Legal or not?

Got a quick question and I know I should know this after nearly 10 years of driving but I don’t :blush: :blush:

I’m parked up in a MSA after running out of driving hours (10) and duty time (15). Call up the office to explain and because the trailer has to be back they are going to send a driver out in company car to bring trailer back and I drive company car back. Now I know that is illegal but is it legal to be driven back in company car as a passenger?

tezza:
Got a quick question and I know I should know this after nearly 10 years of driving but I don’t :blush: :blush:

I’m parked up in a MSA after running out of driving hours (10) and duty time (15). Call up the office to explain and because the trailer has to be back they are going to send a driver out in company car to bring trailer back and I drive company car back. Now I know that is illegal but is it legal to be driven back in company car as a passenger?

You can sit as pssenger in the car as its not classed as work but you cant drive the car back to the yard

Damm :frowning:

Cheers TT

taffytrucker:

tezza:
Got a quick question and I know I should know this after nearly 10 years of driving but I don’t :blush: :blush:

I’m parked up in a MSA after running out of driving hours (10) and duty time (15). Call up the office to explain and because the trailer has to be back they are going to send a driver out in company car to bring trailer back and I drive company car back. Now I know that is illegal but is it legal to be driven back in company car as a passenger?

You can sit as pssenger in the car as its not classed as work but you cant drive the car back to the yard

Are you sure Taffy?

I thought, because it was a company vehicle, you couldn’t. How would it be any different to being passenger in the truck?

I’d double check that info Tezza… Coffee might nip on before he goes work, he’s usually good with this kind of ■■■■ :smiley:

taffytrucker:

tezza:
Got a quick question and I know I should know this after nearly 10 years of driving but I don’t :blush: :blush:

I’m parked up in a MSA after running out of driving hours (10) and duty time (15). Call up the office to explain and because the trailer has to be back they are going to send a driver out in company car to bring trailer back and I drive company car back. Now I know that is illegal but is it legal to be driven back in company car as a passenger?

You can sit as pssenger in the car as its not classed as work but you cant drive the car back to the yard

there is a topic on this, quite a large thread but i thought if you run out of both driving and duty time he would be on rest not break, and the time being a passenger in a company car to clocking off at work would be classed as “other work” :question: :neutral_face: :neutral_face: but i stand to be corrected by the legal bods.

tezza:
going to send a driver out in company car to bring trailer back

he pulling the trailer back on a bit of rope :question: he’d be better of driving the unit back attached to the trailer :exclamation: :wink: :laughing:

My understanding is that you cannot be carried as a passenger in a car if your duty time is up, and VOSA once gave me a friendly warning because my weekend break started at Aylesford and I started on work Monday from Sittingbourne, with 30km of missing mileage.

They asked why, so I explained that I had dropped the truck off at Volvo for a service, and my boss collected it on the Saturday and drove it back to the yard.

They then asked how I had got from Aylesford back to the yard on Friday, and I explained that my boss’s brother had collected me in his car.

They told me that this is classed as other work, and I should have made a manual entry covering it on the back of the tacho card.

I didn’t get nicked, presumably because I passed the “attitude test”.

I believe there was a test case involving a coach company confirming the same thing.

Your digi card doesn’t show where you begin or finished so whats the prob or am I missing something here since I don’t do ‘digi’.

Armagedon:
Your digi card doesn’t show where you begin or finished so whats the prob or am I missing something here since I don’t do ‘digi’.

Judging by the ■■■■ post, I’m guessing he didn’t want to do it :wink:

Also, let’s say your 15hrs is up, and you’re an hour from the yard, they then pick you up in a car, back to yard, in your car, home, but starting work 9hrs from when you got out of the truck … :open_mouth:

Armagedon:
Your digi card doesn’t show where you begin or finished so whats the prob or am I missing something here since I don’t do ‘digi’.

newer digi tachos do, althought not widely know it stores on your card the gps location of the place you ejected your card and the place you next put it in :wink:

waynedl:

taffytrucker:

tezza:
Got a quick question and I know I should know this after nearly 10 years of driving but I don’t :blush: :blush:

I’m parked up in a MSA after running out of driving hours (10) and duty time (15). Call up the office to explain and because the trailer has to be back they are going to send a driver out in company car to bring trailer back and I drive company car back. Now I know that is illegal but is it legal to be driven back in company car as a passenger?

You can sit as pssenger in the car as its not classed as work but you cant drive the car back to the yard

Are you sure Taffy?

I thought, because it was a company vehicle, you couldn’t. How would it be any different to being passenger in the truck?

