Rikki-UK:
any time spent by a driver travelling to or from a location, which is not the driver’s home
Sorry Tachograph but from your own evidence, it clearly says the drivers home.
But in the Skills case they were going from home.
The first category of prosecutions (‘Category A’) concerns Messrs Farmer and
Burley. On several occasions they travelled by car either from their homes or from
Skills’s operating centre to the point at which they were to take over a vehicle
point at which they were to take over a vehicle
But this chap wasn’t travelling to take over a vehicle
Travelling from home to take over a vehicle away from its operating base is in scope- even from home, travelling home from a vehicle away from base in a private car, I have seen nothing yet that says it is
Rikki-UK:
any time spent by a driver travelling to or from a location, which is not the driver’s home
Sorry Tachograph but from your own evidence, it clearly says the drivers home.
It says travelling to or from a vehicle that’s not at the drivers home, the vehicle is not at the drivers home or usual base so the travelling to or from that vehicle cannot be counted as rest.
any time spent by a driver travelling to or from a location, which is not the driver’s home or
the employer’s operational centre and where the driver is supposed to take over or to leave a
vehicle in the scope of the Regulation
tachograph:
Rikki-UK:
any time spent by a driver travelling to or from a location, which is not the driver’s home
Sorry Tachograph but from your own evidence, it clearly says the drivers home.
It says travelling to or from a vehicle that’s not at the drivers home, the vehicle is not at the drivers home or usual base so the travelling to or from that vehicle cannot be counted as rest.
any time spent by a driver travelling to or from a location, which is not the driver’s home or
the employer’s operational centre and where the driver is supposed to take over or to leave a
vehicle in the scope of the Regulation
It doesn’t mention the vehicle being at the drivers home - simply says
any time spent by a driver travelling to or from a location, which is not the driver’s home
No mention of any vehicle simply that any location that isn’t the drivers home is in scope… therefore the drivers home isn’t,
It could not be more clear he is not travelling for the intention of taking over a vehicle- he is not travelling to leave a vehicle somewhere else.
He is entitled to drive his own car wherever he wants in in period of rest to dispose of his time as he sees fit - I still see nothing that says he cant do exactly what he did.
Rikki-UK:
tachograph:
Rikki-UK:
any time spent by a driver travelling to or from a location, which is not the driver’s home
Sorry Tachograph but from your own evidence, it clearly says the drivers home.
It says travelling to or from a vehicle that’s not at the drivers home, the vehicle is not at the drivers home or usual base so the travelling to or from that vehicle cannot be counted as rest.
any time spent by a driver travelling to or from a location, which is not the driver’s home or
the employer’s operational centre and where the driver is supposed to take over or to leave a
vehicle in the scope of the RegulationIt doesn’t mention the vehicle being at the drivers home - simply says
any time spent by a driver travelling to or from a location, which is not the driver’s home
No mention of any vehicle simply that any location that isn’t the drivers home is in scope… therefore the drivers home isn’t
It’s in the quote.
“any time spent by a driver travelling to or from a location, which is not the driver’s home or the employer’s operational centre and where the driver is supposed to take over or to leave a vehicle”
Rikki-UK:
point at which they were to take over a vehicle
But this chap wasn’t travelling to take over a vehicle
Travelling from home to take over a vehicle away from its operating base is in scope- even from home, travelling home from a vehicle away from base in a private car, I have seen nothing yet that says it is
The skills case said they travailed by car, no definition was made either by the defence or by the prosecution whether it was a private or company vehicle and the summing up made no exemption for private vehicles and neither do the Regs which superseded the case.
And the 2006 regs added to return from that location. Also it’'s not whether the car is returning to home or the operating centre, but to where the truck or bus is located.
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.
Unless of course your saying that legally, during a rest period he cannot drive his own, out of scope vehicle to a destination of his own choice- in which case I would argue that that any rest period is illegal under the law as the driver is not free to dispose of his time freely
travelling to or from a location, which is not the driver’s home
He was travelling to home 
muckles:
or to return
from that location,
He was not travelling to or returning from the location where the truck was left 
It appears a couple of posters have derailed this thread!
Evil8Beezle:
It appears a couple of posters have derailed this thread!
No just a couple of us still enjoy a decent discussion without feeling the need to decry other members 
Tachograph I am sure is more than aware I am arguing the semantics just for the sake of a decent conversation, we both know how the law works in practice
Rikki-UK:
Unless of course your saying that legally, during a rest period he cannot drive his own, out of scope vehicle to a destination of his own choice- in which case I would argue that that any rest period is illegal under the law as the driver is not free to dispose of his time freelytravelling to or from a location, which is not the driver’s home
He was travelling to home
muckles:
or to return
from that location,He was not travelling to or returning from the location where the truck was left
It’s not about the car, it’s about the location of the “In Scope” vehicle.
