how about this this then
you are an agency driver who claims expenses to travel to the job to pick the truck up that to would be classed as traveling time and there for other work
so if an agency driver lives in Leeds is office he works for is in Leeds that would be classed as his base so if a agency driver then drove to Bradford which took him/her 20 Min’s that would be traveling time, to take over the truck would it not under article 9 be classed as traveling time would i be right
No, because the truck is based at its operating centre.
(at least i’m assuming you mean that it would be).
Driveroneuk:
Out of all this thread, i deduce that parking the truck in a truckstop at the end of a 15 hr shift, getting the wife to come pick you up, & then her (or you) driving just 10 minutes home, would be illegal, Because the operative word in law is “travelling.” (nobody else spot that?)
No, that wouldn’t be illegal because you are on rest and are free to dispose of your time as you wish, if you wish to spend that going to your house then that is fine. On a rest you can eat, sleep, walk into town, catch a train, bus, taxi, tram, hitch, get a lift to anywhere you want. You could sleep, go to the gym, play a sport, run a marathon, in fact do anything you want because it is your time to dispose of as you see fit. However, if you have worked your maximum hours, and are not at base, you need to resume work at the place you began the rest period because if you resume elsewhere there must by definition have been travelling time involved and as travelling time is other work you will have been unable to take sufficient daily rest after working maximum hours.
Driveroneuk:
Because the operative word in law is “travelling.” (nobody else spot that?)
No, I did which is why I have been trying to point out that the owner/■■■■■ driver of the vehicle is irrelevant as it is the ‘travelling’ which is important, not the vehicle or driver.
Driveroneuk:
However, if you were to park the truck at home, (for the lucky ones who can) then spend 1.5 hrs driving your car taking your neighbours to the airport, and 1.5 hrs back again, grab a few hrs sleep, then 9 hrs after parking the truck go again, that would be 100% legal.
Indeed it would be, your time to dispose of as you wish
Driveroneuk:
The law is an ■■■!
Not really, it’s a bit odd this bit but both your scenarios are legal.
So which is the rule that takes precidence when vehicle not at base or home
No travelling to or from the vehicle article 9.2 or free to dispose of time as wish article 4 (g) 
MacDoog:
What he said!!! This is the main part of the rule……is at a seperate location that is neither the drivers home nor the employers operational centre where the driver is based…
This means that if a driver has his own car bought out to him and he can freely dispose of his time then thats the start of his rest.
Yep, he parks up after 15 hours and begins his 9 hour daily rest and as he is free to dispose of his time he can do what the hell he wants, including go home if he likes.
MacDoog:
The driver cannot use a company vehicle to go back to base nor home. That is other work. The driver is not able to freely dispose of his time.
Please point out to me where in the regulations it states you cannot use a company vehicle, no mention is made regarding the ownership of the vehicle anywhere in the regulations.
For sure he cannot go back to base because that is clearly travelling time. Same if he travels home and continues to base in the morning, the journey home is travelling time.
MacDoog:
If the driver has to go back to the vehicle then the journey to that vehicle is classed as other work even in his own vehicle as the truck is not at normal base.
Rubbish. That would only apply if he had finished at base the previous shift and is travelling to pick the truck up elsewhere. In this scenario he simply parked the truck, spent his 9 hours rest as he saw fit and resumed work from the same location. No travelling time and not laws broken.
What you are saying means the majority of drivers on a night out are not getting a legal rest period because if they leave the truck and return to it for what ever reason, to go to the chip shop or pub for instance, they are travelling, which is nonsense. I had a night out in Dublin last night. I could have phoned a taxi or grabbed a lift into town from one of the van drivers, spent a few hours sightseeing, having a meal, going to the pub or pictures, possibly visiting a friend then returned to the truck to resume work. I could have done any or all that and it would be legal, I disposed of my time as I saw fit and the journey into town and back is not travelling time. That is no different to nipping home on your night out and returning to resume work.
MacDoog:
Its quite legal for that driver to start his shift at normal base after his rest.
Not in this scenario it isn’t. He has completed his maximum duty hours so must immediately start his rest period. If he goes home then goes to base for his next shift then the time to his home is clearly travelling time and is other work. His rest will not commence until he gets home so he has exceeded 15 hours duty time and can no longer fit the required daily rest into the 24-hour period. If he had parked after say 14 hours duty and driven 45 minutes home then went into work to resume 9 hours after he got home that would be legal. Journey home is travelling time so goes down as other work but he didn’t exceed 15 hours duty so can fit in the required daily rest period.
