Night out or not?

I can remember a posting on here a while ago about a driver who runs out of hours I.E. gets to the start of his 9 hour rest but his boss wants the truck back and the guy isnt willing to travel back in the truck.

I cant remember if you have a right to sleep in the truck or if your boss has a right to come and get you and the truck, does it say anything in legislation about it?.

IMO
asuming the driver hasnt gone over 15hrs, they could send someone out to collect both him and the truck, hed return to the yard as the passenger, having no involvement in the driving, all hed have to do (assuming hed removed his tacho out of the head) is make a manual entry on his tacho showing that he was still on duty up until the point he gets back to the yard, and possibly stating the reason why.
however IMO if the driver has completed 15hrs, then he couldnt do the above, but I dont see why they couldnt recover the truck, but Id guess theyd have to put the driver up in a hotel at the point of transfer. Though I have know it, that the driver drives back in the car that they sent the other driver out in, which cant be ligit

jammymutt:
I can remember a posting on here a while ago about a driver who runs out of hours I.E. gets to the start of his 9 hour rest but his boss wants the truck back and the guy isnt willing to travel back in the truck.

I cant remember if you have a right to sleep in the truck or if your boss has a right to come and get you and the truck, does it say anything in legislation about it?.

dont know the answer but it can be a nice little earner for the bloke picking up the truck, so i hope it doesnt get stopped, done it many a time, best one being meet driver at colsterworth, you drive truck to grantham :open_mouth: :open_mouth: and he drives van back, about a1 hrs work for 8hrs pay plus the tenner i was given to fill the van up [ it was already full , and how much fuel does it use to do about 20 miles.

jammymutt:
I can remember a posting on here a while ago about a driver who runs out of hours I.E. gets to the start of his 9 hour rest but his boss wants the truck back and the guy isnt willing to travel back in the truck.

I cant remember if you have a right to sleep in the truck or if your boss has a right to come and get you and the truck, does it say anything in legislation about it?.

Your employer is responsible for planning your daily workload. If at the end of the drivers shift he feels his time aint his own, wants to rest and can’t (due to the truck being collected), i’d take an educated guess and say this contravenes the legislation due to the fact the employer is stopping the driver taking his rest.

Probably comes down to how bloody minded you want to be. :laughing: :laughing:

Willy Gofar:
Probably comes down to how bloody minded you want to be. :laughing: :laughing:

I dont want to do a 15 hour shift be 2 hours from base be brought in and then be expected to be at work 9 hours after i ran out of time giving me 7 hours at base plus my travelling time to and from work.

I tohught DHL/Exel would be a good company to work for but as it seems i might as well work for a local cowboy and know where i stand.

We have been told that if we reduce our rest we MUST be at work for the same start time 24 hours after the day before meaning if we have a reduced rest we cant stay off for 11 but must only make it 9 otherwise we lose 2 hours pay if we make it 11 hours off.

Which is why i asked if anyone knew if it was written it to legislation so i could prove me case to them.

I wouldnt say bloody minded but probably more intereseted in my own health and safety and that of other road users when i fall asleep at the wheel.

I dont mind a 9 hour rest but i prefer it to be in the truck not when im travelling home in it with another driver.

That would probably be your customers leaning on them .
I’m not having a problem with DHL/EXEL.Mind saying that Tradeteam is it’s own company and runs itself and just has the backing from the logistics company , never had a problem with them when they were EXEL .
You have weak managment jammy .
I wouldn’t take 9 off for anyone , i’m led to beleive it is an option for the driver and not the company they work for . Anyway 9 off is away from base isn’t it .When back at base you have 11 you can’t reduce . Or have i got that wrong .

Your wrong Paul you can have 9 back at base 3 times a week and 3 times on the trot if need be.

when I worked for wincanton we has a set start time +/- 1hr so generally it was in my favour if I reduced to 9hrs rest to get back on my 5am start time, even after 12 - 15 hrs the previous day especially on a friday.
but I have done my maximum number of 15s M/T/W and reduced after each of em to 9s just to get back on my 4-6am start time, knowing that there was prolly a 15 in the offing, but I don`t recomend it, as i only did it for the extra OT pay

jammymutt:
I dont mind a 9 hour rest but i prefer it to be in the truck not when im travelling home in it with another driver.

You wouldn’t be at rest while in the vehicle with someone else driving it jammy, your rest would not begin until you were back at base and signed off.

THIS PDF file contains the information you need to show your employer. Page 10, FAQ question21.

