Hi all just looking for a bit of advice, started a new job on Monday, gaffer is asking me to put the tacho on break when I get held up loading/unloading etc. even if it’s just for a few minutes he says it is to keep my working time down, is this legal I have, been driving 20 years and never been asked to do this before, I thought a break was for the driver to recuperate (rest).
Don’t do it.
It’s falsifying your record. DVSA take a dim view of it.
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kyoung:
Don’t do it.
It’s falsifying your record. DVSA take a dim view of it.Sent from my SM-G930F using Tapatalk
Don’t be so silly!
It’s not illegal, but it’s not the “proper” way either so it’s a grey area tbh.
I never use POA, POA is flawed (and potentially dangerous to your licence and wallet as it resets your driving time incorrectly), I always use break instead of POA it achieves the exact same result in regards to your WTD and if you’ve sat with your thumb up your arse for 15 - 30 or 45 then it’s all relevant to your legally required driving and WTD breaks too.
I’m with your boss 100% on this one.
I guess thats me told then.
Putting it on break whilst working.
Sounds legit.
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kyoung:
I guess thats me told then.
Putting it on break whilst working.
Sounds legit.Sent from my SM-G930F using Tapatalk
What work is he doing exactly? If he was WAITING to tip or WAITING for notes or just sat (like I said) with his thumb up his arse while a forklift or pallet truck was trundled up and down his trailer then NO he was NOT working…
If he was tipping at LIdl or shovelling off top soil manually then yes he was working and the tachograph should be on OTHER WORK denoting that, it certainly wouldn’t be on POA would it??
You really need to look up what POA means before you get sarky with me over using break instead of POA… just a suggestion!
kyoung:
Don’t do it.
It’s falsifying your record. DVSA take a dim view of it.Sent from my SM-G930F using Tapatalk
Absolute tosh. If you are not driving or doing any other work I. E unloading or paperwork or anything that is actual work you can put it on break as much as you like. If your sat around waiting to be tipped or being tipped by someone else you are not working. Therefore you can use poa or break as required.
kyoung:
Don’t do it.
It’s falsifying your record. DVSA take a dim view of it.Sent from my SM-G930F using Tapatalk
Stop being so melodramatic.
A break doesnt HAVE to last 15, 30 or 45 minutes. A break can simply be five minutes if needed so long as the other driving/WTD breaks are adhered to.
Is pulling in for a quick pee actually other work? No? Well unless you change the mode to rest (I suspect very few do including myself) it’s a falsified record…
Ref POA it’s fine to use just remember to write down driving time totals if you think you may go over 45 mins of it in one hit (or 30 mins of it if you’ve already had a 15)
kyoung:
Don’t do it.
It’s falsifying your record. DVSA take a dim view of it.Sent from my SM-G930F using Tapatalk
Ok fellers. I get it.
So getting held up waiting to tip am I free to dispose of my time as I see fit?
Or am I available to work when requierd?
As in ready to work as soon as they can tip me?
Bit of a fine line this innit?
I think I’ll err on the side of caution.
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simcor:
kyoung:
Don’t do it.
It’s falsifying your record. DVSA take a dim view of it.Sent from my SM-G930F using Tapatalk
Absolute tosh. If you are not driving or doing any other work I. E unloading or paperwork or anything that is actual work you can put it on break as much as you like. If your sat around waiting to be tipped or being tipped by someone else you are not working. Therefore you can use poa or break as required.
Doesn’t he need to be advised how long it’s going to take to use poa?
vikingpete:
simcor:
kyoung:
Don’t do it.
It’s falsifying your record. DVSA take a dim view of it.Sent from my SM-G930F using Tapatalk
Absolute tosh. If you are not driving or doing any other work I. E unloading or paperwork or anything that is actual work you can put it on break as much as you like. If your sat around waiting to be tipped or being tipped by someone else you are not working. Therefore you can use poa or break as required.
Doesn’t he need to be advised how long it’s going to take to use poa?
Yes but anyone who understands the use of poa would know that. I was just referring to using poa or break as required.
kyoung:
Ok fellers. I get it.
So getting held up waiting to tip am I free to dispose of my time as I see fit?
You don’t need to be able to freely dispose of your time for a break, that’s a rest period not a break.Or am I available to work when requierd?
As in ready to work as soon as they can tip me?
Makes not one iota of difference for break, I think you may be confusing break with POA.Bit of a fine line this innit?
There’s no fine line here, if you can use the time exclusively for recouperation it can be booked as break.
Thats me told then.
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kyoung:
Ok fellers. I get it.
So getting held up waiting to tip am I free to dispose of my time as I see fit?
Or am I available to work when requierd?
As in ready to work as soon as they can tip me?
Bit of a fine line this innit?
I think I’ll err on the side of caution.Sent from my SM-G930F using Tapatalk
This is where you are confusing and mixing POA and breaks together, with POA you (are supposed) to know the duration of the POA period before you can class it as POA, with breaks whether it’s one minute or one hundred minutes it doesn’t matter as there is no predetirmened length that a break can or cannot be classed as a break, ONLY that you need to fulfill the legal minimum requirements to satisfy driving time and or working time breaks.
I can have a 10 min break, 45 min break, 2 min break and a 2 hour break all in the same shift, the second break satisfied the DHR and probably the WTD but it doesn’t change the fact that I’ve taken 2 hrs and 57 mins of breaks in that shift
You can use the break mode unless you are working…but dont forget that bosses can also get the hump when you have sat on a bay for an hour or so…and when you pull out go to the nearest cafe…moans cos you have just had a break of over an hour…in my opinion…they cant have it both ways…but a bit of give and take goes a long way…depends how my stomach feels.
If you’re not doing anything that could be construed as work when you set the tacho to break then you have no problem.
Reef:
kyoung:
Don’t do it.
It’s falsifying your record. DVSA take a dim view of it.Sent from my SM-G930F using Tapatalk
Don’t be so silly!
It’s not illegal, but it’s not the “proper” way either so it’s a grey area tbh.
I never use POA, POA is flawed (and potentially dangerous to your licence and wallet as it resets your driving time incorrectly), I always use break instead of POA it achieves the exact same result in regards to your WTD and if you’ve sat with your thumb up your arse for 15 - 30 or 45 then it’s all relevant to your legally required driving and WTD breaks too.
I’m with your boss 100% on this one.
It’s not illegal as you say nor is it a grey area. The OP never mentioned POA so don’t muddy the water.
steve4545:
Hi all just looking for a bit of advice, started a new job on Monday, gaffer is asking me to put the tacho on break when I get held up loading/unloading etc. even if it’s just for a few minutes he says it is to keep my working time down, is this legal I have, been driving 20 years and never been asked to do this before, I thought a break was for the driver to recuperate (rest).
Are you salaried ? If so keep your breaks to the bare minimum.
TiredAndEmotional:
Reef:
kyoung:
Don’t do it.
It’s falsifying your record. DVSA take a dim view of it.Sent from my SM-G930F using Tapatalk
Don’t be so silly!
It’s not illegal, but it’s not the “proper” way either so it’s a grey area tbh.
I never use POA, POA is flawed (and potentially dangerous to your licence and wallet as it resets your driving time incorrectly), I always use break instead of POA it achieves the exact same result in regards to your WTD and if you’ve sat with your thumb up your arse for 15 - 30 or 45 then it’s all relevant to your legally required driving and WTD breaks too.
I’m with your boss 100% on this one.
It’s not illegal as you say nor is it a grey area. The OP never mentioned POA so don’t muddy the water.
Sure thing, I’m here just to please you.
kyoung:
Thats me told then.
More than once!
Quit when you’re behind