MacDoog:
Its not legal for him to drive to the original stopping place of that truck in any vehicle without declaring it as other work as the truck is not at the normal operating centre where that driver is based.
Of course it is, he is on his rest period which began when he parked the truck and can therefore do what ever he wants during those hours and if that includes driving a car anywhere and returning later that is fine.
If you check a drivers charts and the finishing place on one, in which he worked 15 hours, is Northampton and the start place on the next, which begins 9 hours later is Northampton but the vehicle is based in London, what offence has been committed? What the driver did during those 9 hours is none of your business as he is free to dispose of his time as he sees fit, he is showing a legal break so all is well is it not?
If you check a drivers charts and the finishing place on one, in which he worked 15 hours, is Northampton and the start place on the next, which begins 9 hours later is London, where the vehicle is based, then I assume you would be asking questions. Either he has driven without a chart, used a chart and binned it or there is travelling time to be accounted for all of which would mean an offence has been committed.
Again by your definition if I parked in a truck stop but decided against sleeping in the cab and instead took a taxi to a hotel and returned the next morning that would have to go down as other work. Rubbish, I started my rest when I parked at the truck stop and finished it when I resumed work the next day, what I do in between is my business as the time is mine to dispose of as I wish. According to your way of thinking a driver on a night out will have to stay in the truck because if he leaves it and returns later he must declare the time as travelling time. Note the regulations do not define travelling time as just driving, it could be walking or cycling.
MacDoog:
This was I think bought about by a case against a coach company who were getting drivers to drive down to dover from Northampton and then hopping on the coach to drive all around europe on a full shift.
Yes, Skills Coaches, but the drivers where being ferried to take over a vehicle not at base after having there rest period elsewhere and is what Article 9 now prohibits.
MacDoog:
Obviously this is all about road safety.
Actually it is mainly about stopping unscrupulous bosses making drivers work hours in excess of the regulations by making them collect a vehicle while not on tacho, then working the maximum allowed, which obviously has a road safety implication but isn’t the main reason for Article 9.
hi coffeeholic
you posted this
No, that wouldn’t be illegal because you are on rest and are free to dispose of your time as you wish, if you wish to spend that going to your house then that is fine. On a rest you can eat, sleep, walk into town, catch a train, bus, taxi, tram, hitch, get a lift to anywhere you want. You could sleep, go to the gym, play a sport, run a marathon, in fact do anything you want because it is your time to dispose of as you see fit. However, if you have worked your maximum hours, and are not at base, you need to resume work at the place you began the rest period because if you resume elsewhere there must by definition have been travelling time involved and as travelling time is other work you will have been unable to take sufficient daily rest after working maximum hours.
can i ask you this if you did what you say in the post and say you started work at 6.00am and finished at 9.00 pm, did what you want in your rest lets say go home. you must show that you have had a rest in 24 hours of 9 hours or more, but lest say you have 9 hours rest but the truck is at the yard now so you leave for work from your home to the yard and leave at 6.300am and arrive at the yard at 7.30 am when you put your card in you book on it that you did 1 hour other work cos you had to drive to work or be taken to work.
and as you have had you brake of 9 hours for the other day and today is a new 24 hour period.
and as you said you can go home so you have completed you rest requirement for that 24 hour period
Lets say you get back to the yard 14 hour day the boss asks you can you take Joe blogs truck to the garage as it in for a night service and you say yes it take you 1 hour and just by chance the garage is a five min walk home in the morning you make your own way to work as you would normally do this and catch a bus to the yard how would that be classed
Coffeeholic:
Driveroneuk:
Out of all this thread, i deduce that parking the truck in a truckstop at the end of a 15 hr shift, getting the wife to come pick you up, & then her (or you) driving just 10 minutes home, would be illegal, Because the operative word in law is “travelling.” (nobody else spot that?)No, that wouldn’t be illegal because you are on rest and are free to dispose of your time as you wish, if you wish to spend that going to your house then that is fine. On a rest you can eat, sleep, walk into town, catch a train, bus, taxi, tram, hitch, get a lift to anywhere you want. You could sleep, go to the gym, play a sport, run a marathon, in fact do anything you want because it is your time to dispose of as you see fit. However, if you have worked your maximum hours, and are not at base, you need to resume work at the place you began the rest period because if you resume elsewhere there must by definition have been travelling time involved and as travelling time is other work you will have been unable to take sufficient daily rest after working maximum hours.
