So on the tacho when you are approaching 4 hours 30 mins driving, you get a warning that a 45 minute break is required normally when you say work days, but does it still do it when your shift runs through midnight?
Been doing some night shifts for agency over the last few weeks and apparently I have got an infringement for insufficient breaks for 1 shift I did and are asking me to sign for it, they have sent a break down of the days I have done with total 1hr 16 min breaks and 6 hr 16 mins driving, but not a proper break down of the night this infringement happened, so told them I can’t sign anything until I have seen a tacho breakdown to see where this infringement actually happened.
Asking because there was no warning from the tacho indicating that I was approaching 4 hrs 30 mins driving. Thanks.
Is there a chance perhaps you had it on POA instead of break by mistake? That would reset your driving time on the tacho meaning you wouldn’t get a warning, but would show up as an infringement on the tacho analysis software of the company you were driving for. I can’t see working through midnight causing the infringement. Although I don’t do nights so I could be wrong [emoji23]
Sent from my iPhone using Tapatalk
Working through midnight wouldn’t be a problem I don’t think. To my understanding it just goes by your start and finish time.
For example a shift at 22:00 till 10:00 would count as one day on your tacho card and nothing would reset at midnight. If you were sitting on other work you would still need to record a break before 04:00 and not 06:00 if that makes sense. Drive time would still be before you reached your 4h 30m total.
I could be wrong, but I haven’t had any problems so far
Your driving time isn’t measured against the time of day / night, its purely wheels turning minutes, so it makes no difference if you go passed midnight. It still knows when 4.5 hours are approaching.
Insufficient break based on what you’ve said sounds like you went more than 6 hours without a break (working time for WTD) from start of shift.
I wouldn’t guarantee all tachos warn you about driving breaks and pretty sure VOSA would not accept that as an excuse, but doubt it was that anyway.
If you can get printouts from start day and finish day that’ll make it easier to spot. Btw, ignore the drive time and breaks totals on the printouts if you went over midnight as they do screw up.
They haven’t actually said if it was a WTD or driving time infringement, but shift compiled of put tacho in truck do walk around on other work, pick up trailer 1 min drive recorded, do trailer walk around on other work, then at least 15 break whilst they load it , then 3 hour drive, drop trailer, then at least 30 min break, then pick up return trailer with 3 hour drive tip it then finish for all 5 nights.
So unless they produce a proper print out, I have no idea what it’s for, so can’t sign for it until then.
I shouldn’t have thought it would of been a mistake by putting it on POA, as it is a mode I never use, I did have it on POA once by accident but put onto break when I noticed, wasn’t on it for long 
You worked more than you should have. Keep an eye on your working time in future.
Not all tachos will warn you, you need to keep an eye on your driving time.
Sent from my SM-A750FN using Tapatalk
WheelsofCardiff:
You worked more than you should have. Keep an eye on your working time in future.
How do you work that out?
Next time your in work do a printout for said shift and stick it on here
Sent from my iPhone using Tapatalk
I believe the only thing that changes when you cross midnight is your fortnightly average but thats Sunday midnight
Sent from my iPhone using Tapatalk
weeto:
WheelsofCardiff:
You worked more than you should have. Keep an eye on your working time in future.How do you work that out?
Some of the machines dont even show the drive time alarm. I always make it a habit ti press the button to see my driving time left.
weeto:
WheelsofCardiff:
You worked more than you should have. Keep an eye on your working time in future.How do you work that out?
Insufficient break
robthedog:
weeto:
WheelsofCardiff:
You worked more than you should have. Keep an eye on your working time in future.How do you work that out?
Insufficient break
I think 1 hour 16 mins on an 8 hour shift is more than enough to satisfy the WTD, I would of had at least half an hour 4 hours before the end of the shift.
weeto:
robthedog:
weeto:
WheelsofCardiff:
You worked more than you should have. Keep an eye on your working time in future.How do you work that out?
Insufficient break
I think 1 hour 16 mins on an 8 hour shift is more than enough to satisfy the WTD, I would of had at least half an hour 4 hours before the end of the shift.
Did you take that break in one hit? Or split it up?
Sent from my SM-A750FN using Tapatalk
No, at least 15 mins before I started run, then at least 30 mins before setting off back 3 hour drive each way, I do know on one shift I did have more than 45 mins before setting off, and realised I had the then took 45 before setting off again but can’t remember when that was, main points regarding this issue was/is, do all tachos give a pre warning, as all the trucks I’ve driven in the past have done, and they need to show a proper print out of the shift so they can explain to me what I have done wrong, all they have shown is the total drive and total breaks for the shift, which tells me nothing.
