vigfanbke:
I am not doing any work for 2 weeks so how the hell does this affect me , the next time i drive i would of had 2 weeks off…thats plenty of rest aint it ?
It may be plenty of rest but it still doesn’t comply with the regulations, as Coffeeholic and Simon have pointed out you need to take a daily rest of at least 9 hours within 24 hours from the start of the shift.
A little time spent brushing up on the regulations may be helpful to you 
vigfanbke:
I am not doing any work for 2 weeks so how the hell does this affect me , the next time i drive i would of had 2 weeks off…thats plenty of rest aint it ?
As I said already, it doesn’t matter how much rest you actually take it is how much falls within the 24 hour period beginning when you started work that is important and unfortunately in your case this was 8.5 hours, 30 minutes less than the minimum required.
This is actually the most fundamental part of the regulations. The entire thing is built around how much rest is required in a 24 hour period and when you get that wrong everything else goes out the window.
Say you had driven today and where stopped and checked, or you had your records checked at a later date, everything you had done today would be added to what you did yesterday as insufficient daily rest was taken. We could have read about you in Commercial Motor and we may have read you had been working something like 35 hours and driving for 18 hours with insufficient rest and people would have been saying what a danger you were and you should be locked up and the key thrown away because they wouldn’t know you just had 30 minutes less daily rest than was required. When you read about those foreign drivers being done for these long hours it is usually because of not enough rest rather than actually working straight through but when they put it this way it looks far worse and is more likely to get a conviction - especially from a magistrate who hasn’t a clue about the Driver’s Hours Regulations.
vigfanbke:
i will be waiting for a letter
either from the agency about the infrindgements
or from vosa !!! … thats put me off me turkey now …
ta …
You may, at some stage, be asked to sign a form to confirm that you have been told about the infringements. This is basically to cover the agency/company so that they can prove they have made an effort to keep their drivers within the regulations.
Write your explanation on the back of the tacho. There is every possibility that you won’t hear anything more about it. But the more times it happens, the more likely you are to get into trouble.
Don’t let it spoil ya dinner though! 
Wheel Nut:
although you have also gone over a long 15 hours, the spreadover as such doesnt exist, but it’s the best word for it.
Simon. I put this bit in just to call it something.
Spread-over isn’t mentioned anywhere in the regs.
What the regs say is that you have to complete your time on duty and your daily rest, within 24 hours of starting your shift…
They also say that the minimum daily rest is 9 hours.
To be honest, I think many people are too many concentrating on POA when it is the Driving and Rest that will put VOSA in a hissy fit.
Im still going to sit down and let Neil carry on because he puts things in an easy, simple to follow way. I just confuse the issue
vosa are not really interested in a lot of things but missed breaks between driving time is a bit of a no no the thing you have in your favour is you were not driving constantly just write all the problems you had down and then you can sort of justify what happened if you get a tug but dont let it spoil xmas . what the others are saying is correct but if you can show adequate rest although over the 24 hour period they probably would not be interested
The whole hours things you have mentioned is confusing me mainly because i’ve been enjoying the xmass spirts all afternoon with my mates 
But especially since you are agency, at the point where you got held up on the M25 i would have been on the phone to either my agency or the company i was working for. To cover my back and also to get plans in place should you get to the point where your gonna go over your hours.
I wouldnt take any risks for a company i was temping for, a company maybe only gonna be in a few times.
ive had this because of a traffic jam a few times, where i’m gonna be going over the 15 hour limit because of a an accident, which lead me to be late for first drop, so had to wait ages getting tipped. Called up agency first to let them know so wouldnt be any hassle with getting paid and they contacted company so they could decide what they wanted me to do. In somecases been told to ignore one drop which wasnt important, or told someone would be out to meet me at a certain time so they could drive the truck back kinda thing.
If the company where so ■■■■■■ at you going over your hours, sounds like if you had contacted them they would have arranged something so you wouldnt have.
Kenny1975:
ive had this because of a traffic jam a few times, where i’m gonna be going over the 15 hour limit because of a an accident, which lead me to be late for first drop … or told someone would be out to meet me at a certain time so they could drive the truck back kinda thing.
Which also isn’t legal. If you are going to go over the 15 hours then the only really legal option is a night out.
Coffeeholic:
Kenny1975:
ive had this because of a traffic jam a few times, where i’m gonna be going over the 15 hour limit because of a an accident, which lead me to be late for first drop … or told someone would be out to meet me at a certain time so they could drive the truck back kinda thing.Which also isn’t legal. If you are going to go over the 15 hours then the only really legal option is a night out.
Didnt realise it wasnt legal, and not really surprised since at times common sense and the law doesent really go together.
