We were told today that if we go upto our 15 hours that we can no longer be picked up/get a taxi or any other form of getting home so you have to night out!!!
is this right?
also if there are any changes in laws who should inform the drivers ie TM or is it the drivers responsability to keep up todate??
cheers
Si
THIS FORUM has the answer in it but I’ll try to remember what the site GURUs said about it - I may not be perfectly accurate 
If the 15 hours of duty time have been reached then the driver cannot do any other work.
Other work would be sitting in a company car for example and being driven home or to base.
I can’t remember if taking a taxi directly home counts as other work.
The TM is responsible for ensuring that drivers comply with the regulations so it would be the TM who should pass on any new legislation.
From the VOSA expert -
geebee45
FROM HERE:
There is nothing right or wrong with an employer scheduling a ten hour driving day, although good employers will build in a realistic ‘margin’ to allow for problems occurring during the shift.As far as the EU Regulation is concerned, if you run out of driving time then you may be ‘rescued’ and taken wherever you want, provided you have duty time available for the journey. If you run out of duty time then you take the daily (or weekly) rest period at the place where you run out of time. Travelling in a moving vehicle is NOT rest unless it is on a ferry or train and you have access to a bunk or couchette.
well there you go, you have been told so take some gear with you. 
ROG:
I can’t remember if taking a taxi directly home counts as other work.
It does.
Travelling time
In cases where a vehicle that comes within the scope of EU rules is at a separate location that is neither
the driver’s home nor the employer’s operational centre where the driver is normally based, the time the
driver spends travelling to or from that location 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.
Simon:
ROG:
I can’t remember if taking a taxi directly home counts as other work.It does.
Travelling time
In cases where a vehicle that comes within the scope of EU rules is at a separate location that is neither
the driver’s home nor the employer’s operational centre where the driver is normally based, the time the
driver spends travelling to or from that location 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.
Is having a night heater in the cab a requirement in law 
Can understand the point of view if your a 2hour drive from base and then your meant to be back at work 7 hours later.
But then again a lot of the times when your planning to be back and something happens talking about being 20mins from base. Should have made the legislation so they were an exemption if you were within a certain distance then it could be counted as other work but had to take an extra hour off.
But again that would be to much like common sense, when your delivering goods people are waiting on, meant to park up when your 20mins away from base take 9 or 11 hours off and everyone can wait, no wonder companies are struggling.
Plus as well sleeping in a truck with no nightout gear for the sake of 20mins getting home. Whos gonna be more refreshed the next day, the guy with the crappy nights sleep in the truck or the guy who slept for 20mins less but got home to his own bed.
Night Owl:
We were told today that if we go upto our 15 hours that we can no longer be picked up/get a taxi or any other form of getting home so you have to night out!!!
is this right?also if there are any changes in laws who should inform the drivers ie TM or is it the drivers responsability to keep up todate??
cheers
Si
As long as you have finished your shift and are making your own way home not in a company vehicle or on any sort of company duty there is no law against this. If you were making your way to a vehicle not at base to start your shift this is where complications could arise. In that sort of scenario then you should mark out an analogue card stating when you started
Kenny1975:
Can understand the point of view if your a 2hour drive from base and then your meant to be back at work 7 hours later.But then again a lot of the times when your planning to be back and something happens talking about being 20mins from base. Should have made the legislation so they were an exemption if you were within a certain distance then it could be counted as other work but had to take an extra hour off.
But again that would be to much like common sense, when your delivering goods people are waiting on, meant to park up when your 20mins away from base take 9 or 11 hours off and everyone can wait, no wonder companies are struggling.
Plus as well sleeping in a truck with no nightout gear for the sake of 20mins getting home. Whos gonna be more refreshed the next day, the guy with the crappy nights sleep in the truck or the guy who slept for 20mins less but got home to his own bed.
From what I gather, they have thought of that.
The day is planned properly and on the homeward journey an unforeseen event takes place. The driver can over-run the hours to make base and a note is made on the tacho.
If it was done on a regular basis then there would be interest taken by the authorities.
how do stobarts get away with it then the job that was talked about on here not long ago when they give you a company van to travel to depots all over the midlands , notts etc . Are they still doing this ■■?
scotslad:
As long as you have finished your shift and are making your own way home not in a company vehicle or on any sort of company duty there is no law against this. If you were making your way to a vehicle not at base to start your shift this is where complications could arise. In that sort of scenario then you should mark out an analogue card stating when you started
The management at Skils coaches tried to take advantage of starting/finishing away from base, ferrying drivers around off the clock, it landed them and some drivers in ■■■ river without an oar.
MADBAZ:
scotslad:
As long as you have finished your shift and are making your own way home not in a company vehicle or on any sort of company duty there is no law against this. If you were making your way to a vehicle not at base to start your shift this is where complications could arise. In that sort of scenario then you should mark out an analogue card stating when you startedThe management at Skils coaches tried to take advantage of starting/finishing away from base, ferrying drivers around off the clock, it landed them and some drivers in ■■■ river without an oar.
