Stuck in traffic - no joke
Although the government have made limited provisions for the relaxation of drivers' hours rules, in this severe weather it is worth remembering the Article 12 provisions that allow deviation from the drivers' hours rules
The provisions state that provided that road safety is not jeopardised and to enable the vehicle to reach a suitable stopping place, the driver may depart from the drivers' hours rules to ensure the safety of persons, the vehicle or its load. The driver needs to note the reason for the departure on the back of the tachograph chart or on the print out. It is advisable to keep any other evidence to back up that the conditions were such that the driver had to rely on the Article 12 exemption.
The provisions are only intended to be used in emergency situations and do not relieve operators from their responsibilities to schedule work so that it can be safely done within the drivers' hours rules. Article 12 only applies to unforeseen events; it cannot be used if the particular event was known before the journey commenced. During periods of bad weather, extra time should be factored in to the planning of the drivers' work and operators should keep themselves informed of the latest weather forecasts.
Topics
- February 2012 - Animal welfare transporter authorisation due for renewal
- January 2012 - Traffic Commissioners issue guidance for applications for operator licences during the Olympics
- January 2012 - Traffic Commissioners issue guidance for applications for operator licences during the Olympics
- December 2011 - A new approach from Traffic Commissioners to public inquiries
- November 2011 - VOSA introduces new application form for an operator’s licence
- October 2011 - Operator licence holders – don’t miss the 17 October deadline
- September 2011 - Being green – but still need a tachograph
- August 2011 - Tachograph offences – what constitutes driving?
- July 2011 - Face to face with the Traffic Commissioner
- July 2011 - Directory of detailed advice given in Topic of the Month articles.
- June 2011 - MOTs – get VOSA on side
- May 2011 - Traffic Commissioners get tough with Transport Managers
- April 2011 - Financial standing for operators – another nail in the coffin of the small haulier?
- March 2011 - Changes to drink drive laws
- February 2011 - Car insurance – is yours valid?
- January 2011 - An operator’s licence or not an operator’s licence?
- December 2010 - Stuck in traffic - no joke
- November 2010 - Getting the message across
- September 2010 - New drivers - make sure that you are insured.
- August 2010 - A change of mind
- July 2010 - Legal costs – a victory for the innocent
- June 2010 - Taking an LGV driving test - make sure you know the rules
- May 2010 - Driver unable to find safe parking
- April 2010 - How soon do I need to “report “ an accident?
- February 2010 - Pitfalls when applying for an operator's licence
- January 2010 - Called to Public Inquiry ?
- December 2009 - Careless talk costs points on the licence
- November 2009 - Your NIP is in the post!
- October 2009 - Thinking of making an application of an operator's licence?
- September 2009 - Are VOSA targeting the right vehicles?
- August 2009 - The new driver CPC - the hidden costs for non-compliance
- July 2009 - Driver defect reporting- yet more paper filling or the key to successful operation?
- June 2009 - Beware of the dangers of summer drinking
- May 2009 - Taking the penalty
- April 2009 - New "L" plate proposals
- March 2009 - Duties to the Traffic Commissioner when a business fails
- February 2009 - Don't get caught without an operator's licence
- January 2009 - How to lose your operator's licence without thinking
- December 2008 - Perils associated with a winter wonderland
- November 2008 - Time to get tough on Working Time
- October 2008 - Blue badge parking - abuse and reform
- September 2008 - New provisions for careless driving.
- August 2008 - All change to operator licensing
- July 2008 - First impressions count