the maoster:
cav551:
A slightly different situation. A vehicle comes in the yard, the driver normally puts his tacho on break and disappears off to the canteen. A trailer needs to be moved but we cannot ask the driver who has just returned to do it. A warehouseman/ manager/fitter etc (ie not employed as a driver) is asked to use this the only vehicle in the yard to carry out the shunting. Let’s assume that this could be a regular occurence. So how do we proceed?Ask drivers to put their card in slot two when they take a break in the yard? Ask drivers to remove their card if on break in the yard and make manual entries? the shunter changes the card over to slot two and puts it on break then does/doesn’t selects out of scope? or what?
We have ruled out1) Driver refuses to hand over keys. 2) the shunting has to wait 3) shunting without a record to prove that the driver remained on uninterrupted break.
From a drivers point of view in that scenario the ONLY acceptable way is for the driver to remove his card, go off on his break, after break reinsert the card and do a manual entry to account for the missing time. This is perfectly legal and any missing mileage clocked up when his card was out is not the drivers issue.
To add to what maoster said putting the card in slot 2 on break is out of the question because slot 2 changes to POA as soon as the vehicle moves, using out of scope doesn’t change anything because the activity still gets recorded to the driver card and you cannot legally work in or out of scope of EU regulations whilst on break.
There are only 2 acceptable options:
- Ask the driver to take his card out and do a manual entry when he puts it back in after the break, that is of course assuming he doesn’t object to any Tom ■■■■ or Harry driving the vehicle while he is responsible for it
- Ask the drivers to find out if any shunting needs doing before they start their break or leave the shunting until after the break.