Because they were using company vehicles to get to where they were picking up the coach. So by law they were on duty. If they had a tacho stating where and when they started the law couldnt have touched them
scotslad:
Because they were using company vehicles to get to where they were picking up the coach. So by law they were on duty. If they had a tacho stating where and when they started the law couldnt have touched them
It makes no difference whose vehicle you are using, the regulations state quite clearly (as Simon has posted further up the thread) that travelling between your home and a location that is not your employers operational centre is to be classed as other work and not rest. This means that technically to the letter of the law that if you hit your 15h that you are not permitted to leave your wagon and head home, even if you’re only a matter of minutes away. It’s daft, yes, but that is how it is. In practice I suspect you would get away with it if it happened infrequently and/or the distance was short, but if you regularly ran out of time 2 or 3 hours away and got your other half to pick you up then I don’t think VOSA would be very happy about it.
Paul
We were told today that if we go upto our 15 hours that we can no longer be picked up/get a taxi or any other form of getting home so you have to night out!!!
is this right?also if there are any changes in laws who should inform the drivers ie TM or is it the drivers responsability to keep up todate??
cheers
Si
Before i read through the rest of this thread, can anyone who has said the drivers CPC is a bad thing just now tell me why it is?
repton:
scotslad:
Because they were using company vehicles to get to where they were picking up the coach. So by law they were on duty. If they had a tacho stating where and when they started the law couldnt have touched themIt makes no difference whose vehicle you are using, the regulations state quite clearly (as Simon has posted further up the thread) that travelling between your home and a location that is not your employers operational centre is to be classed as other work and not rest. This means that technically to the letter of the law that if you hit your 15h that you are not permitted to leave your wagon and head home, even if you’re only a matter of minutes away. It’s daft, yes, but that is how it is. In practice I suspect you would get away with it if it happened infrequently and/or the distance was short, but if you regularly ran out of time 2 or 3 hours away and got your other half to pick you up then I don’t think VOSA would be very happy about it.
Paul
Exactly… Travelling between home and a location that is not your employer o/c. Not between a location and home. When you finish your shift you are free to do whatever you want with that time
scotslad:
MADBAZ:
scotslad:
As long as you have finished your shift and are making your own way home not in a company vehicle or on any sort of company duty there is no law against this. If you were making your way to a vehicle not at base to start your shift this is where complications could arise. In that sort of scenario then you should mark out an analogue card stating when you startedThe management at Skils coaches tried to take advantage of starting/finishing away from base, ferrying drivers around off the clock, it landed them and some drivers in ■■■ river without an oar.
Because they were using company vehicles to get to where they were picking up the coach. So by law they were on duty. If they had a tacho stating where and when they started the law couldnt have touched them
It doesn’t matter who the vehicle belongs to, if your not going to/from your usual base to/from home then it’s work, I suppose technically on agency, if your going from home direct to the client that journey should be recorded as other work. Common sense should prevail but as in the Skils case some people take the piddle.
scotslad:
repton:
scotslad:
Because they were using company vehicles to get to where they were picking up the coach. So by law they were on duty. If they had a tacho stating where and when they started the law couldnt have touched themIt makes no difference whose vehicle you are using, the regulations state quite clearly (as Simon has posted further up the thread) that travelling between your home and a location that is not your employers operational centre is to be classed as other work and not rest. This means that technically to the letter of the law that if you hit your 15h that you are not permitted to leave your wagon and head home, even if you’re only a matter of minutes away. It’s daft, yes, but that is how it is. In practice I suspect you would get away with it if it happened infrequently and/or the distance was short, but if you regularly ran out of time 2 or 3 hours away and got your other half to pick you up then I don’t think VOSA would be very happy about it.
Paul
Exactly… Travelling between home and a location that is not your employer o/c. Not between a location and home. When you finish your shift you are free to do whatever you want with that time
NOT Quite right 
Travelling time
In cases where a vehicle that comes within the scope of EU rules is at a separate location that is neither the driver’s home nor the employer’s operational centre where the driver is normally based, the time the driver spends travelling to or from that location 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.
If the company sends a man and van out to you and the boss says you can take the van home its therefore at your disposal. If he wants you to to drive it back to the yard thats a no no
I think MikeC is right about the Driver CPC,
Travelling time
In cases where a vehicle that comes within the scope of EU rules is at a separate location that is neither the driver’s home nor the employer’s operational centre where the driver is normally based, the time the driver spends travelling to or from that location 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.
Basically, if you’re not at your base or at home then you must record any travelling time as:
under EU rules, you driving =Driving,
EU rules, you as a passenger =Other work/POA,
Car/Van, You driving =Other work
Car/Van, you as a passenger =Other work/POA
Train/Ferry with a bunk, you as a passenger =Rest
Train/Ferry with a bunk, you driving =just kidding 
If your 15 are up, then unless in exceptional/unforseen circumstances you should have your toothbrush.
Doesn’t get much simplier
If the vehicle is not at your home or place of work the travelling time to home or base is classed as other work, or POA can be used if you’re a passenger in the vehicle taking you home or back to base, regardless of who owns the vehicle you’re travelling in and regardless of what your boss says.
Page 19 - Drivers Hours & Tachograph Regulations:
Travelling timeWhere 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.
As far as the Driver CPC is concerned, It’s not a bad thing it’s just the way it’s being implemented that makes no sense imo
MADBAZ:
If your 15 are up, then unless in exceptional/unforseen circumstances you should have your toothbrush.
Exactly and even in unforeseen circumstances you’re only legally entitled to carry on until you reach a suitable parking place.