A few years ago I was driving out of Plymouth to head north. It was a bad, snowy day and guess what? I hit a jam somewhere south of the climb up to Exeter racecourse on the duel carriageway A38. I was on about 6 hours driving time when I stopped, but I’d started the day at 7 am, and it was about 5pm. The time ticked away, we sat there forever and I didn’t move again untill nearly midnight. Of course I still had driving hours, but the working time had expired…15 hours…stop driver!
As I passed the obstruction (frozen snow) I asked a VOSA person what I should do and was told “pull in and stop on the layby about a mile ahead” It was full…next stop, Exeter services but I didn’t have enough money to pay for overnight there. I was still in a slow moving queue when I passed a cop car I hailed them & told them my predicament, he asked me where I would go to and I told him there was free lorry parking at Exmouth, but it was about 25 mins drive from where I was. He said to go there, write on the printout that I’d been held up etc etc.
I drove to Exmouth & parked up & I was well within my driving hours, but I think my working day ended up something like 16.5 hours. So who was right…the Police who said I should go to Exmouth, or VOSA who said I should park up as soon as? Either way I was over my time.
If you get an opportunity like that for two opinions just get a number/name off the police and vosa, and make a note on chart/printout, just then use the direction in your best interest. Even if it was to crop up and be investigated, assuming either party could recall exactly what was said, the police and VOSA would never get into a public argument. As a general rule in most cases VOSA are the police’s ■■■■■■■ and bite their tongue even when they know the police are talking crap or in the wrong.
Most things like breaking driver’s hours rules, driving through weight limits etc are all ok if directed to do so by a copper, always worth jotting down their number though.
In adverse weather conditions you are allowed to get to the nearest safe parking.
Neither the police or vosa were correct. They can’t tell you where to go because they don’t know what it’s like further up the road.
It dosn’t matter how long it takes you to get somewhere when a situation arrises, You make a written record, and that’s all you need to do.
Born Idle:
‘… So who was right … the Police … or VOSA …?’
Rather than playing your Mum off against your Dad for a definitive answer in such circumstances, the law (as I’ve experienced) is likely to sympathetically accept ‘that which is reasonable’ under unforeseen or unavoidable conditions at the time.
I imagine that, given that they might speak to each other, any Government agency getting a sniff that there’s a driver ‘pushing-on’ beyond a reasonable, ie., a safe and do-able opportunity in the hope of achieving greater leniency from one or other of them is unlikely to be considered reasonable: Isn’t that the crux of it
Although I’m currently only a day-bloke perhaps remain mindful that ‘they’ (whoever ‘they’ are):
1 All have an option be unpleasant
2 Like you and I, can probably see a p-take when presented with one, and
3 Often have to justify themselves these days with prosecution ‘targets’ to keep both Big Brother happy - and possibly their job too
I am happiest when:
4 I’ve a reasoned script of evidence based reasons (those being distinctly different to what they’ll possibly reason as b/s excuses), and document them if it’s vaguely beneficial to keep anyone in the food chain above me content - being mindful that we’re at the bottom of that chain
5 Not giving anybody any rope to hang me with
Conclusion? Needlessly subordinating ourselves to ‘push-on-itis’ under today’s often liberal but also often reasonable social and political conditions is wasted energy
I believe the law states “you can exceed your hours in an emergency/unforeseen event but only to the nearest safe parking”
They would accept that the layby was full, but as you clearly stated the next place was Exeter services. Not having the ability to pay for the parking there would not be an acceptable excuse to press on. Anyway if that was the case, what about the industrial estate next to the services? You could even be cheeky and walk over to use the facilities.
Yes common sense would allow that scenario, but all it takes is for you to get checked by “the nasty one” and you would be in a whole heap of trouble.
I dont think not having enough money to pay for parking is an acceptable excuse for going a further 25mins over your time. You could of had funds transfered into your account, some of these services you can pay over the phone which your boss could of done or failing that you or your boss would of just had to pay the fine for the parking.
All very good advice posted above
Give the guy a chance to think about it tho
He says this happened a few years ago and he has only just thought about it now
The guy clearly needs time very apt user name too
Saaamon:
I dont think not having enough money to pay for parking is an acceptable excuse for going a further 25mins over your time. You could of had funds transfered into your account, some of these services you can pay over the phone which your boss could of done or failing that you or your boss would of just had to pay the fine for the parking.
Yet again the word “fine” is used in a sentence about parking. Private parking companies cannot issue fines, just invoices.
If you find yourself in the same situation in the future, just park at the services, get your head down and don’t worry. Simples.
I find it amazing that the OP found a VOSA person out on the icy/snowy A38.
green456:
All very good advice posted above
Give the guy a chance to think about it tho
He says this happened a few years ago and he has only just thought about it now
The guy clearly needs time very apt user name too
Only joined this forum recently, and was reminded of the scenario reading another post.
User name…that’s the name of my old punk band. I use it a lot on internet forums.
The industrial estate next to Exeter services is ok if you can leave early. But I was wary of having to have the full 9 hour period and didn’t want to wake up to find I was blocked in. there might be other places to park in exeter, but I wasn’t aware of them so should I spend more time driving round over my permitted working time trying to find somewher to park, or head to Exmouth where I know I’m ok?
I would have stayed at Exeter and worry about the money later, there has been a cash machine there for as long as I can remember, rather than try for Exmouth. If the A 38 was that bad then the Exmouth road I would not have risked. Then again it’s all in the past and not likely to be any more than a learning opportunity.
Had a similar situation in Scotland a couple of years ago, rang the police (not 999) got a log number and proceeded to find safe parking, ended up with a 17 hour spread
Semtex is quite correct. Article 12 of EC 561/2006 (the Regulations that govern a Drivers Driving time & rest limits) says:
Issue: A driver can deviate from driving time and rest limits under unexpected and exceptional circumstances Article: 12 of Regulation (EC) No 561/2006. But there is a proviso following a case of Harding v VOSA from 2010 which says:
Provided that road safety is not thereby jeopardised and to enable the vehicle to reach a suitable stopping place, the driver may depart from Articles 6 to 9 to the extent necessary to ensure the safety of persons, of the vehicle or its load. The driver shall indicate the reason for such departure manually on the record sheet of the recording equipment or on a printout from the recording equipment or in the duty roster, at the latest on arrival at the suitable stopping place”
Not having the ability to pay at Exeter Services would not justify the breach of Regulation. If you search the Internet under EC Guidance Notes 1-4, you will find some excellent info on what a Driver can do in such circumstances.
Also in relation to a comment very early in this thread re “VOSA having 12 months to go back”. That is incorrect as breaches of Articles 6-9 (Drive & rest limits) are Summary offences only and there is a 6 month statute upon them from the day of commission.
