PePiPoo Helping the motorist get justice

Welcome Guest ( Log In | Register )

CPC courses, spreading rumour as law
oldstoat
post Mon, 2 Sep 2019 - 16:30
Post #1


Member


Group: Members
Posts: 1,409
Joined: 16 Jan 2009
From: Up north
Member No.: 25,505



Just been doing a CPC for HGV course. Today, I was told by the instructor, that it is legal and lawful to exceed the speed limit when overtaking. I said, No it is not. He said yes, its in law. I said. No it may be discretion, but it is not lawful or legal. i have searched and find nothing in legislation to support the instructors view. He also stated that it is lawful or legal for an HGV driver to work for 84 hours in a week (breaks excluded). Again I said No. He said. Yes you can Work 6 days at 3x15hrs and then 3 x 13hrs less breaks. I said thats wrong. He then said Can you go through a red light. I said no, unless directed by a constable. He said, exactly, you can opt out of the 60hr maximum. I said No you cannot. He would not accept that he was wrong on both counts. OR am I wrong. Your thoughts folks

With regards the WTD hours and 84. I get 3x 15 = 45hrs and 3x 13 =39 equalling a total of 84. less a maximum of 6hrs breaks equals 79. That to me is still 19hrs over the maximum legal limit of 60. The instructor would not budge

This post has been edited by oldstoat: Mon, 2 Sep 2019 - 16:33


--------------------
Bridges burnt, Rubicons crossed. Parthian shots delivered, but always with style
Go to the top of the page
 
+Quote Post
 
Start new topic
Replies (1 - 8)
Advertisement
post Mon, 2 Sep 2019 - 16:30
Post #


Advertise here!









Go to the top of the page
 
Quote Post
Jlc
post Mon, 2 Sep 2019 - 16:37
Post #2


Member


Group: Members
Posts: 31,609
Joined: 25 Aug 2011
From: With Mickey
Member No.: 49,223



QUOTE (oldstoat @ Mon, 2 Sep 2019 - 17:30) *
...that it is legal and lawful to exceed the speed limit when overtaking.

By how much? 10%, 20%...? He may be confused with the tolerance (+10%+2mph) before further action is taken - you could arguably state that 'allows' the limit to be exceeded for an overtake for example. But even that is not in law.


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information

Private Parking - remember, they just want your money and will say almost anything to get it.
Go to the top of the page
 
+Quote Post
oldstoat
post Mon, 2 Sep 2019 - 16:40
Post #3


Member


Group: Members
Posts: 1,409
Joined: 16 Jan 2009
From: Up north
Member No.: 25,505



i asked that question re allowed by discretion. He stated itis LEGAL in all cases to exceed the speed limit to overtake and is enshrined in law.


This post has been edited by oldstoat: Mon, 2 Sep 2019 - 16:40


--------------------
Bridges burnt, Rubicons crossed. Parthian shots delivered, but always with style
Go to the top of the page
 
+Quote Post
PASTMYBEST
post Mon, 2 Sep 2019 - 16:48
Post #4


Member


Group: Members
Posts: 18,093
Joined: 6 Nov 2014
Member No.: 74,048



QUOTE (oldstoat @ Mon, 2 Sep 2019 - 17:40) *
i asked that question re allowed by discretion. He stated itis LEGAL in all cases to exceed the speed limit to overtake and is enshrined in law.



https://www.gov.uk/drivers-hours/eu-rules



--------------------
All advice is given freely. It is given without guarantee and responsibility for its use rests with the user
Go to the top of the page
 
+Quote Post
KH_
post Mon, 2 Sep 2019 - 17:03
Post #5


Member


Group: Members
Posts: 450
Joined: 1 Nov 2013
From: NG1
Member No.: 66,409



The CPC guy might be referring to POA - periods of availability.
I haven't driven HGV for a few years now but from what I remember they don't count towards WTD times.

If you know it's going to take around 2 hours to get unloaded you can put the tacho on POA and that 2 hours doesn't count towards WTD.
You do have to know it's going to be 2 hours (or however long) before you can use POA.

We didn't have to use it, our days were 10 or 11 hours but the bosses kept giving us info about it, maybe in the hope they would extend our hours...
Made us all redundant instead biggrin.gif
Go to the top of the page
 
+Quote Post
southpaw82
post Mon, 2 Sep 2019 - 17:10
Post #6


Member


Group: Members
Posts: 30,274
Joined: 2 Apr 2008
From: Not in the UK
Member No.: 18,483



You should probably ask for the course fee back.


--------------------
Moderator

Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed.
Go to the top of the page
 
+Quote Post
Jlc
post Mon, 2 Sep 2019 - 17:25
Post #7


Member


Group: Members
Posts: 31,609
Joined: 25 Aug 2011
From: With Mickey
Member No.: 49,223



QUOTE (oldstoat @ Mon, 2 Sep 2019 - 17:40) *
i asked that question re allowed by discretion. He stated itis LEGAL in all cases to exceed the speed limit to overtake and is enshrined in law.

Cool, then he can quote the relevant part. (And then ask for your fee back as SP suggests...)


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information

Private Parking - remember, they just want your money and will say almost anything to get it.
Go to the top of the page
 
+Quote Post
roythebus
post Thu, 5 Sep 2019 - 21:51
Post #8


Member


Group: Members
Posts: 5,440
Joined: 19 Dec 2006
From: Near Calais
Member No.: 9,683



It would seem to me that you can be on duty 15 hours a day providing you don't exceed the daily driving limits. It's common or bus and cach drivers to do a 16 hour spread providing they don't exceed the maximum hours. But lorry days may be different to bus days!
Go to the top of the page
 
+Quote Post
oldstoat
post Fri, 6 Sep 2019 - 17:35
Post #9


Member


Group: Members
Posts: 1,409
Joined: 16 Jan 2009
From: Up north
Member No.: 25,505



QUOTE (roythebus @ Thu, 5 Sep 2019 - 22:51) *
It would seem to me that you can be on duty 15 hours a day providing you don't exceed the daily driving limits. It's common or bus and cach drivers to do a 16 hour spread providing they don't exceed the maximum hours. But lorry days may be different to bus days!



As I understand it. If you put a digi card in at 0500 then the latest it must be either out or onto daily rest would be 2000hrs. No matter what the mix of driving other work etc.

It must be different for bus drivers


--------------------
Bridges burnt, Rubicons crossed. Parthian shots delivered, but always with style
Go to the top of the page
 
+Quote Post

Reply to this topicStart new topic
1 User(s) are reading this topic (1 Guests and 0 Anonymous Users)
0 Members:

 



Advertisement

Advertise here!

RSS Lo-Fi Version Time is now: Tuesday, 22nd October 2019 - 22:51
Pepipoo uses cookies. You can find details of the cookies we use here along with links to information on how to manage them.
Please click the button to accept our cookies and hide this message. We’ll also assume that you’re happy to accept them if you continue to use the site.