A couple of weeks ago I started my duty at 0512 and finished up in the yard at 1710, so a ‘night out’ in the yard was on the cards. My boss knew that I couldnt go home because I live too far away and asked that I do tomorrows tip tonight. I had almost 3 hours driving time left. No problem I thought.
Off I went, arrives at the delivery point, “wasn’t expecting you tonight drive but I’ll get someone to sort out where to tip”. By this time I had 1hr 30mins left (about 50 mins back to yard), by the time I tipped I had an hour to spare.
Gets back on the road, 10 minutes into the journey I find my exit blocked on the roundabout, so takes the next exit onto a minor road that will take me straight to the yard, this will take me under a 15’ bridge. As I approach the bridge I read ‘HEIGHT TEMPORARILY REDUCED TO 13’ 2". Nowhere to turn, cars now queeing up behind, getting dark, car drivers getting very irrate, nobody willing to help, absolute nightmare.
To cut a long story short, I did manage to get out of this mess and got back to the yard at 2152, there was nowhere to pull off the road without causing more havoc so I ended up way over my hours.
Now I know this is serious stuff and I may well be in the deep stuff, but short of abandoning the vehicle, did I do the next best thing by getting the vehicle off the road?
Got a printout when I finished and wrote an explanation on the back, told my immediate boss the next day what happened (Traffic Planner), wasn’t really interested. Since nobody’s taken a download from my vehicle I’ve heard no more about it.
Needless to say I’m not happy about the situation, so whats the worst scenario? lose my HGV? suspension? the guillotine?
Fastrantiger:
As I approach the bridge I read ‘HEIGHT TEMPORARILY REDUCED TO 13’ 2".
I think that would more than qualify as unforeseen circumstances. The only issues would be after you extracted yourself from the situation did you pass suitable stopping places on the way back to the yard or not. If you did it could be seen as you added to the amount of time you were over by. If not I think you should be okay.
You’ve done everything you can do in the circumstances. The only other thing I would recommend is taking another print out as the one you already have will have to be returned to the office after you no longer need to carry it with you. From what you have said your office are not exactly switched on with things such as downloading the data so if they lose the printout you hand in you will have a back up should questions be asked.
Incidentally, abandoning the vehicle not at it’s usual operating centre and making your own way back, or to your home, would still have counted as other work and still put you way over your hours. Damned if you do, damned if you don’t.
Fastrantiger:
As I approach the bridge I read ‘HEIGHT TEMPORARILY REDUCED TO 13’ 2".
I think that would more than qualify as unforeseen circumstances. The only issues would be after you extracted yourself from the situation did you pass suitable stopping places on the way back to the yard or not.
Unfortunately Coffee, nowhere to pull over without causing danger to other road users. The yard is right out in the sticks and was the nearest place of safety even though it was a few miles away. Bit of a ‘no win’ situation , thanks for the reassurance
Fastrantiger:
A couple of weeks ago I started my duty at 0512 and finished up in the yard at 1710, so a ‘night out’ in the yard was on the cards. My boss knew that I couldnt go home because I live too far away and asked that I do tomorrows tip tonight. I had almost 3 hours driving time left. No problem I thought.
Am I just being thick here, or at this point, did you only have 1hr 2mins left before your 15 hours spreadover was up? If I’m right, you would have only had the hour before you needed to take a daily rest?
Coffeeholic, you’ll know the answer to this one…
As for the rest of it, I’d agree with The Guru and say it would qualify as unforseen circumstances.
Fastrantiger:
A couple of weeks ago I started my duty at 0512 and finished up in the yard at 1710, so a ‘night out’ in the yard was on the cards. My boss knew that I couldnt go home because I live too far away and asked that I do tomorrows tip tonight. I had almost 3 hours driving time left. No problem I thought.
Am I just being thick here, or at this point, did you only have 1hr 2mins left before your 15 hours spreadover was up? If I’m right, you would have only had the hour before you needed to take a daily rest?
Coffeeholic, you’ll know the answer to this one…
If he started at 05:12 he must have commenced a daily rest period by no later than 20:12, assuming he had a reduced daily rest period still available. which at 17:10 would have left him 3 hours and 2 minutes of shift time available to use. If he didn’t have a reduced daily rest period available to him then he would have to have started his daily rest by 18:12, which would indeed be just 1 hour and 2 minutes left in the shift at 17:10.
I assumed he did have a reduced daily rest period available when answering the original question otherwise I doubt he would have taken on a job which entailed a 50 minute drive each way.
seems like a perfectly acceptable reason for an Article 12 defence to me, although I would have to question how long this temporary height restriction has been in place prior to your use of the road and what notices are placed about it.
In all honesty, seems reasonable.
I’d echo Neils’ thought; take two copies of the days’ printout, make the same note as to why you exceeded the hours on the second copy. Hand one copy to the office and keep the other copy for at least 6 months.
To claim the Article 12 defence you have to make the printout as soon as you reach the first available safe stopping place. It’s no good trying to claim ‘held up in traffic mate’ after one of my colleagues has downloaded your card / VU and discovered the offence.
, thanks for the reassurance 