However:
Any time travelling to a location:-
- to take charge of a vehicle falling within the scope of the 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. This time must be factored into the daily activity of the driver and recorded manually, if necessary, by the driver. (Art 9.2)
Any time spent by a driver driving a vehicle which falls outside the scope of the Regulation to or from a vehicle which falls within the scope of the Regulation, which is not at the driver’s home or at the employer’s operational centre where the driver is normally based, shall count as other work.
Therefore any time spent driving a car etc to reach a vehicle or returning from delivering a vehicle to a location by car by a driver must now be recorded and calculated as other work by the driver. Undertakings and drivers must factor this time in the daily work schedule. This does not include travelling to/from work in the normal course. (Art 9.3)
Which leads to my previous question -
ROG:
So which is the rule that takes precidence when vehicle not at base or home
No travelling to or from the vehicle article 9.2 or free to dispose of time as wish article 4 (g)
ROG:
So which is the rule that takes precidence when vehicle not at base or home
No travelling to or from the vehicle article 9.2 or free to dispose of time as wish article 4 (g)
There isn’t a precedence, they are about different things.
The whole crux of this thing is where the driver finishes and resumes work.
If it is the same place then he is on rest the whole time and can dispose of his time as he wishes and that can include leaving the truck, going elsewhere and returning.
If it is a different start place to the finishing place then Article 9 comes into play because teher is now clearly travelling time involved.
Here is Article 9
- By way of derogation from Article 8, where a driver
accompanies a vehicle which is transported by ferry or train,
and takes a regular daily rest period, that period may be
interrupted not more than twice by other activities not
exceeding one hour in total. During that regular daily rest
period the driver shall have access to a bunk or couchette.- 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.- Any time spent by a driver driving a vehicle which falls
outside the scope of this Regulation to or from a vehicle
which falls within the scope of this Regulation, which is not at
the driver’s home or at the employer’s operational centre
where the driver is normally based, shall count as other work.
Read Section 2 carefully and you will see it only refers to travelling to or from a location and it doesn’t say anything about where the other end of the journey is, it doesn’t have to be the drivers home.
This isn’t that complicated a question and is being confused by things being thrown into the mix such as where the driver goes and how he gets there and back, who owns the vehicle or who drives the vehicle. None of that matters as there are only two things to consider.
Driver parks vehicle not at base and takes a daily rest period before resuming at the same place. He disposes of his time as he sees fit during those rest hours. Article 9 does not come into play as he ends and resumes work in the same place so no travelling time.
Driver parks vehicle not at base and takes a daily rest period before resuming at a different place. There has clearly been travelling time so Article 9 comes into play. Whether as a result of Article 9 an offence has been committed will require further information such as hours worked and when the rest period began and was it completed within the 24-hour period as required. The mode of transport between those places does not need to be considered as to whether an offence has been committed or not because Article 9, section 2 simply refers to travelling time and makes no mention regarding ownership of vehicles, type of vehicles or who drives.
delboytwo:
can i ask you this if you did what you say in the post and say you started work at 6.00am and finished at 9.00 pm, did what you want in your rest lets say go home. you must show that you have had a rest in 24 hours of 9 hours or more, but lest say you have 9 hours rest but the truck is at the yard now so you leave for work from your home to the yard and leave at 6.300am and arrive at the yard at 7.30 am when you put your card in you book on it that you did 1 hour other work cos you had to drive to work or be taken to work.
The problem there is because you are starting work in a different place the next day the time spent travelling from the vehicle to your home will be classed as other work and you will now have exceeded 15 hours duty time - 06:00 - 21:00 plus the travelling home time - which leaves insufficient time to fit the daily rest period into the 24-hour period. The time for 06:30 - 07:30 doesn’t have to go down as other work as travelling from home to work doesn’t count as other work
delboytwo:
and as you have had you brake of 9 hours for the other day and today is a new 24 hour period.and as you said you can go home so you have completed you rest requirement for that 24 hour period
You won’t have completed a legal rest because taking the travelling home time into account you exceeded 15 hours duty time. This is why the start and finish places are important.
delboytwo:
Lets say you get back to the yard 14 hour day the boss asks you can you take Joe blogs truck to the garage as it in for a night service and you say yes it take you 1 hour and just by chance the garage is a five min walk home in the morning you make your own way to work as you would normally do this and catch a bus to the yard how would that be classed
You need to put your foot down and get Joe’s truck to the garage in less than an hour to leave you the time to walk home and not exceed 15 hours duty time for the day. The time spent driving Joe’s truck to the garage would be driving time, the 5 minutes walk to home would be other work and the time into work in the morning would not need recording as home to regular work place isn’t travelling as defined by the regulations.