Suppose if you’ve a truck full of frozen food, people waiting on it and also company needing the unit back. Legally you should park up leave the trailer for 9-11 hours and also put the unit off the road for 9-11 hours. So the company has to hire another unit, to go get the trailer. Costing a fortune.
but then again being realistic would enforcement agency do anything about the fact you did a 15 hour shift, held up in traffic and pulled over notified your employers who came got you? would such responsable behaviour in terms of safety and business sense be allowed.
You could go in a hotel and they could recover the vehicle, everyone happy then.
Sounds like a cost effective and sensible thing to do and no wonder why so many companies outta business and why so many people hate VOSA.
20 mins from base, get picked up no longer working. Get driven back no longer doing any actual work. In base get told to clock straight out your finished and told not to come back into work till later the next day yet your illegal and must be such a danger to other people sitting in the cab not driving.
Kenny1975:
Sounds like a cost effective and sensible thing to do and no wonder why so many companies outta business and why so many people hate VOSA.20 mins from base, get picked up no longer working. Get driven back no longer doing any actual work. In base get told to clock straight out your finished and told not to come back into work till later the next day yet your illegal and must be such a danger to other people sitting in the cab not driving.
Once again I’m only telling you what the rules say, it doesn’t mean I agree with them. I was merely pointing out that you said you wouldn’t take risks for any company and then chose to take a risk anyway.
Kenny1975:
Sounds like a cost effective and sensible thing to do and no wonder why so many companies outta business and why so many people hate VOSA.20 mins from base, get picked up no longer working. Get driven back no longer doing any actual work. In base get told to clock straight out your finished and told not to come back into work till later the next day yet your illegal and must be such a danger to other people sitting in the cab not driving.
Why would anyone hate vosa for it, vosa don’t make the rules, they’re only responsible for enforcing them, why shoot the messenger 
Sorry Coffey…but a number of companies still come and pick you…in the van…although your right it isn’t legal…I’ve even had one made me drive back in the a car…couldn’t really argue…i really ■■■■-up and ■■■■■■ them off…it wasn’t far
‘Vig’…before you get yourself into any real ■■■■…have a good read of the reg’s…and follow them as a Muslim does Allah…
You made your mistake…no big deal…i’ve and many others…have done the same…many of times (and still do)…always carry a toothbrush,paste…and little blanket
Forget POA…and put it on break…balancing out whether you need to do a full break or partial…to avoid taking a second if possible…
As has caught me out on a number of occasions…companies send you out…with the first drop nearby…you go and put it on POA…thinking you haven’t done much…when actually they haven’t told you…(or be it that the regular driver)…it’s best to put it on break there…cos things get messier later
If your in the wrong…as in this case…being 30mins over your time…bow down and stay humble in you manor towards the company your working for even if they go “APE” on yah…cos the truth is your putting their o-license a risk…
The minute you believe that you maybe in trouble with time…call them…so things can be arranged…
Most companies will cash up…if you do a nightout… Some will pay a day’s wages for you to driving back…although don’ t be surprised if they require a days work also…(they have to get something for their money)…
If a company doesn’t cash-up…well you just have to put that down to the fact that you ■■■■■■-up…and you may have screwed up their plans for the use of vehicle the following day…(although if it wasn’t your fault and they didn’t…that would be a different matter)…
Enjoy ■■■■■■■■ commercial Xmas…and don’t worry…you tacho by the sounds of it…shows everything is legal…It’s only if something serious happens and they really want to have a deep look at your records…would you have to worry…so just be a good lad out there!!!
SuperSmiley:
Sorry Coffey…but a number of companies still come and pick you…in the van…
Sorry for what? I’m well aware what happens in the real world as opposed to what the regulations want and I’ve been recovered myself in the past when running out of hours. I was only pointing out to Kenny who said he wouldn’t take risks for any company he was in fact sill taking a risk.
Sorry if it sounds as if i am having a go at you Coffeeholic, i aint just dispair at times with the Euro Regulations. Just seems at times you can’t do right for doing wrong.
I aint against laws and regulations for safety, but it makes me laugh when its stated these laws are for fair competition in Europe. How does that work when you can drive in the UK from a foreign country brakes the rules and nothing much happens. How does it work when other countries have much cheaper diesel. How does it work when other countries can pay drivers peanuts.
Ive always thought Driving regulations should have been a domestic thing where rules suited each country when you drove domestically. To with accident rates, quality of roads and other things i.e. 56mph limiter when our motorways have a 60mph limit.
