IOSH forums home
»
Our public forums
»
OSH discussion forum
»
Limit to how much driving can be done in a day
Rank: Guest
|
Posted By Shaun Brennan
Can someone please clear up how many hours a day or miles a day i can do in a car legally as i seem to have started WW3 on speed camera debate taht i do (sometimes) 3000 miles aweek
Bugsy
|
|
|
|
Rank: Guest
|
Posted By Rob T
Shaun, there is no legal limit for you in your car.
Cheers
Rob
|
|
|
|
Rank: Guest
|
Posted By J Knight
Hi Shaun,
There isn't a limit as such, but there are factors you and your employer should take into account when determining your work load. Its the time, rather than the distance that's the problem, though the more miles you do the more risk (all other things being equal) you will be at.
For example, a good rule of thumb is to look at how long HGV and other regulated drivers are allowed to work in total on a day. Also think about the WTregs and what they say about how long you should be working. But there are no actual limits, and if you feel that you're not too tired at the end of the day you may well be right. However if (perish the thought) you were to be involved in a fatality or serious injury RTC the Police/HSE would examine your working pattern, and on the face of it it could be quite hard to defend if they felt your fatigue had caused or contributed to the incident,
John
|
|
|
|
Rank: Guest
|
Posted By jackw.
3000 a week??? 600 a day on average 5 days. Thats about London to Aberdeen every day. Think you are having us on!!! when do you get time to work????
|
|
|
|
Rank: Guest
|
Posted By Alexander Falconer
600 miles a day, even at averaging 60miles an hour thats a 50 hour week just driving, then if any work is being done on top of that = in excess of the working time regs.
Could open a big can of worms here
|
|
|
|
Rank: Guest
|
Posted By Shaun Brennan
jackw
i do do 3000 miles but not every week and an average is about 2000 miles i set off at around 04.30 in the morning and i travel to where i need to be say Southampton from Blackpool and when i have finished at that location i drive to the next one i sometimes get into my hotel at 10 at night, butthen the following day i would probably drive 3 miles to my next location but hen 4oo miles to the next
Bugsy
|
|
|
|
Rank: Guest
|
Posted By Gff
Nobody disputed that it could not be done, the question is, is it practical.
If you choose to do it, thats up to you I just thought it was a bit over the top
Sorry for any upset caused
G'
|
|
|
|
Rank: Guest
|
Posted By Merlin
Daily Driving-9 hours. Can be extended to 10 hours twice a week
Fortnightly driving- Maximum 90 hours in any two consecutive weeks.
Breaks from driving- After four and a half hours driving, a driver must take a break of at least 45 minutes. The break is a period during which the driver may not perform other work and is exclusively used for recuperation. This break may be split into smaller periods and distributed throughout the 41/2 hour. In this case, the first period must be at lest 15 minutes, and the second period must be at least 30 minutes.
Daily rest-11 hours in the 24 hour period commencing at the end of the last daily or weekly rest period. This may be reduced to 9 hours no more than three times between any two weekly rest periods. There is no compensation required. Where a driver chooses to take daily rest periods away from base, they may be taken in a vehicle provided that there are suitable sleeping facilities for each driver and the vehicle is stationary
Weekly Rest -Within six 24 hour periods from the end of the last weekly rest period, a driver will extend a daily rest period into either; a regular weekly rest period of at least 45 hours, or a reduced weekly rest period of less than 45 hours but at least 24 hours.
In any two consecutive weeks, a driver shall take at least two regular weekly rest periods, or one regular weekly rest period and one reduced weekly rest period of at least 24 hours. However, the reduction shall be compensated by an equivalent period of rest taken en bloc before the end of the third week following the week in question.
So if you drive, whats left for the working activity
|
|
|
|
Rank: Guest
|
Posted By Shaun Brennan
Merlin
what you have just quoted is for vehicle fitted with a tachograph and does not apply here mate.
Bugsy
|
|
|
|
Rank: Guest
|
Posted By Jonathan Breeze
Merlin,
What law, document or guidance is this taken from?
A reference would be great thanks.
|
|
|
|
Rank: Guest
|
Posted By Shaun Brennan
G
no upset caused i am literally looking for ammo to go and see my bosses as this has been on the table for a while and i would like to get a general sensus and maybe even a legal directive as ammo
Bugsy
|
|
|
|
Rank: Guest
|
|
|
|
|
Rank: Guest
|
Posted By Shaun Brennan
Jonathan
i saw the article and i have checked out the driving laws and they are for vehicles fitted with tachographs but i cant find anything legally for a car driver, if the court case became a precedent, then i would have ammo and a case to argue.
