colinr:
Unless you can freely dispose of your time, i.e. take the vehicle home.
Makes no difference. Time spent travelling back home (or to base) cannot be counted as Rest.
As long as you can freely dispose of your time is the key. No law saying you have to go home or report back to base. Too many people fill in the gaps to make their own laws. We aren’t a Police state just yet.
Okay fair enough, but I’m sure if most of us were within half an hour of our house we would swap with someone for the company car or get our misses to pick us up to go straight home. Within normal commuting distance is within the spirit of the law even if not to the letter of it.
A hundred miles away is taking the ■■■■ though.
colinr:
Unless you can freely dispose of your time, i.e. take the vehicle home.
Makes no difference. Time spent travelling back home (or to base) cannot be counted as Rest.
As long as you can freely dispose of your time is the key. No law saying you have to go home or report back to base. Too many people fill in the gaps to make their own laws. We aren’t a Police state just yet.
There is a law which states that the whole of the journey must be recorded - that was determined in the SKILLS coaches court case
Those who are inventing your own versions of the legislation just carry on. Let’s hope it doesn’t come to light.
As has been said. If driving time is up you can drive a ‘non-Tacho’ vehicle until your daily rest is due. If your daily rest is due then you are technically staying where you are. Should have gone home earlier.
However - if it was me I would demand to be picked up as a passenger. I would still record the journey via a manual record and also record the reasons I travelled as a passenger I.e My wife wanted me home. I would then ensure I took the full amount of rest required from when that journey ended. That’s what I would do. I would never try to hide the truth - that’s called fraud.
If anything was ever to come of this I would present my defence in court that I was not a danger to anyone as a passenger and stick to my claim my family needed me.
dieseldog999:
query all they like…assuming your companys not 1 of the Tosco fanny types. im never off the cairnryan ferries…theres miles for mainland,and miles for Ireland…whoevers asking never asks the other side of the water about the 100s of missing miles every week…depends on how good a story you give.
Both of them are in EU drivers hours scope, both of them are recorded on the tachograph even if there’s no card in. If you were caught in the UK, being an Irish driver you’d be locked up until you could be put before a magistrate the following morning. The truck would be immobilised until the fines were paid.
plus anyone id work for wouldn’t keep anything that wasn’t required (legally or otherwise). we don’t all do agency work for ■■■■■■ companies.
Unless they know a way of wiping a digital tachograph, something which would stick out like a sore thumb, they can’t lose anything. The tachograph itself can quite easily hold several months information. Downloading the tacho head doesn’t wipe it.
I love people like you, you think you’re clever but the fact is that all you do by posting the crap you do is prove how dumb you really are.
LIBERTY_GUY:
I think many moons ago you could disconnect the trailer and drive the tractor unit almost as a private car, but I do mean decades ago. As to whether that was the case, perhaps someone could shine a light on that?
The days before you could get executed for driver hours rules offences, yeh a lot of drivers did.
I have done it in the past in my own units at wk.ends in the early 80s.
A mate of mine used to work outbased for a Dutch firm around the same time, and could be seen running round the town in his unit regularly.
Another mate worked for the Paddys outbased, living in a caravan. He did not own a car so used his unit as one.
the dudes query was about what to do himself…he says he works 1 day a week ffs.do the sums. we don’t all work to the jobsworth/plobber taken to the nth degree extent that only an agency wll take you on nightshift,hence mabey he could use a bit of initiative if his company messes with him.no card,no proof unless he gets a tug on the way home…the rest is up to the company.try and make sense of the joined up writing before you post collateral related drivvle as usual. try to keep up at least…
the dudes query was about what to do himself…he says he works 1 day a week ffs.do the sums. we don’t all work to the jobsworth/plobber taken to the nth degree extent that only an agency wll take you on nightshift,hence mabey he could use a bit of initiative if his company messes with him.no card,no proof unless he gets a tug on the way home…the rest is up to the company.try and make sense of the joined up writing before you post collateral related drivvle as usual. try to keep up at least…
ROG:
Ah, but there is. Article 9 of EU Regulation 561/06:
“2. Any time spent travelling to a location to take charge of a
vehicle falling within the scope of this Regulation, or to return
from that location, when the vehicle is neither at the driver’s
home nor at the employer’s operational centre where the
driver is normally based, shall not be counted as a rest or
break unless the driver is on a ferry or train and has access to a
bunk or couchette.”