As for VOSA, personally ive had few dealing with them and no problems. But ive heard of others who have had the opposite and been hammered for a one or two minor infringements which should have recieved a warning. Spoke with others who if they are stoped by the ministry will record the conversation so if it goes to court what was said is recoreded because in the past they have spoken with someone who then went and told the court the driver said something completly different.
Kenny1975:
How does it work when other countries have much cheaper diesel.
Nothing to do with Euro regulations and all to do with our Government.
Kenny1975:
How does it work when other countries can pay drivers peanuts.
Peanuts from our side of the fence, a decent wage based on the cost of living in that country, again nothing to do with Euro regulations
Kenny1975:
Ive always thought Driving regulations should have been a domestic thing where rules suited each country when you drove domestically. To with accident rates, quality of roads and other things i.e. 56mph limiter when our motorways have a 60mph limit.
Not for much longer.
Kenny1975:
As for VOSA, personally ive had few dealing with them and no problems. But ive heard of others who have had the opposite and been hammered for a one or two minor infringements which should have recieved a warning. Spoke with others who if they are stoped by the ministry will record the conversation so if it goes to court what was said is recoreded because in the past they have spoken with someone who then went and told the court the driver said something completly different.
Don’t believe what other drivers tell you of their dealings with VOSA, especially if it appears they have been hammered for very little. Either they are being economical with the truth or have not understood what they are actually getting done with. Just this week I had a driver telling me how VOSA had hammered him for writing his name on his tacho charts in the first name, surname order. He told me he had been done hundreds of pounds for this heinous crime and he had turned round and told them… etc etc. The problem with this unfair treatment he received is there is no law which defines which order your name must be written so there is no law he could be done under and the reason he turned round to tell them must have been so he could talk out of his arse.
It was the manner that he turned round in
I reckon the DSS Stobart lads with the vans could be sailing close to the wind with VOSA. OK the vans are for personal use but they are still doing a full shift and driving a company vehicle home.
Coffeeholic:
Kenny1975:
As for VOSA, personally ive had few dealing with them and no problems. But ive heard of others who have had the opposite and been hammered for a one or two minor infringements which should have recieved a warning. Spoke with others who if they are stoped by the ministry will record the conversation so if it goes to court what was said is recoreded because in the past they have spoken with someone who then went and told the court the driver said something completly different.Don’t believe what other drivers tell you of their dealings with VOSA, especially if it appears they have been hammered for very little. Either they are being economical with the truth or have not understood what they are actually getting done with. Just this week I had a driver telling me how VOSA had hammered him for writing his name on his tacho charts in the first name, surname order. He told me he had been done hundreds of pounds for this heinous crime and he had turned round and told them… etc etc. The problem with this unfair treatment he received is there is no law which defines which order your name must be written so there is no law he could be done under and the reason he turned round to tell them must have been so he could talk out of his arse.
As has been said on here many a time, the “attitude” test also plays a big part.
If you are fine with vosa, they are fine with you. When I was new, I had a shift where I spent the morning in the workshop painting up my bumper. A rush job came in, I put a tacho in and off I went. Stopped for a check and mr Vosa was “Suspicious”(sp) of such a short time and started asking questions.
Anyway he started to hint that I should have recorded the other work by manual entry (Like I said I was a newbie)
My response was “I realise that, I was going to ask about it when I got back but I’ll ask you instead, How do I do that?”
Got a load of help of the vosa man. They are there to help, but if you get Bolshy with them then they will through the book at you.
Believe it or not, they also do have a sence of humor.
I was on another job, wearing my T’net T-shirt and I had my nameplate in the window (check the user-name)
I was asked to “pop in and see the copper in the office” (everything was ok on the check)
Copper says “I see what you mean” and started laughing
Me " 
"
Vosa man “I told him there was evidence of semtex in your truck”
I’ve got a lot of sympathy with Vig cause the various regs take a lot of remembering. I have a memory problem which means I cannot remember stuff like this or any stuff for long. I had totally forgotten about the ten hour rule if you clock on before four am. Which I did not so long since.
So thanks to Coffee and the others for putting me right.
What I would like to do is find a site (or whatever) where I could download the basic regs, print them on A4, then laminate them so I could carry them in my bag. Might also settle a few arguements as well. There is nothing like having the proof on hand.
I used to have a laminated sheet but it’s out of date now.
As super smiley said in his last para, providing the co. isnt one that insists you draw start & finish duty lines on your tacho disc, a spot check will show that disc as clean AND no problem for the 10 hr night rule.
Accept your knuckle bashing from the co. If you go there again, speak to the guy who gave it you & tell him you have learnt from it. That should get you some brownie points back.
I think the worst here is you might lose 1/2 hrs overtime pay, so what!