Bugsy
|
|
|
|
Rank: Guest
|
Posted By MT
Perhaps instead of trying to find legislation relating to the hours spent driving, you could look to the Working Time Directive regarding the hours you are working?
|
|
|
|
Rank: Guest
|
Posted By Shaun Brennan
thanks, i am actually logging everything i do at the moment and i am going to present at my next meeting
Bugsy
|
|
|
|
Rank: Guest
|
Posted By Robert K Lewis
The general requirement for all drivers set out in the working time directive is that where driving hours exceeds 4 then the manadatory working day should not exceed 11. Employers cannot insist on this limit being broken.
There is also no exclusion for balancing the time out over a series of days. Drivers exceeding the 11 hours total with 4+ hours driving by choice lay themselves open to close questioning if there is a suspicion that tiredness was a factor in a RTA.
Bob
|
|
|
|
Rank: Guest
|
Posted By Shaun Brennan
Bob
thanks for that, i havent seen or heard of that before and it makes sense. Thank you
Bugsy
|
|
|
|
Rank: Guest
|
Posted By Tabs
04h30 - 22h00 !
Bugsy, you really must think carefully about your future in this profession, I think it is at risk ... if you have an accident (God forbid) at 22h00 having started at 04h30 you would probably find your behaviour indefensible in front of the court.
In the case quoted by others, the Judge apportioned 33% of the blame onto the driver. I would anticipate your blame share to be almost 100% given your position.
Please, protect your future and travel in work hours, or take very appropriate breaks (a break from driving means rest - not doing the day job).
I hope you will be able to explain to your management, that your physical ability to resist fatigue is not that much different from a lorry driver - yet you may be required to make managerial and business decisions. Why limit driving hours for one and not for others?
|
|
|
|
Rank: Guest
|
Posted By James Lawrence
This article came in my in box today.... useful reference
Briefing alert
Tired driver to sue employer over road accident
A Bradford-based firm which encouraged a culture of long hours has been found liable at the Court of Appeal for a road accident in which one of its workers was paralysed.
Michael Eyres, who was flung from his van after falling asleep at the wheel, can sue the company where he worked as a kitchen fitter for damages expected to exceed £1 million. His final award will be reduced by 33% because of his own contributory negligence in not wearing a seatbelt and knowing he was at risk of falling asleep after working for 19 hours.
However, Lord Justice Ward who gave the ruling at the Court of Appeal, said Mr Eyres, who was 20 at the time of the accident on the M1 in 2004, was "in that predicament because his employers had put him there". Next to him fast asleep in the van was Craig Atkinson, the 28-year-old managing director of Atkinsons Kitchens and Bedrooms.
Lord Justice Ward and two other appeal judges overturned a High Court ruling that Mr Eyres was to blame for the accident because he was using a mobile telephone.
It is not in dispute that his average speed must have been 83 miles an hour on the motorway and he had received and sent text messages while at the wheel, although Mr Eyres told the High Court judge he had not used his mobile phone for more than 20 minutes before the accident.
Lord Justice Ward said that on the balance of probabilities, the cause of the accident was not using a mobile phone but falling asleep.
Around 300 people are killed each year as a result of drivers falling asleep at the wheel, and about 4 in 10 tiredness-related crashes involve someone driving a commercial vehicle.
Advice is available at the Department for Transport’s dedicated website at:
http://www.dft.gov.uk/drivingforwork/
|
|
|
|
Rank: Guest
|
Posted By Fred Pratley
Bugsy,
To the best of my knowledge, there is no legal limit in terms of car/van driving. There is one case some little while ago, details of which I have mislaid, where a courier company was sucessfully prosecuted for the death of a driver on his day off.
The gist of the case was that he was doing all the hours he could and mangement knew and condoned his actions.
Result was he fell asleep at the wheel on a Sunday while driving in his own car following a particularly stint of long hours over a couple of weeks.
I believe the fault found was that this was reasonably foreseeable and it was only chance it happenned in his own car and not a company vehicle.
I also know of an accident caused by long hours driving which is under investigation.
Similar scenario, except a Corporate Manslaughter charge is likely to result, because this time the driver survived but killed 3 others in a car on the other side of the road.
I have also met several peolple involvled in insurance or BSI audits system that require extensive travel between jobs (much as previously described) and their limitations are based on 10 hour working day - 2 driving to site, 8 on site, then local overnight hotel.