I will state again - the WHOLE of the JOURNEY from base and back to base must be recorded - even if it is broken by a few days off on rest
[/quote]
These two read together imply that the driver must stay with the vehicle. There is nothing here to say that the driver can make his own way home. It even implies that walking to a station to access this ‘couchette’ is other work. Again reading the two together it implies that a necessary rest period, which could be 48 hrs must be taken before resuming the individual’s journey. Or are we to take it that the driver’s time travelling to collect his car or directly home is recorded at the start of his next working period?
Yet again it implies that day two’s report for work must be at the same location that day one’s ended (unless on a ferry or train). How does this work for Agency drivers who could quite easily start work for a different client every day of the week?
ROG:
Ah, but there is. Article 9 of EU Regulation 561/06:
“2. Any time spent travelling to a location to take charge of a
vehicle falling within the scope of this Regulation, or to return
from that location, when the vehicle is neither at the driver’s
home nor at the employer’s operational centre where the
driver is normally based, shall not be counted as a rest or
break unless the driver is on a ferry or train and has access to a
bunk or couchette.”
I will state again - the WHOLE of the JOURNEY from base and back to base must be recorded - even if it is broken by a few days off on rest
These two read together imply that the driver must stay with the vehicle. There is nothing here to say that the driver can make his own way home. It even implies that walking to a station to access this ‘couchette’ is other work. Again reading the two together it implies that a necessary rest period, which could be 48 hrs must be taken before resuming the individual’s journey. Or are we to take it that the driver’s time travelling to collect his car or directly home is recorded at the start of his next working period?
Yet again it implies that day two’s report for work must be at the same location that day one’s ended (unless on a ferry or train). How does this work for Agency drivers who could quite easily start work for a different client every day of the week?
[/quote]
possibly it work because you cant get charged with an implied offence…innocent till proven guilty mlud…no doubt the zero hours oracle will correct me if im wrong though?
Am I the only one who thinks the OP is sitting chuckling away to himself right now? Theres no way anyone with an hgv license and a tacho card thinks you can just drop a trailer and your driving hours cease to matter? Even what he said he’d write on the printout says hes having a laugh.
Fair play to the OP though for a post that gets a two page argument going within the space of a couple of hours!
dieseldog999:
the dudes query was about what to do himself…he says he works 1 day a week ffs.do the sums. we don’t all work to the jobsworth/plobber taken to the nth degree extent that only an agency wll take you on nightshift,hence mabey he could use a bit of initiative if his company messes with him.no card,no proof unless he gets a tug on the way home…the rest is up to the company.try and make sense of the joined up writing before you post collateral related drivvle as usual. try to keep up at least…
Actually he was not asking about what he should/could or ought to do - he was specifically asking whether taking a particular course (i.e. dropping the trailer, running bobtail back to the yard and writing a manual entry) would be acceptable to TPTB if he did get a tug. As you say, do try to keep up…
dieseldog999:
oops…well shave my legs and call me smoothie… …
Yeh, but are you allowed to shave your legs on rest.
Should it not be other work.?
Is there a subsection in the rule manual that deals with this interesting point. Please advise.
Note to the Tacho rules fanatics …I’m joking so no need to answer that.
Regardless of what the law says (& ROG is right), realistically nobodies ever going to know that you ran back to the yard in a non-LGV, so most folk just crack on wanting to get home.
I’ve done it a few times in days gone by for a less reputable firm… phoned up after hours saying i’ve ran out of time & the shunters come out to me in the Sprinter and we’ve swapped over. Not been particularly happy about having to do more driving but it got me home & I made sure I was paid (off the time sheet) for the extra time.
rob22888:
Regardless of what the law says (& ROG is right), realistically nobodies ever going to know that you ran back to the yard in a non-LGV, so most folk just crack on wanting to get home.
I’ve done it a few times in days gone by for a less reputable firm… phoned up after hours saying i’ve ran out of time & the shunters come out to me in the Sprinter and we’ve swapped over. Not been particularly happy about having to do more driving but it got me home & I made sure I was paid (off the time sheet) for the extra time.
Careful mate you may bring a ■■■■ storm around your ears for that, you are now talking ‘real world’ stuff.
Unless I have missed something, this is a lifelong daytime driver that doesn’t do nights out, but is now working one day a week and the planners are giving him a stupid routing that means he is unlikely to complete that run within the allowable hours?
Everyone automatically assumes that every firm will send someone out to collect you, but we all know that this is not the case and instead they will just tell you to night out. The only workable solution is to not do this run again. An agency wanted to give me a run a few weeks ago, that would be questionable whether I’d make it back on time (probably not) so I had to decline it. I know it may come as a surprise to some, but we don’t all have sleeping bags and night out gear, neither do we have any desire to act as unpaid security guards all night long.