schrodingers cat:
If the police are so hot on this offence and it is such a danger to road users, next time I see a VOSA car “parked” on the hard shoulder on the entry slip at an m’way junction I’ll report them.
Or run straight in to the back of it and say “well you shouldnt have been ‘parked’ there”
Harry Monk:
The problem is, of course, trying to explain all this to some Spanish traffic copper three weeks later when he wants his 3,001 euro fine.
My thoughts exactly Harry, I still don’t have a digi card as our newest unit is an 06 with an analogue, but will have to sort one soon as we do have a rigid with one!!
shuttlespanker:
there are plenty of layby’s around junction 16, there is also a service area just up the road towards Alsager, approx 100 meters from the roundabout of the M6
To be fair that service area is usual full of parked cars, and the only place that an artic (or even a rigid) can stop is on the pumps.
polo:
Thurs pm joined m6 at stoke,just pass keele services traffic started to back up due to an accident nr 16 driving time I had was hour half left before needing. Brake my intended stop was Lymm for the night by the traffic got to 16 I was flashing up on digi for a break I knew I wouldn’t make sandbach so I came off at j16 got to island laybys full wide load bay on roundabout full so my option was to join the northbound slip and stop for a 30 min not ideal I know but away from motorway 22 mins into my break 8 mins remaining mrs pc traffic cop stops tells me to move on I explained my situation saying I have 8 mins left for my break she said I don’t care your moving to sandbach she quoted to me that she’s could endorse my licence for stopping on a motorway I said I been stuck in traffic I had no where else to park so I ask her. To sign a print out to authorise my movement before my break was up she’s said I will log it as a incident with control so I moved to sandbach to start another break sorry it’s long winded but for 8 mins I would of thought she would stay with me but I wasn’t a obstruction or anything foreign truck were on hard shoulder of main carriageway having 45s
polo:
Thurs pm joined m6 at stoke,just pass keele services traffic started to back up due to an accident nr 16 driving time I had was hour half left before needing. Brake my intended stop was Lymm for the night by the traffic got to 16 I was flashing up on digi for a break I knew I wouldn’t make sandbach so I came off at j16 got to island laybys full wide load bay on roundabout full so my option was to join the northbound slip and stop for a 30 min not ideal I know but away from motorway 22 mins into my break 8 mins remaining mrs pc traffic cop stops tells me to move on I explained my situation saying I have 8 mins left for my break she said I don’t care your moving to sandbach she quoted to me that she’s could endorse my licence for stopping on a motorway I said I been stuck in traffic I had no where else to park so I ask her. To sign a print out to authorise my movement before my break was up she’s said I will log it as a incident with control so I moved to sandbach to start another break sorry it’s long winded but for 8 mins I would of thought she would stay with me but I wasn’t a obstruction or anything foreign truck were on hard shoulder of main carriageway having 45s
polo:
Thurs pm joined m6 at stoke,just pass keele services traffic started to back up due to an accident nr 16 driving time I had was hour half left before needing. Brake my intended stop was Lymm for the night by the traffic got to 16 I was flashing up on digi for a break I knew I wouldn’t make sandbach so I came off at j16 got to island laybys full wide load bay on roundabout full so my option was to join the northbound slip and stop for a 30 min not ideal I know but away from motorway 22 mins into my break 8 mins remaining mrs pc traffic cop stops tells me to move on I explained my situation saying I have 8 mins left for my break she said I don’t care your moving to sandbach she quoted to me that she’s could endorse my licence for stopping on a motorway I said I been stuck in traffic I had no where else to park so I ask her. To sign a print out to authorise my movement before my break was up she’s said I will log it as a incident with control so I moved to sandbach to start another break sorry it’s long winded but for 8 mins I would of thought she would stay with me but I wasn’t a obstruction or anything foreign truck were on hard shoulder of main carriageway having 45s
lilysgranpa:
I parked on hard shoulder just on the exit slip from southwaite svcs one night. plod asked me why i was there and not in the lorry park.
i pointed out the numerous coach loads of ■■■■■■ up numpty football fans staggering about and the fact i had a tesco trailer full of beer and stuffs.
Reply; fair play mate, dont blame ya.
Own Account Driver:
This is where drivers hours rules end up risking rather than improving road safety. Drivers, especially post-digi, are so paranoid about going x mins over that they park-up in unsuitable places.
This is where a misunderstanding of the drivers’ hours rules ends up risking road safety.
Under no circumstances do the drivers’ hours rules overrule other parts of road traffic law. You are certainly not entitled to park up on the hard shoulder to take a tacho break, as you would be breaching the law applicable to Special Roads (i.e. motorways). The OP could have been ticketed for that offence and should think himself lucky merely to be moved on.
If the traffic has completely stopped, that is, the carriageway is closed, put the tacho to break - you are neither driving nor carrying out other work, and you can use the time to recuperate. You may get the necessary break whilst you’re waiting for the traffic to start again.
If, more likely, the traffic is stop/start, the drivers’ hours rules allow for unforeseen circumstances. Take the break at the nearest safe place and write the explanation on the back of the chart (or printout on a digital equipped vehicle).
Article 7 After a driving period of four and a half hours a driver shall take an uninterrupted break of not less than 45 minutes, unless he takes a rest period. This break may be replaced by a break of at least 15 minutes followed by a break of at least 30 minutes each distributed over the period in such a way as to comply with the provisions of the first paragraph. Article 12 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.
The Article 12 derogation is specifically granted to uphold road safety. The hard shoulder is not a suitable stopping place - you don’t stop there just because your tachograph is telling you to take a break.
However, you can only make use of Article 12 “to the extent necessary” - you must make use of the first suitable stopping place.
A useful reminder but I suspect the real problem drivers might be having is that these instances are being recorded as infringements by companies who are not taking the circumstances into consideration.
44 Tonne Ton:
A useful reminder but I suspect the real problem drivers might be having is that these instances are being recorded as infringements by companies who are not taking the circumstances into consideration.
Companies can call it an infringement if they like.