SAFE HAVEN FOR PERISHABLE GOODS Q Could you please settle an
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argument between ourselves and our transport manager. Our firm carries fruit and vegetables and we often have to deliver to chilled stores. Several times some of us have been delayed and have run out of our hours limit and parked up, but our transport manager tells us that we are endangering the load and can therefore run on to our destination.
R C Leyton.
AYour transport manager is right. Article 12 of EEC
Regulations 3821/85 allows for this situation: "Provided that road safety is not thereby jeopardised and to enable him to reach a suitable stopping place, the driver may depart from the provision of this regulation to the extent necessary to ensure the safety of persons, or the vehicle or its load. The driver shall indicate the nature of and reason for his departure from these provisions on the record sheet of the recording equipment or in his own duty roster."
So if you are delayed, say by traffic, and you are up to your hours limit, as long as you are not tired you may continue to your destination if that is the only suitable stopping place to secure the integrity of your load. But you must mark your tachograph on the rear and make sure your transport manager records it too.