I’d double check that info Tezza… Coffee might nip on before he goes work, he’s usually good with this kind of [zb] :smiley:

As far as I know you can. I was informed this by a Stobbarts driver who was stranded from the yard often and got informed by he said VOSA that he couldnt drive a car back but could be driven. So I’m going by word of mouth :unamused:

legally you can’t drive the company car, and you can’t be a passenger in it either.
you could drive your own car.
you could get a train. as long as it has a bunk or couchette.
the chance of getting caught is roughly [zb] all %.

tezza:
Got a quick question and I know I should know this after nearly 10 years of driving but I don’t :blush: :blush:

I’m parked up in a MSA after running out of driving hours (10) and duty time (15). Call up the office to explain and because the trailer has to be back they are going to send a driver out in company car to bring trailer back and I drive company car back. Now I know that is illegal but is it legal to be driven back in company car as a passenger?

If you’ve run out of duty time legally you should park up and have your daily rest, travelling back to base is counted as other work, so unless you can get back to base and still have the required daily rest period after arriving it’s an offence, it doesn’t matter whether you’re driving the car or whether you’re a passenger in the car, nor does it matter who the car belongs to it’s an offence either way.

Where a vehicle coming within the scope of the EU rules is neither at the driver’s home nor at the employer’s operational centre where the driver is normally based, but is at a separate location, time spent travelling to or from that location to take charge of the vehicle 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.

Having said that given the choice between sleeping in a cab on a cold night or sleeping at home I know which I’d choose :wink:

Cruise Control:

Armagedon:
Your digi card doesn’t show where you begin or finished so whats the prob or am I missing something here since I don’t do ‘digi’.

newer digi tachos do, althought not widely know it stores on your card the gps location of the place you ejected your card and the place you next put it in :wink:

I didn’t know that, many thanks…not as i’m in the habit of fiddling but something to be aware if subjected to interrogation.

waynedl:

Armagedon:
Your digi card doesn’t show where you begin or finished so whats the prob or am I missing something here since I don’t do ‘digi’.

Judging by the ■■■■ post, I’m guessing he didn’t want to do it :wink:

Also, let’s say your 15hrs is up, and you’re an hour from the yard, they then pick you up in a car, back to yard, in your car, home, but starting work 9hrs from when you got out of the truck … :open_mouth:

Yes your’e correct. By the time the car had arrived it was 5pm and I had started at midnight so I was a bit miffed.
It would seem from the replies that from a legal standpoint I could have refused.

tezza:

waynedl:

Armagedon:
Your digi card doesn’t show where you begin or finished so whats the prob or am I missing something here since I don’t do ‘digi’.

Judging by the ■■■■ post, I’m guessing he didn’t want to do it :wink:

Also, let’s say your 15hrs is up, and you’re an hour from the yard, they then pick you up in a car, back to yard, in your car, home, but starting work 9hrs from when you got out of the truck … :open_mouth:

Yes your’e correct. By the time the car had arrived it was 5pm and I had started at midnight so I was a bit miffed.
It would seem from the replies that from a legal standpoint I could have refused.

and if VOSA had pulled that truck for routine check on way back to yard and they see the driver just started driving they’d bound ask about the other driver…and how he got home as downloading the tacho head they could see his duty time and driving time was up… they’d conclude he must of used clicked his heels twice and wished he was at home :exclamation: :laughing:

I think that you are able to drive a company vehicle (not the truck obviously) but NOT back to the yard.
Certain that I read somewhere that it was legal to drive to your home address, for example, as this is no different from driving from your workplace to home if your hours are up in the yard.

How would they ever find out?

What if you had gone in a taxi?

What you do when you finish work is nobody’s business but yours. If I had a government official ask me how I got to work I would fail “the attitude test” without a doubt.

It’s like dealing with officials anywhere, you have to know where to draw the line or they will mug you off all day.

i wouldn’t lose any sleep over the fact that you got driven back home, illegal or not!! as some one else pointed out likelyhood of ever getting picked up on it is very slim, if you just write an explaination on your card or print out ran out of time due to traffic ect, so long as mr vosa man see that you know you did wrong they normally don’t say a word, its when you try to hide things they get upset :unamused: :unamused: :unamused: :unamused:

they could have picked you up in a caravanette tucked you up in bed and then drove you back … simples :wink:

do i have to think of everything myself :unamused:

Cruise Control:

Armagedon:
Your digi card doesn’t show where you begin or finished so whats the prob or am I missing something here since I don’t do ‘digi’.

newer digi tachos do, althought not widely know it stores on your card the gps location of the place you ejected your card and the place you next put it in :wink:

Proof? :confused: