Tachy Cards and truckies

  jack 16:01 22 Oct 10
Locked

On leaving to gym recently I discovered a 7.5 ton box truck parked across the car park bay[ Car park 3 bays with 20 places in each]
The tail lift was down - so I reason OK they wont be long - so sat and listened to radio.
One of the guys sauntered over and said - Oops sorry mate - were out of time on the Tacho and cant move-- All that was required would be to back into one of the other bays whilst I and by this time 3 others cleared.
But it was clear he was not going to move any time soon.
So we had a kerb bumping exercise with risk of tyre damage across to the next bay to exit.

Was he having us over - was really 'locked down'

  Quickbeam 16:10 22 Oct 10

It was bad planning on his part to have the vehicle parked in a position that would cause problems while stationary, however long.

Regarding the reason, yes, with the new digital tachos any movement of the vehicle whatsoever while a statutory break is being recorded will record an offence and render the driver liable to prosecution. But as I said in the first paragraph, 'It was bad planning on his part'.

  al's left peg 14:32 23 Oct 10

I believe he can move it, but if he does so, he has to start his 45min break all over again. In essence if he has been parked for 30 mins and has to move, he has to start his 45min break all over again therefore wasting the 30 mins he has already waited.

WTM will correct me if this is wrong, but that is what was explained to me by a truck driver who had boxed me in last year.

  BT 17:14 23 Oct 10

Is there not a small leeway to enable the driver to find a safe place to park?

Once knew a driver who was pulled by the police for overgoing his time. He was perfectly within his rights to do so as he was carrying Alcohol and was required to park in a secure place. Police didn't seem to know the rules on this and took him to court where he was totally absolved and the police got a bit of a dressing down over it.

  Quickbeam 17:19 23 Oct 10

If he's been parked 30 minutes into a 45 minute break the 30 minutes stands as he can have a little and take a 15 minute break. If he was stood anything less than 30 minutes but more than 15 minutes, that period between 15 and 29 minutes will be nullified. Unless it was a full 30 minutes that was required, then it starts to get more complicated. That's assuming he wasn't right on the 4.5 hour driving limit when he started... click here If you don't work in transport, it's not worth the effort reading it:)

  Quickbeam 17:23 23 Oct 10

"Is there not a small leeway to enable the driver to find a safe place to park?"
You cab argue that if you're held up by unexpected major delays. But not for bad planning on the drivers part, or because the driver wants to go another 20 miles because that's where his mates are parked up.

  Quickbeam 17:28 23 Oct 10

A simpler chart click here

  WhiteTruckMan 19:27 23 Oct 10

to get bogged down in this, as the minutae is mind numbingly dull. However quickbeam appears to have got it quite wrong on the subject of split breaks. The first break must be a minimum of 15 minutes. It can be longer, but will be invalid as a break if less than 15 minutes. If the break is between 15 and 44 minutes then it is not a full break period, and a second break must be taken before the accumulation of 4.5 hours of driving time. this second break *must* be a minimum of 30 minutes long. It's a very common mistake toget things the wrong way round and take the 30 minute first. but if you do on a regular basis you will soon find yourself ass deep in infringement notices!

However speaking personally I dont happento agree with the principalof split breaks. Its perfectly legal to drive 2.5 hours, take 15 minutes out, drive another 2 hours, take 30, then drive 4.5 hours. which means driving 6.5 hours with only a 30 minute break. I was originally taught to imagine a 5.75 hour 'window' in the day that you could move about at will, and it should be impossible to position this window so that more than 4.5 hours of driving show.

More information from the horses mouth (vosa) can be found in this pdf document

click here

specifically page 13.

WTM

  Quickbeam 20:07 23 Oct 10

Like I said, it not that simple. The 15 minutes can be counted if it was a second break, we don't know what period of required breaks the badly parked driver was in.

Not very well set out on my part I admit, but my initial comment 'It was bad planning on his part' is really the problem. If you park a vehicle for a statutory break, it's you're duty to make sure that you're not causing an obstruction to any legitimate access.

  Quickbeam 20:10 23 Oct 10

Ah WTM, I just spotted what you meant, I put the 30/15 split in the wrong order, not 15/30, but 30/15... I should go to bed in disgrace:)

  Quickbeam 20:14 23 Oct 10

Just to confuse even more... the 45 stopped at between 16 & 45 can be counted as a 15, and then another full 30 taken to add up to 45.

Simples... no?

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