I’ve had a miserable week and resigned from my job. I’ve ended up with 3 infringements. But I am not sure what fines I face if stopped by DVSA in the remaining 28 day period.
1] I was doing a delivery in Tottenham and there was no place to stop and late due to traffic. I got a 15 min in whilst they were unloading but then had to leave. I made for the nearest service station and was over driving time by 25 mins. Took a 45 at the service station being continuing. Did a printout and recorded all the times and locations.
2] Exceeded 15 hours in a day on working time by about 15 mins.
3] Somehow I was then at 62 hours working time for the week.
Through no fault of my own I had to spend extra time securing loads and lost track of time.
In 5 years driving the only infringements I have had is when doing recovery work. Being called out at night to accidents is slightly different (unforeseen recovery circumstances described as per DFE Dec 2019 document). I would record the police job number on a printout and leave it at that. One could wait around for forensic for several hours until required to shift wreckage. Then take 9-11 hours of rest (which meant one wouldn’t work and get paid the following day - hence why I stopped doing it).
I can’t see how one can do deliveries in Greater London and not get caught up in traffic.
I’d be grateful for any advice from folk who drive in the South East. I have tried to take break before the M25 but one can still be caught out.
Assuming that these are the only offences (in the 28 day period), if you were stopped, they would take a note of the £100 offences, but they couldn’t enforce them because you only have two. You would need four before they could be enforced.
They may take the attitude that both were avoidable. In any case, even with a run of bad luck, these are not enforceable on their own. The stop would not affect the operator in any way either.
On the subject of going over the 15 hours, even though wtd isn’t enforced. I got an infringement for doing 15 hours 30min (took tesco 3 hours to start tipping me) but when i got the naughty boy form from my company it said “minimum daily rest not taken” even though i had 12 hours off before the shift and had the full next day off after, but obviously your daily rest is recorded in a 24 hour period so i didn’t have enough rest apparently. Money making racket.
I doubt you’d really face any fines if you were stopped because the only one that could be enforced, you have a valid reason for. If you’re worried about getting a fine then you could always get some shifts on a van through agency?
If you go over 15 hours, then of course it is impossible to get the minimum nine hours rest within the 24 hour period since you started your shift. I must emphasise that this is an EU rule though, which is something the DVSA can look at.
MegaHips:
On the subject of going over the 15 hours, even though wtd isn’t enforced.
As above, unless you’re multi-manning you cannot work more than 15 hours and still have the required daily rest period.
Sufficient daily rest is part of the drivers regulations not part of the WTD.
Sent from my mobile.
I understand that sufficient daily rest isn’t WTD, obviously going over 15 hours becomes a problem with daily rest even though it may seem like a problem with exceeding working time (what i initially thought before i got it in writing.) My only gripe is that no matter how much rest you have after going over 15 hours, it’s impossible to have sufficient rest according to eu regs because it is all calculated within a 24hr period.
augcic:
Britain is the only country in Europe enforcing these rules by the letter …
question is what happens if a British lorry breaks the rules in Europe do they turn a blind eye? I suspect not.
Of course limiting the number of hours you can work is in the interest of the mp’s and companies back pockets. if a driver can only work x number of hours then you can claim there is a driver shortage and import drivers and pay them peanuts.
It will be interesting to see what happens in April when the minimum wage goes up and the companies that expect you to work 60 hours a week for a fixed salary fall short of the minimum wage.
Noremac:
Assuming that these are the only offences (in the 28 day period), if you were stopped, they would take a note of the £100 offences, but they couldn’t enforce them because you only have two. You would need four before they could be enforced.
They may take the attitude that both were avoidable. In any case, even with a run of bad luck, these are not enforceable on their own. The stop would not affect the operator in any way either.
Thank you all for your feedback.
What are the £100 offences? I thought it was £300 per day for any offence. Is a WTD offence a £100 and driving offence £300? If I have understood correctly one is permitted 4 WTDs offences in a 28 day period.
jessejazza:
What are the £100 offences? I thought it was £300 per day for any offence. Is a WTD offence a £100 and driving offence £300? If I have understood correctly one is permitted 4 WTDs offences in a 28 day period.
I’ve no idea where you get your information from but you need to find a new source of information.
Your offence numbered 2 is not a WTD offence. There is no such rule about a 15 hour day. If you do exceed 15 hours, you cannot get a daily rest of 9 hours, so you break that rule, which is an EU drivers’ hours rule.
As several other posters have mentioned DVSA are not interested in WTD.
jessejazza:
If I have understood correctly one is permitted 4 WTDs offences in a 28 day period.
No, you are not allowed four £100 offences. You would be fined if you had four historical offences, as I mentioned before.
Edit: Note current offences at point of stop always fined.
Did you do a print out & write on the back hand copy to transport office & keep copy for self also make a not of what you have done in dairy or note book
62 hours yep ok so what is your average over the period ( 17 or 26 weeks )
animal:
Did you do a print out & write on the back hand copy to transport office & keep copy for self also make a not of what you have done in dairy or note book
62 hours yep ok so what is your average over the period ( 17 or 26 weeks )
60 hours work (driving, other work) is the max regardless of your average.
animal:
Did you do a print out & write on the back hand copy to transport office & keep copy for self also make a not of what you have done in dairy or note book
62 hours yep ok so what is your average over the period ( 17 or 26 weeks )
60 hours work (driving, other work) is the max regardless of your average.
DRIVERS are not expected to keep tabs on the WTD averages or weekly limits - that is for the company computers to do
As I stated in my last post - there are no sanctions for WTD breaches
Money making racket.