitable stopping place’ is not defined in the EU drivers’ hours Regulations, the Regulations are quite specific about when a driver can deviate from the rules i.e. to ensure safety of persons, of vehicle or its load. Therefore, what a driver is carrying will determine where it would be suitable for them to stop; such as drivers of vehicles carrying:
• perishable loads (may need to stop near refrigeration facilities);
• high value loads (may need to stop where they can secure load)
• live animals (may need to stop where care can be provided for animals)
• passengers (may need to stop where passengers can rest and have
refreshments)There u go mate, taken from .gov.uk website
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So mechanical breakdown is classed as exceptional circumstances, just make sure u do a printout and also keep a written log of what happened once u took ur card out, ur company will have defect notes if u are ever questioned so don’t worry
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Thanks for all that Chris, but I’m still unsure what to do. It does include breakdowns, but I’m 100 miles from base, they might say I should have gone in a hotel, the annoying thing is, I’m not even driving, so it’s not as if there is any danger to the public
Sploom:
They won’t fetch us in a van if we run out of hours,because they say they’re not allowed to do that because riding as a passenger is classed as duty time, but what’s the situation if you break down. Am I supposed to find a hotel?
Or am I allowed to work over 15.…?
Whats the legal situation here?
I’m a tramper, I’d have all my kit with me so I’d let them get on with it, and get them to book me in somewhere and to provide a lift home or to depot next morning, or I’d go to the garage myself after my daily rest, to sit and collect truck later on.
However…
If I was a dayman,.assuming as you are, I’d say ■■■■■■■■ to the tacho regs, whatever they are, get me home, either in the wrecker or any other and I’ll sort out the arse covering excercises in the morning.
If they gave me an option of staying in a decent hotel all expenses, I’d then weigh up the situation.
Either prioritise on a rulebook or your own welfare and well being.
Hope that helps.
All depends where you breakdown,if your liable to be causing an obstruction or on the Motorway then you don`t have much of a choice than to go over your 15
Also depends where your being towed too for repair if its a local garage,near to where you broke down,get to the garage and then taxi to a hotel,write on your print out your reason for going over 15,start again next day.
If its back to your yard then you want to ask your Boss what he wants you to do,nearest hotel or train station put it in his court
robroy:
Sploom:
They won’t fetch us in a van if we run out of hours,because they say they’re not allowed to do that because riding as a passenger is classed as duty time, but what’s the situation if you break down. Am I supposed to find a hotel?
Or am I allowed to work over 15.…?
Whats the legal situation here?I’m a tramper, I’d have all my kit with me so I’d let them get on with it, and get them to book me in somewhere and to provide a lift home or to depot next morning, or I’d go to the garage myself after my daily rest, to sit and collect truck later on.
However…
If I was a dayman,.assuming as you are, I’d say ■■■■■■■■ to the tacho regs, whatever they are, get me home, either in the wrecker or any other and I’ll sort out the arse covering excercises in the morning.
If they gave me an option of staying in a decent hotel all expenses, I’d then weigh up the situation.
Either prioritise on a rulebook or your own welfare and well being.
Hope that helps.
Very well said mate, exactly that!
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Thanks for all the replies guys. In the big wrecker now, look out for me on A14 
Regs only matter if they benefit you. 
Yes, too right, stopping at Cambridge services, then nicely back to Rugby within fifteen, cheers guys
You cannot work past 15 hours so you must tell the wrecker driver to stop. You must then chalk around the wheels to ensure you havent moved. Then you must bore the wrecker driver with tales of one hitters to Baghdad or when you missed THAT ferry because your missus gave you a morning ■■■■■■■ making you late for work…
…or so the fella in Tesco’s DC waiting room told me!
m.a.n rules:
ffs just get home… don’t worry about the regulatory bullshine…
^^^^ this