Hi all, i was unsure whether exceeding my 9 or 10hrs due to a traffic accident is still valid or is it an infringement now.
Basically, if it’s still posible to do, in extreme circumstances when can you do it.
I thought that it was only valid if, say, i’d done nearly 9 hrs and had got held up but had to get the vehicle of the motorway [eg: stop at the first safe place where not to cause an obstruction even if it would exceed 9hrs [within reason] as long as it’s not regular occurance and i explain reason on back of chart.
I was held up due to an RTA yesterday after 6 hrs driving and was told i could keep running back to base if i did a printout and wrote on the back about the holdup.
if i’ve only driven 6 hrs, then i’d have 3hrs to find a safe place to parkup so it wouldn’t be a valid reason, would it. Doing this would be an infringement.
did it take you more than 9 hrs -10hrs to get back to base as far as i know its only valid to find the nearest safe parking ie layby pubcarpark msa truckstop etc.
im sure coffee will give us definitive answer but more info aybe needed to work out exactly wheter or not you have infriged and regs or not
bbez:
Hi all, i was unsure whether exceeding my 9 or 10hrs due to a traffic accident is still valid or is it an infringement now.
Basically, if it’s still posible to do, in extreme circumstances when can you do it.
I thought that it was only valid if, say, i’d done nearly 9 hrs and had got held up but had to get the vehicle of the motorway [eg: stop at the first safe place where not to cause an obstruction even if it would exceed 9hrs [within reason] as long as it’s not regular occurance and i explain reason on back of chart.
I was held up due to an RTA yesterday after 6 hrs driving and was told i could keep running back to base if i did a printout and wrote on the back about the holdup.
if i’ve only driven 6 hrs, then i’d have 3hrs to find a safe place to parkup so it wouldn’t be a valid reason, would it. Doing this would be an infringement.
thanks for any info…
As you say you can only legally run over your hours in order to find a suitable safe place to park, it would be inconceivable to think that it would take 3 hours to find a place to park so it’s illegal
Provided that road safety is not jeopardised, and to enable a driver to reach a suitable stopping place, a departure from the EU rules may be permitted to the extent necessary to ensure the safety of persons, the vehicle or its load. Drivers must note all the reasons for doing so on the back of their tachograph record sheets (if using an analogue tachograph) or on a printout or temporary sheet
(if using a digital tachograph) at the latest on reaching the suitable stopping place (see relevant sections
covering manual entries). Repeated and regular occurrences, however, might indicate to enforcement
officers that employers were not in fact scheduling work to enable compliance with the applicable rules.
A judgment by the European Court of Justice dated 9 November 1995 provides a useful guide to
how this provision should be interpreted. It can apply only in cases where it unexpectedly becomes
impossible to comply with the rules on drivers’ hours during the course of a journey. In other words,
planned breaches of the rules are not allowed. This means that when an unforeseen event occurs, it
would be for the driver to decide whether it was necessary to depart from the rules. In doing so, a
driver would have to take into account the need to ensure road safety in the process (e.g. when driving
a vehicle carrying an abnormal load under the Special Types regulations) and any instruction that may
be given by an enforcement officer (e.g. when under police ■■■■■■).
Some examples of such events are delays caused by severe weather, road traffic accidents, mechanical
breakdowns, interruptions of ferry services and any event that causes or is likely to cause danger to the
life or health of people or animals. Note that this concession only allows for drivers to reach a suitable
stopping place, not necessarily to complete their planned journey. Drivers and operators would be
expected to reschedule any disrupted work to remain in compliance with the EU rules.
Note that this concession only allows for drivers to reach a suitable
stopping place, not necessarily to complete their planned journey. Drivers and operators would be expected to reschedule any disrupted work to remain in compliance with the EU rules.
tnx guys, that’s what i need, seems the TM really needed the motor back for dayshift. Didn’t need to exceed, made it in 10hrs driving.
"exceed 9hrs [within reason] as long as it’s not regular occurance and i explain reason on back of chart. "
Yes, as far as I am aware.
This remains the correct procedure (ie written explanation, on Printout, or on back of Chart)
You could have recorded your waiting time at the RTA as a POA (period of availability) or Break
Then this would have been deductible from your Working Time 28 day average hours.
** The main thing to watch out for is not exceeding your driving hours **
Not necessarly TRUE
Because you also risk infringing your required Daily (or weekly) Rest Periods
(as required by Working Time Directive)
PS: Also watchout because
While you remained at the RTA…
you were infact already located at “A safe parking place”
And if you were close to either the next required rest period,
or exceeding driver hours.
Then after moving away,
You are unable to reach another alternative “safe parking place” within the required time,
In order to safeguard your load you had to get back to the depot, didn’t you
I have on occasion gone over my driving time by a few minutes (20 minutes was the most) due to a RTA, had a chart check at Tankersley a week ago and the man from VOSA questioned it but said no more.