Coffeeholic:
ROG:
So which is the rule that takes precidence when vehicle not at base or home
No travelling to or from the vehicle article 9.2 or free to dispose of time as wish article 4 (g)There isn’t a precedence, they are about different things.
The whole crux of this thing is where the driver finishes and resumes work.
If it is the same place then he is on rest the whole time and can dispose of his time as he wishes and that can include leaving the truck, going elsewhere and returning.
If it is a different start place to the finishing place then Article 9 comes into play because teher is now clearly travelling time involved.
Here is Article 9
- By way of derogation from Article 8, where a driver
accompanies a vehicle which is transported by ferry or train,
and takes a regular daily rest period, that period may be
interrupted not more than twice by other activities not
exceeding one hour in total. During that regular daily rest
period the driver shall have access to a bunk or couchette.- 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.- Any time spent by a driver driving a vehicle which falls
outside the scope of this Regulation to or from a vehicle
which falls within the scope of this Regulation, which is not at
the driver’s home or at the employer’s operational centre
where the driver is normally based, shall count as other work.Read Section 2 carefully and you will see it only refers to travelling to or from a location and it doesn’t say anything about where the other end of the journey is, it doesn’t have to be the drivers home.
I must be reading this wrong. 
The driver can do what he likes on rest - fine BUT the bit in blue says to me that if he travels to that vehicle, having travelled away from it then that time travelling back to it is not rest so if he travels to it during his rest time that is other work - the vehicle not being at home or base of course.
I hate reading law
ROG:
- By way of derogation from Article 8, where a driver
accompanies a vehicle which is transported by ferry or train,
and takes a regular daily rest period, that period may be
interrupted not more than twice by other activities not
exceeding one hour in total. During that regular daily rest
period the driver shall have access to a bunk or couchette.- 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.- Any time spent by a driver driving a vehicle which falls
outside the scope of this Regulation to or from a vehicle
which falls within the scope of this Regulation, which is not at
the driver’s home or at the employer’s operational centre
where the driver is normally based, shall count as other work.I must be reading this wrong.
Why am I not surprised. 
ROG:
The driver can do what he likes on rest - fine BUT the bit in blue says to me that if he travels to that vehicle, having travelled away from it then that time travelling back to it is not rest so if he travels to it during his rest time that is other work - the vehicle not being at home or base of course.
Article 9 refers to travelling to a vehicle not at base after taking your rest in another place or travelling from a location to take your rest in another place.i.e you have your rest at home then travel to pick up a truck which is not at base or park somewhere and go home to take your rest and begin in a different location. By starting and finishing your rest in the same place you have taken your rest in one location so you are not travelling to or from it. For example. Driver parks his truck in Northampton and takes his break. He resumes work in Northampton where he parked the truck the next day so he has taken his rest in one location and no travelling time is involved. What he did during those rest hours is his business as he is free to dispose of his time as he sees fit. That is why both on this and the earlier thread on this subject I keep stressing for travelling time not to be a factor the driver needs to resume work at the same place as he finished so his rest is in one location. By definition if a rest period begins and ends in the same location there cannot have been travelling time involved.
Taking your logic to it’s extreme, if a driver parks in a service area he would have to remain in the cab because if he leaves it to walk to the main building to use the toilet, shower or eat a meal and then returns to the truck then he has travelled. That would be a complete nonsense and would mean very few drivers would ever complete a legal break.
ROG:
:? I hate reading law
It’s not the reading it that causes you the problem, it’s adding in all the stuff that isn’t there in the first place, thereby over complicating it, which confuses you. I have mentioned a couple of times on this thread that this is a very simple question which is now 4 pages long partly due to stuff being thrown into the mix which isn’t even mentioned in the regulations.