If I run out of hours before I reach my normal operating base, how would time spent driving/being driven back to base count - can it be classed as rest?

No. In the DfT’s view, as the outward journey from home to places other than the usual operating base cannot be considered as rest (as found by the European Court Judgement at FAQ.20), it would be difficult to argue that the return leg of such a journey could be considered as rest - especially if you’ve already completed a full day’s work.

The main factor here is the degree of free choice the employer gives you as to when and how you travel home. In the DfT’s view, you may have little or no choice as to when and how you make your journey home from a place other than your employer’s operating centre, if you are not going to miss your next designated driving duties. So whether you are picked up and returned to base, or you drive the car back to base after completing your shift, the Department considers that you are not at rest until you arrive back at base. This view is regardless of whether you are being paid for this time.

Chers Niel i knew it wouldnt be loing before you gave me the answer.

jammymutt:
Your wrong Paul you can have 9 back at base 3 times a week and 3 times on the trot if need be.

It’s about time this industry had a re-vamp . Those kind of hours with the workloads expected are just plain dangerous .
Personally i’d refuse to do it .Screw the money .
I mean that .

We just had a sort of revamp with the WTD putting us on 48 hours average and 60 hours max but due to the POA and the i want to do 84 hours a week brigade things havent changed at all.

I totally agree with you though i personally think 11 hours a day is enough for anyone and 55 a week should be the maximum but it will never happen while people are earning £5 an hour whether they are British or Foreign.

Agree drivers arent stupid (well some arent) :open_mouth: :open_mouth: :wink:

If you had the choice of £26000 working a 45 hour week or the same working 60 to 70 hours a week

Most would take the 45 hour week. :wink:

jammymutt:
I tohught DHL/Exel would be a good company to work for but as it seems i might as well work for a local cowboy and know where i stand.

We have been told that if we reduce our rest we MUST be at work for the same start time 24 hours after the day before meaning if we have a reduced rest we cant stay off for 11 but must only make it 9 otherwise we lose 2 hours pay if we make it 11 hours off.

Which is why i asked if anyone knew if it was written it to legislation so i could prove me case to them.

Jammy, funny you should mention this. A guy has just packed in at P.Brook, i’m told it was for this very reason.

Our exel lot are’nt bad jammy.Were never expected to reduce to 9.If were going home we always have 11 off.

Even a night out we can have 11 if we want.Even if were expected in early the next day,We just say were having 11 off and they will change the run your on.Usually to a crap one,but thats the chance you take.

Our lot wouldnt even fetch you from the end of the road.Unless you had a problem.

People say exel/wincanton/dhl/tdg Anybody even, are bad to work for.Its not the company its the ones at your depot that can make it a good or a bad job.

Tony b

i see you must gurantee to be at work the same time everyday :frowning:

does the company gurantee you finish at the same time :laughing:

when you roll in after an 11 hour break it shouldnt be your responsibilty to remind the nobs that you have made that decision based on health and saftey grounds

before you go for the 11 hrs tell them its a health and saftey issue make sure they understand and you have witnesses

I agree with Paul,i always beleived you can not reduce your breaks while at base, but i have recently informed on here that you can.but what i have read and cant beleive is that you can have 9hr breaks 3times in a row.What i was informed is that or tacho is based on a 24hr period so your days work is also based on 24hrs,so mathmatically you cannot do this.And here is a little tease,in europe you must keep your tacho in at all times,while in the uk you dont,so if you put a tacho in to show a 11hr break does that count as a working tacho,because tecknacally it is or am i wrong,
ps sorry about the spelling.

alf apsey:
And here is a little tease,in europe you must keep your tacho in at all times,while in the uk you dont,so if you put a tacho in to show a 11hr break does that count as a working tacho,because tecknacally it is or am i wrong,
ps sorry about the spelling.

Another drivers myth :bulb:

Robbies Dad:

alf apsey:
And here is a little tease,in europe you must keep your tacho in at all times,while in the uk you dont,so if you put a tacho in to show a 11hr break does that count as a working tacho,because tecknacally it is or am i wrong,
ps sorry about the spelling.

Another drivers myth :bulb:

It certainly is. Here in France they like you to keep it in overnight but not if there is any risk that it might overrun the previous day’s trace. All you have to say is you expected to start earlier than you did. If I was ever asked (I never was) I was prepared to say that I was worried I might oversleep or had fully intended to start earlier and had simply changed my mind.

But if you leave it in, and then overtrace. That is an offence and you will get done.