The paperwork they give you to sign will have a breakdown of the infringement on it. The office picks up on insufficient breaks and rests. If you look on the diagram that will be there it will show where you went wrong in red. Its not a crime just sign the form and get it over. DVSA wont kill you for it. If in doubt do a daily printout for your records but make sure you then carry them for 28 days.
weeto:
Shift compiled of put tacho in truck do walk around on other work, pick up trailer 1 min drive recorded, do trailer walk around on other work, then at least 15 break whilst they load it , then 3 hour drive, drop trailer, then at least 30 min break, then pick up return trailer with 3 hour drive tip it then finish for all 5 nights.I think 1 hour 16 mins on an 8 hour shift is more than enough to satisfy the WTD, I would of had at least half an hour 4 hours before the end of the shift.
Why take a 1 hour 16 minute break if you were not the person loading while on a break ?
Seems to me that you took a 46 minute break before leaving the depot, that isn’t normal for somebody who is really on a 15 minute break.
Dead give away.
WheelsofCardiff:
The paperwork they give you to sign will have a breakdown of the infringement on it. The office picks up on insufficient breaks and rests. If you look on the diagram that will be there it will show where you went wrong in red. Its not a crime just sign the form and get it over. DVSA wont kill you for it. If in doubt do a daily printout for your records but make sure you then carry them for 28 days.
This was sent via agency with a photocopy of the weeks work from an analyst company with all the timings on it, with a note on the bottom relating to the infringement, there is no diagram on it show a brake down of the day which I have already mentioned in a previous post.
They are Basically asking me to explain what I did wrong to get the infringement and what I will do in the future to make sure I don’t do it again, where as the rule states that they should be telling me what I did wrong and what I am going to do to make sure it does happen again, But they can’t because there is no breakdown of the day in question, which means I can’t sign it off.
Yes it may be a minor infringement and VOSA are usually ok with genuine mistakes, but if I’ve got to it right so do the company.
weeto:
WheelsofCardiff:
The paperwork they give you to sign will have a breakdown of the infringement on it. The office picks up on insufficient breaks and rests. If you look on the diagram that will be there it will show where you went wrong in red. Its not a crime just sign the form and get it over. DVSA wont kill you for it. If in doubt do a daily printout for your records but make sure you then carry them for 28 days.This was sent via agency with a photocopy of the weeks work from an analyst company with all the timings on it, with a note on the bottom relating to the infringement, there is no diagram on it show a brake down of the day which I have already mentioned in a previous post.
They are Basically asking me to explain what I did wrong to get the infringement and what I will do in the future to make sure I don’t do it again, where as the rule states that they should be telling me what I did wrong and what I am going to do to make sure it does happen again, But they can’t because there is no breakdown of the day in question, which means I can’t sign it off.
Yes it may be a minor infringement and VOSA are usually ok with genuine mistakes, but if I’ve got to it right so do the company.
Looks to me like you’re summing it up well.
Ignoring the note is clearly no way to go.
Write a polite note on the bottom saying the infraction has not been explained to you, sign and return?
Ball in their court, but you are cooperating.
Wonder if they will actually read the note? Or just file it?
Well-Jell:
weeto:
Shift compiled of put tacho in truck do walk around on other work, pick up trailer 1 min drive recorded, do trailer walk around on other work, then at least 15 break whilst they load it , then 3 hour drive, drop trailer, then at least 30 min break, then pick up return trailer with 3 hour drive tip it then finish for all 5 nights.I think 1 hour 16 mins on an 8 hour shift is more than enough to satisfy the WTD, I would of had at least half an hour 4 hours before the end of the shift.
Why take a 1 hour 16 minute break if you were not the person loading while on a break ?
Seems to me that you took a 46 minute break before leaving the depot, that isn’t normal for somebody who is really on a 15 minute break.
Dead give away.
It is 1 hr 16 mins of break over the whole shift, and I have no idea what happened regarding breaks on a shift that happened 17 days or more ago, the report points to 1 day and the agency says its a different day leaving me no option to ask for a copy of the proper print out for the day in question.
What you said about taking 45 or more before setting off did happen 1 shift, I noticed that because the tacho head was showing no break, where it should of shown 15 mins or more for the first break whilst driving down, I did a print out to double check when I got there and I did have more, so had another 45 before setting off back.
It is quite easy to lose track of time sat in the cab doing other non work related things and record more break than required, and I don’t mind admitting it if I had, it’s not like it was a deliberate act to do more than I should have.