What the rules/ law on this, 4 hrs into daily rest and in fear of being blown over , can we just write on printout , moved to lower ground as at threat of being blown over ta
I don’t think there is a specific “law” on this, although I would expect it all to come under the definition of what is legally “reasonable”. In unforeseen circumstances, you’re allowed to go over your driving time (which is what you’re basically doing) to find a safe place to park. If you were to drive a short distance, then it would probably be OK. Doing 100 miles would be seen as taking the proverbial.
If you’re still within your 15-hour shift length, you could re-start your nightly rest, and then you would be 100% legal (it would only need to be a 9-hour rest even if you’ve already done three 15-hour days, since you can do a spreadover).
You could treat it as a “broken rest for boarding a ferry/train” and follow those rules; technically illegal, but I doubt they’d prosecute.
Alternatively, you could just stick to your exiting rest plans, but with a bit of driving in the middle. Again, technically illegal, but if your tacho record is otherwise clean, you’d be unlucky to get prosecuted for it (and even if they chose to prosecute, you’d probably get off in court because it was a “reasonable” thing to do). You could add on a bit of extra rest to compensate for the interruption, which might make it look a bit better.
I had to do exactly this the other night on friday. Parked up on the limit of my drive time near carlisle. half an hour later in my bunk the lorry felt more and more more like it was going to go over, so moved off the brow of a hill out in the open, 10 mins further down the road into a dip in the lee of some trees.
wrote on the printouts, office are ok with it and if a vosa jobsworth is having a bad day and has a problem with it then I’ll argue it further, but I’m sure they don’t care about 1 case in my driving history, rather than the habitual card pullers/time pushers…
MrFlibble:
I don’t think there is a specific “law” on this, although I would expect it all to come under the definition of what is legally “reasonable”. In unforeseen circumstances, you’re allowed to go over your driving time (which is what you’re basically doing) to find a safe place to park. If you were to drive a short distance, then it would probably be OK. Doing 100 miles would be seen as taking the proverbial.If you’re still within your 15-hour shift length, you could re-start your nightly rest, and then you would be 100% legal (it would only need to be a 9-hour rest even if you’ve already done three 15-hour days, since you can do a spreadover).
You could treat it as a “broken rest for boarding a ferry/train” and follow those rules; technically illegal, but I doubt they’d prosecute.
Alternatively, you could just stick to your exiting rest plans, but with a bit of driving in the middle. Again, technically illegal, but if your tacho record is otherwise clean, you’d be unlucky to get prosecuted for it (and even if they chose to prosecute, you’d probably get off in court because it was a “reasonable” thing to do). You could add on a bit of extra rest to compensate for the interruption, which might make it look a bit better.
That is always a good idea in any such circumstances, it passes the test of reasonableness by recognising that you are aware of the need for proper rest and have compensated for the abnormal extra work. I would just make sure that it is longer than the ‘interruption’. I would do a print out first with an explanation of your intention on the back.
Agree with the above but I’d go as far as to say stuff the rules and move. Fear of interrupting a daily rest break is not a sufficient reason to put yourself in hospital or worse.
dozy:
What the rules/ law on this, 4 hrs into daily rest and in fear of being blown over , can we just write on printout , moved to lower ground as at threat of being blown over ta
Rest break interrupted for safety reasons due to hazardous weather conditions.
Thats all you need to put,providing you dont take the mickey and move further than you need to.
Don’t move too low Dozy me old China or your next thread may just be titled “Does anybody know how the dry a Scania mattress out? And the curtains. And the electrics”
the maoster:
Don’t move too low Dozy me old China or your next thread may just be titled “Does anybody know how the dry a Scania mattress out? And the curtains. And the electrics”
At least it’ll put the fire out.