Situation:
HGV /Class 1 Driver works for an Agency and is sent to a client company. Driver reports for work, leaves late due to snow. Gets on the road, return journey takes him to within one hour of his driving time regs but he is still about 55 miles from the depot. This would normally take him an hour but….The route is gridlocked (M25!), depot can’t/won’t send out relief drivers. Client company instructs driver to stay put at lorry park, for the duration of the 9 hour break he must now take as per the driving regs. After that period , he will proceed to the depot. When he gets there the client company may well ask him to turn round and do the same journey again in virtually the same weather conditions.
My questions:
Is the driver entitled to be paid for the whole time he has been in charge of the vehicle, ncluding the enforced break of 9 hours?
Is the agency in charge of the driver and his hours or the client company?
Can the client company insist on drivers going out when the Police are asking people to stay at home?
Bit long winded but it’s a very real situation. There are 400 drivers sitting on the M25 mainly because they have run out of driving time not because their vehicles have broken down. This only adds to the bad conditions.
Any help greatly appreciated!