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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11419
Experience:  30 years as a practising solicitor.
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There, we have a furniture company based in Leeds.Twice

Resolved Question:

Hi there,
we have a furniture company based in Leeds.
Twice a week we have to deliver into London.
The delivery run takes approx 13 hours and the drivers would be in a Luton 3.5 ton van.
Today one of the drivers has refused to do the run and claims that it is actually illegal for an employee to drive over 11 hours per day.
Please can you give me more information regarding this law.
Thanks
James
Submitted: 2 years ago.
Category: Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
From what you say, you are in breach of the rules for commercial driving within the UK. The rules are as follows:
"Domestic driving limits
Driving is defined as being at the controls of a vehicle for the purposes of controlling its movement, whether it is moving or stationary with the engine running, even for a short period of time.
Daily driving
In any working day the maximum amount of driving permitted is 10 hours. The daily driving limit applies to driving on and off the public road. Off-road driving for the purposes of agriculture, quarrying, forestry, building work or civil engineering counts as duty rather than driving time.
Day: The day is the 24-hour period beginning with the start of duty time.
Daily duty
In any working day the maximum amount of duty permitted is 11 hours. A driver is exempt from the daily duty limit (11 hours) on any working day when he does not drive.
A driver who does not drive for more than 4 hours on each day of the week is exempt from the daily duty limit.
Duty: In the case of an employee driver, this means being on duty (whether driving or otherwise) for anyone who employs him as a driver. This includes all periods of work and driving, but does not include rest or breaks. Employers should also remember that they have additional obligations to ensure that drivers receive adequate rest under health and safety legislation."
I hope this helps
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Customer: replied 2 years ago.

Hi there,

thanks for the information.

I just have a couple of questions.

1) If we have 2 drivers in the van. Would they be able to do the 13 hour run between them. In other words, one driver has a break whilst the other man drives. That way each man would only drive for 6.5 hours each.

2) What are the potential fines (approx) which we could receive if we were to be caught breaking these rules?

Thanks

Expert:  JGM replied 2 years ago.
1. Not really as they are both working for more than 11 hours.2. Up to £2,500 per offence.
Customer: replied 2 years ago.
Hi there, final question. When you say upto £2500 per offence. Does this mean if they investigated us today and looked at past records, we could be fined £2,500 for every time a van has been to London. In other words if they found 10 delivery runs we could receive a fine of £25,000?
Thanks
Expert:  JGM replied 2 years ago.
Yes that would be possible.