If that isn’t at base or the drivers home.
Rikki-UK:
Evil8Beezle:
It appears a couple of posters have derailed this thread!
No just a couple of us still enjoy a decent discussion without feeling the need to decry other members
I couldn’t agree more 
Rikki-UK:
Tachograph I am sure is more than aware I am arguing the semantics just for the sake of a decent conversation, we both know how the law works in prcactice
OH, I thought maybe you’d been drinking 
muckles:
Rikki-UK:
Unless of course your saying that legally, during a rest period he cannot drive his own, out of scope vehicle to a destination of his own choice- in which case I would argue that that any rest period is illegal under the law as the driver is not free to dispose of his time freelytravelling to or from a location, which is not the driver’s home
He was travelling to home
muckles:
or to return
from that location,He was not travelling to or returning from the location where the truck was left
It’s not about the car, it’s about the location of the “In Scope” vehicle.
If that isn’t at base or the drivers home.
It doesn’t say where the vehicle is left, it says where the driver is travelling to/from when either taking over or leaving an in scope vehicle. He was leaving a vehicle and traveling home
Rikki-UK:
Evil8Beezle:
It appears a couple of posters have derailed this thread!
No just a couple of us still enjoy a decent discussion without feeling the need to decry other members
Tachograph I am sure is more than aware I am arguing the semantics just for the sake of a decent conversation, we both know how the law works in practice
In practice I’m sure DVSA aren’t going to be worried about a driver being collected by his missus away from base or in this case his missus getting the truck back to base while he drives the car.
And I’m not accusing the Metcalf driver of doing a dodgy anyway, he could well have had time to run.
But if Muckles Haulage (Norfolk) out based some of his trucks in Felixstowe and told the drivers they couldn’t spend nights out in them as they were double shifted, but they should just drive home each nigh, but no need to record that as duty time, only record duty time coming into work in the morning I’m sure DVSA would be having a word if they found out.
But if Muckles Haulage (Norfolk) out based some of his trucks in Felixstowe and told the drivers they couldn’t spend nights out in them as they were double shifted, but they should just drive home each nigh, but no need to record that as duty time, only record duty time coming into work in the morning I’m sure DVSA would be having a word if they found out.
If the trucks were specified on the Felixstowe base operators licence then would not have to record either as travelling from home to a vehicles base is not in scope
Rikki-UK:
But if Muckles Haulage (Norfolk) out based some of his trucks in Felixstowe and told the drivers they couldn’t spend nights out in them as they were double shifted, but they should just drive home each nigh, but no need to record that as duty time, only record duty time coming into work in the morning I’m sure DVSA would be having a word if they found out.
If the trucks were specified on the Felixstowe base operators licence then would not have to record either as travelling from home to a vehicles base is not in scope
But I haven’t they just swap over somewhere round Felixstowe and go home.
and the driver share their cars, I knew I’d find a way of getting their cars there
Evil8Beezle:
It appears a couple of posters have derailed this thread!
More like the madness of EU hours regs unsurprisingly manages to derail TV programme content. 
Anyway let’s get this right commuting time to/from an out based/parked vehicle counts towards duty and not daily rest time but not if it’s at base.All seemingly based on the idea that only travelling to anywhere other than 1st base adds to potential tiredness issues even if the out base in question is actually closer to the driver’s home. 
But I haven’t they just swap over somewhere round Felixstowe and go home.
and the driver share their cars, I knew I’d find a way of getting their cars there
The guys travelling to collect the trucks would have to record the travelling time, the guys going home can do whatever they want
Evil8Beezle:
It appears a couple of posters have derailed this thread!
Yep sorry about that, 
Maybe we should get somebody important in the trucknet system to split the thread?
Do you know of anybody with that sort of clout?
Beezle has had a public slap down off the mods.
Rikki-UK:
But I haven’t they just swap over somewhere round Felixstowe and go home.
and the driver share their cars, I knew I’d find a way of getting their cars thereThe guys travelling to collect the trucks would have to record the travelling time, the guys going home can do whatever they want
Like I said I’m sure if it was done, DVSA would be having a word, but I suppose I could use your interpretation as my defence, but I personally wouldn’t be overly confident of winning the case.