On that basis, it would seem that, where a driver
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is not travelling directly home or to the operating centre from the location at which he parked the vehicle, this travelling time does not form part of the driver's duty period and it should not be necessary for the driver to record this time on his tachograph records. Should the driver who is no longer "under orders'', but chooses to travel directly home after relinquishing the vehicle, really be required to record this travelling time as part of his duty period?
This conflict will continue to have operators scratching their heads until there is a test case and the Divisional Court provides a ruling on the correct interpretation. Until then, a sensible test would seem to be: is the driver satisfying an obligation towards the operator? Each case can have its own particular circumstances so, if in doubt, legal advice should be sought. la • Laura Hadzick is a solicitor specialising in road transport at Aaron and Partners. Contact: laura.hadzick@ aaronandpartners.com