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.
i have now work it out
you are aware that you are going to run out of time the boss say that he will send a driver to you you take the car and the other driver takes the truck you get home just on your 15 hours the drive from the truck was less than it would have been to the yard so this is why you did it this way to make sure the regs on hours were made
in the morning you go to the yard as the yard is your base and you are not traveling to the truck as the truck is back at base when you get to work that is the time you start
in the morning if you go to the truck to collect it then this is other work as outlined in article 9 2 ( Any time spent travelling to a location to take charge of a
vehicle falling within the scope of this Regulation)
we were not looking at the right words here the words we should be looking at is take charge
in the regs it does not say that you have to go back to the same place, but if you do then this is other work as you traveled to the truck.
the truck you drove and left there would be picked up by a driver to take back to the yard and therefore he as done the other work and in the morning you make you way to the yard as normal and then start work, as you did not go to the place were you left the truck and back to the yard and as the yard is your normal base then no other work was done
Coffeeholic:
ROG:
- By way of derogation from Article 8, where a driver
accompanies a vehicle which is transported by ferry or train,
and takes a regular daily rest period, that period may be
interrupted not more than twice by other activities not
exceeding one hour in total. During that regular daily rest
period the driver shall have access to a bunk or couchette.- 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.- Any time spent by a driver driving a vehicle which falls
outside the scope of this Regulation to or from a vehicle
which falls within the scope of this Regulation, which is not at
the driver’s home or at the employer’s operational centre
where the driver is normally based, shall count as other work.I must be reading this wrong.
Why am I not surprised.
ROG:
The driver can do what he likes on rest - fine BUT the bit in blue says to me that if he travels to that vehicle, having travelled away from it then that time travelling back to it is not rest so if he travels to it during his rest time that is other work - the vehicle not being at home or base of course.Article 9 refers to travelling to a vehicle not at base after taking your rest in another place or travelling from a location to take your rest in another place.i.e you have your rest at home then travel to pick up a truck which is not at base or park somewhere and go home to take your rest and begin in a different location. By starting and finishing your rest in the same place you have taken your rest in one location so you are not travelling to or from it. For example. Driver parks his truck in Northampton and takes his break. He resumes work in Northampton where he parked the truck the next day so he has taken his rest in one location and no travelling time is involved. What he did during those rest hours is his business as he is free to dispose of his time as he sees fit. That is why both on this and the earlier thread on this subject I keep stressing for travelling time not to be a factor the driver needs to resume work at the same place as he finished so his rest is in one location. By definition if a rest period begins and ends in the same location there cannot have been travelling time involved.
Taking your logic to it’s extreme, if a driver parks in a service area he would have to remain in the cab because if he leaves it to walk to the main building to use the toilet, shower or eat a meal and then returns to the truck then he has travelled. That would be a complete nonsense and would mean very few drivers would ever complete a legal break.
ROG:
:? I hate reading lawIt’s not the reading it that causes you the problem, it’s adding in all the stuff that isn’t there in the first place, thereby over complicating it, which confuses you. I have mentioned a couple of times on this thread that this is a very simple question which is now 4 pages long partly due to stuff being thrown into the mix which isn’t even mentioned in the regulations.
Neil, as you know i am not the resident pedant here, but may i politely ask why sect 3 does not apply in the case where the truck has not been moved during the break period?
As an aside, i notice sect 2 specifically refers to “travelling to or from,” in the case being discussed its from & to. In court, absolute wording can make a difference!
delboytwo:
i have now work it outyou are aware that you are going to run out of time the boss say that he will send a driver to you you take the car and the other driver takes the truck you get home just on your 15 hours the drive from the truck was less than it would have been to the yard so this is why you did it this way to make sure the regs on hours were made
If your working time and the time spent travelling home is no more than 15 hours total, and you have a reduced daily rest still available, then this is fine. You begin your rest period when you arrive home.
delboytwo:
in the morning you go to the yard as the yard is your base and you are not traveling to the truck as the truck is back at base when you get to work that is the time you start.
Exactly, and that must be no less than 9 hours after you arrived home and began your daily rest, you can leave home before 9 hours have elapsed but cannot start work until they have.
delboytwo:
in the morning if you go to the truck to collect it then this is other work as outlined in article 9 2 ( Any time spent travelling to a location to take charge of a
vehicle falling within the scope of this Regulation)
No necessarily. If you began your rest there when you parked the truck and you are ending your rest back at the same location this wouldn’t be travelling time. You simply spent your rest hours as you saw fit and that may or may not have included going home, or to any other place. If you travelled home and began your rest when you arrived home travelling back to the vehicle would be travelling time, and in this case you couldn’t leave home before 9 hours have elapsed.
delboytwo:
we were not looking at the right words here the words we should be looking at is take charge
That bit isn’t actually relevant in answering the original question
delboytwo:
in the regs it does not say that you have to go back to the same place,
It doesn’t say that in the regs but if you don’t want it to be travelling time you will have to resume work in the same place so all the hours in between are then rest hours and you can dispose of them as you wish.
delboytwo:
but if you do then this is other work as you traveled to the truck.