Hope this helps
Fred
|
|
|
|
Rank: Guest
|
|
|
|
|
Rank: Guest
|
Posted By Ian P
Following some nasty accidents I had plenty of ammo to introduce hours of driving restrictions to our occupational driving policy, max. 10 hours a day driving only and max 11 hours a day driving and work with 15 minute breaks every 2 hours. I now stay in hotels overnight on particularly long trips instead of driving back armed with strong coffee and matchsticks to prop my eyes open. I have to admit to some scary incidents caused by micro sleeps and know of other employees who have driven horrendous distances to get back home in the same day before the new rules came in, accidents waiting to happen.
|
|
|
|
Rank: Guest
|
Posted By Mike Wink
As Safety Professionals, we conduct Risk Assessments on work carried out by employees, restricting their activities (Were Required)by the nature of the risk. This system must also take account of our own activities. Would you allow an operative on site to conduct themselves in this manner?? Your risk assessment should be given to your employer and your working day should at least fit in with the Working Time Directive!!
|
|
|
|
Rank: Guest
|
Posted By J Knight
Hi Shaun,
This took some finding, but its a brief report of a case last year following the death of a driver who had been working long hours in a potato factory (and here's me thinking they grew them ;-)). He wasn't even at work, but his employer was still done under HASAWA, and fatigue because of the pattern of his work was the problem, anyway, here it is http://www.tuc.org.uk/h_...2043-f0.cfm#tuc-12043-15
John
|
|
|
|
Rank: Guest
|
Posted By Shaun Brennan
John
thanks for that i now have a least 3 cases that i can table and i am sure that the firm will need to sit up and take notice
Bugsy
|
|
|
|
Rank: Guest
|
Posted By Dave Faragher
Shaun,
I would suggest you look at www.brake.org.uk you should find this site useful,
Faragher
|
|
|
|
Rank: Guest
|
Posted By Brett Day
The Highway Code does recommend as a minimum a 15 minute break every two hours driving, Any offence commited due to tiredness would as a minimum come under driving without due care and attention, if this was found to be partially or wholely as a result of pressuress imposed by an employer then the employer can be prosecuted under the Road Traffic Act by virtue of causing or permitting a driver to commit an offence.
Talk to your local traffic division, they can be a good source of info regarding rest breaks and shifts for no tacho vehicles such as cars.
From my point of view, if a company driver told me he was doing the hours and mileage you were I would be looking to put a knock on it asap as the chance of you 'microsleeping' is almost a certainty.
Have you ever arrived somewhere or at some stage in your journey found that you don't remember the last five miles or how you got there? If so you are certainly too fatigued to continue driving safely.
|
|
|
|
Rank: Guest
|
|
|
|
|
Rank: Guest
|
|
|
|
|
Rank: Guest
|
Posted By peter gotch
Hi Shaun.
Does your employer actually think you do quality work on the basis of this type of shift pattern?
Why not fly/train and local taxis?
Regards, Peter
|
|
|
|
Rank: Guest
|
Posted By David A Cooper
All I would say is:
WORK:LIFE BALANCE
|
|
|
|
Rank: Guest
|
Posted By Chris Jerman
As mentioned many times, there is of course no specific law controlling car driver hours. Sure, much that can be bent to fit, but no specific reg. However, this would not deter a court. Look at the result of the Selby train crash when the Landrover left the M62. Your Company has to understand the direct implications of either allowing you OR encouraging you to do these miles - Section 37 anyone?
You must stack up a whole heap of Nectar points on your fuel!
|
|
|
|
Rank: Guest
|
Posted By Shaun Brennan
Dear All
thank you all for your comments sat down with my boss today and logged on to this web site, showed the comments and he just said he didn't realise that myself and two other colleagues were doing these ridiculous hours and we are to cease forthwith and he is going to implement stricter guidelines. He said he knew we were away a lot but didn't realise we were spending so much time on the road( we all work from Home)
Thank you for all your advice
Bugsy
|
|
|
|
Rank: Guest
|
Posted By J Knight
Result!
John
|
|
|
|
Rank: Guest
|
Posted By Chris Jerman
Back of the net!
|
|
|
|
IOSH forums home
»
Our public forums
»
OSH discussion forum
»
Limit to how much driving can be done in a day
You cannot post new topics in this forum.
You cannot reply to topics in this forum.
You cannot delete your posts in this forum.
You cannot edit your posts in this forum.
You cannot create polls in this forum.
You cannot vote in polls in this forum.