No it isn’t. You are still missing the simple point here. You start and finish your rest in the same location and if the rest is in one location there cannot by definition be travelling time. What you do during the rest period which begins and ends in the same location doesn’t come into it and is your business and yours alone. The rest begins and ends in one location and the fact you may have left that location, whether to go to the pub, the gym, the pictures or home, and then return to it doesn’t come into it. The rest would have to start and finish in different locations for there to be travelling time.
delboytwo:
the truck you drove and left there would be picked up by a driver to take back to the yard and therefore he as done the other work
No, he has done his work, which would be driving while taking the vehicle back to the yard, not your other work.
delboytwo:
and in the morning you make you way to the yard as normal and then start work, as you did not go to the place were you left the truck and back to the yard and as the yard is your normal base then no other work was done
Yes other work was done. Because you are resuming work in a different place to where you finished you will be starting and ending your daily rest period in different locations. The time spent travelling home from leaving the truck will be other work and in this case you will commence your rest period at home and end it at base.
It’s easy to understand it if you remember two things.
Rest period begins and ends in one place = no travelling time, regardless of how the driver spent those rest hours.
Rest period begins in one place and ends in another = travelling time, which will need to be recorded as other work unless there is a ferry or train involved as detailed in Article 9.
Driveroneuk:
Neil, as you know i am not the resident pedant here,
No, that’s me.
Driveroneuk:
but may i politely ask why sect 3 does not apply in the case where the truck has not been moved during the break period?
Because if a rest period begins and ends in the same place there can by definition be no travelling time. Incidentally whether the truck has moved or not isn’t the issue. It is whether you start and end your rest period in the same location. The truck could be taken from that location and returned, or another returned in it’s place. You could be collected by car or van and taken to the depot at the end of your rest period or you could catch a bus or train. The only important thing is where the rest period starts and ends and that then decides whether Article 9 is applicable.
A
You finish work on the outskirts of Northampton and begin your rest period. Your base is in Corby.
You are feeling hungry and use a taxi to get into town, 20 minutes away, where you find a nice restaurant where you enjoy a good meal.
You walk to a pub at the corner of the street and spend a couple of hours chatting up the barmaid, she sadly spurns your advances.
You hail a taxi and return to the truck and go to sleep.
You resume work 9 hours after finishing, having disposed of those 9 hours as you saw fit.
B
You finish work on the outskirts of Northampton and begin your rest period. Your base is in Corby.
You only live 20 minutes away and use a taxi to get home where you enjoy a good meal.
You walk to a pub at the corner of your street and spend a couple of hours chatting up the barmaid, she sadly spurns your advances.
You walk home and go to sleep.
You take a taxi back to the truck and resume work 9 hours after finishing, having disposed of those 9 hours as you saw fit.
There is no difference in those two scenarios and if someone had posted scenario A on here asking if it was legal I doubt anyone would have said it wasn’t. The taxi could be any form of transport, walking, bus, train, lift, stolen car and it would still be the same thing and legal, well apart from the stolen car bit.
Article 9, Section 3 covers the occasions when you travel to a place, that isn’t base, from where you have taken your rest period to begin work, or from a place, which isn’t base, where you finished work to commence your rest period. In that case the travelling time is not allowed to be counted as rest and it will be other work.
Driveroneuk:
As an aside, i notice sect 2 specifically refers to “travelling to or from,” in the case being discussed its from & to. In court, absolute wording can make a difference!
But you are using different words. The regulations use ‘or’ while you have used ‘and’. The word or will cover travelling in either direction. i.e to and from or from and to.
Does anyone else think that this is not put as clear as it could be
Be interesting to know whether others agree - or not
the answer is simplele car keys at work they can then send your car out in which you go home not at work as you in your own car
alix776:
the answer is simplele car keys at work they can then send your car out in which you go home not at work as you in your own car
Where in the rules does it make reference to who owns the car? It doesn’t and who owns the vehicle does not come into it.
How many people have their car insured for “any driver”? Not many i 'd guess as its expensive to do.