Captain Caveman 76:
tachograph:
There is no opt out of the 48 hour week, as far as the RT(WT)R are concerned you can opt out of the night time limit and that’s it.
A lot of people may think that POA is nonsense and while I’ve never used it there are a lot of drivers who use it to their own advantage.
The RT(WT)R 2005 is probably the most despised bit of legislation the EU has forced on UK drivers, but like it or not it’s still law and will remain law for some considerable time to come.
Like every rule, you use it to your advantage.
“Sorry boss, need an early finish Friday because my hours are creeping up”.
Doesn’t work with us, they never get near 48. I really am an evil boss. 
Captain Caveman 76:
Big Truck:
Has there ever been an employee that has been prosecuted for a breach of WTD rules in court■■?
AFAIA,
All 525 drivers at my firm vol sign the WTD “opt out” as it is just a pile of PISH and saves any unnecessary ballix by us or Management.[emoji41][emoji106]
Sent from my SM-J500FN using Tapatalk
I wasn’t aware you could opt out. I know you can opt out of the “10 hour max per night” rule, but not the 48 hour average.
Wasn’t aware it was night-time only,
We’ll it’s NEVER mentioned by Management to any driver ref 48hr average.
Sent from my SM-J500FN using Tapatalk
TiredAndEmotional:
Big Truck:
ROG:
albion:
It annoys me that POA applies to a second man, it just seems ridiculous and stretches the idea of free to dispose of your own time.
That is the rule for REST not BREAK
Break is simply not working or driving
How are DVSA getting away with prosecuting drivers whilst on bay
(tacho on bed) but sitting drinking coffee/On phones in drivers waiting/“sleeping” area@ Tesco Dc Livingston??
Sent from my SM-J500FN using Tapatalk
Really? Or just more rdc chatter?
Nope,
I’ve seen DVSA with my own eyes in Tesco Livingston with drivers pulled up off the bays.
They’re fond of pulling just outside barriers also.
Sent from my SM-J500FN using Tapatalk
Big Truck:
TiredAndEmotional:
How are DVSA getting away with prosecuting drivers whilst on bay
(tacho on bed) but sitting drinking coffee/On phones in drivers waiting/“sleeping” area@ Tesco Dc Livingston??
Sent from my SM-J500FN using Tapatalk
Really? Or just more rdc chatter?
Nope,
I’ve seen DVSA with my own eyes in Tesco Livingston with drivers pulled up off the bays.
They’re fond of pulling just outside barriers also.
Sent from my SM-J500FN using Tapatalk
[/quote]
I don’t doubt you’ve seen them pulled up but what evidence do you have that drivers have been penalised and for what offences?
TiredAndEmotional:
Big Truck:
TiredAndEmotional:
How are DVSA getting away with prosecuting drivers whilst on bay
(tacho on bed) but sitting drinking coffee/On phones in drivers waiting/“sleeping” area@ Tesco Dc Livingston??
Sent from my SM-J500FN using Tapatalk
Really? Or just more rdc chatter?
Nope,
I’ve seen DVSA with my own eyes in Tesco Livingston with drivers pulled up off the bays.
They’re fond of pulling just outside barriers also.
Sent from my SM-J500FN using Tapatalk
I don’t doubt you’ve seen them pulled up but what evidence do you have that drivers have been penalised and for what offences?
[/quote]
Heard on the boats!!![emoji847]
They seem to point out:
“How have you had a 1/2hr break when we can see you walk back/forward the 5min to “goods in” (paperwork in hand)
which clearly means you should be on “other work” for those particular tasks and not bed”.
[emoji848][emoji52]
Sent from my SM-J500FN using Tapatalk
Big Truck:
TiredAndEmotional:
Big Truck:
TiredAndEmotional:
How are DVSA getting away with prosecuting drivers whilst on bay
(tacho on bed) but sitting drinking coffee/On phones in drivers waiting/“sleeping” area@ Tesco Dc Livingston??
Sent from my SM-J500FN using Tapatalk
Really? Or just more rdc chatter?
Nope,
I’ve seen DVSA with my own eyes in Tesco Livingston with drivers pulled up off the bays.
They’re fond of pulling just outside barriers also.
Sent from my SM-J500FN using Tapatalk
I don’t doubt you’ve seen them pulled up but what evidence do you have that drivers have been penalised and for what offences?
Heard on the boats!!![emoji847]
They seem to point out:
“How have you had a 1/2hr break when we can see you walk back/forward the 5min to “goods in” (paperwork in hand)
which clearly means you should be on “other work” for those particular tasks and not bed”.
[emoji848][emoji52]
Sent from my SM-J500FN using Tapatalk
[/quote]
That makes things tricky if you’re not allowed to stay in the cab and have goods in come out to you…!
TiredAndEmotional:
Big Truck:
TiredAndEmotional:
Big Truck:
TiredAndEmotional:
How are DVSA getting away with prosecuting drivers whilst on bay
(tacho on bed) but sitting drinking coffee/On phones in drivers waiting/“sleeping” area@ Tesco Dc Livingston??
Sent from my SM-J500FN using Tapatalk
Really? Or just more rdc chatter?
Nope,
I’ve seen DVSA with my own eyes in Tesco Livingston with drivers pulled up off the bays.
They’re fond of pulling just outside barriers also.
Sent from my SM-J500FN using Tapatalk
I don’t doubt you’ve seen them pulled up but what evidence do you have that drivers have been penalised and for what offences?
Heard on the boats!!![emoji847]
They seem to point out:
“How have you had a 1/2hr break when we can see you walk back/forward the 5min to “goods in” (paperwork in hand)
which clearly means you should be on “other work” for those particular tasks and not bed”.
[emoji848][emoji52]
Sent from my SM-J500FN using Tapatalk
That makes things tricky if you’re not allowed to stay in the cab and have goods in come out to you…!
[/quote]
Looks to me that if the vehicle was stationary fòr a bare thirty minutes and for ten minutes of that the driver was doing paperwork. . . It’s a fair cop.
As a comment:
Just because Big Truck’s management don’t comment on the 48hr rule doesn’t mean none do.
And hearing about something on the boat is every bit as reliable as a conversation in an RDC or the pub on a Friday night!
[emoji6]
Sent from my GT-S7275R using Tapatalk
Big Truck:
They seem to point out:
“How have you had a 1/2hr break when we can see you walk back/forward the 5min to “goods in” (paperwork in hand)
which clearly means you should be on “other work” for those particular tasks and not bed”.
[emoji848][emoji52]
Sent from my SM-J500FN using Tapatalk
I’d be very tempted to point out that a break is to be used exclusively for recuperation and as I’m a keen rambler in my time off I was in fact recuperating and excercising in my free time. Now take me to court and attempt to disprove that Mr DVSAman!
I was told that I was 38 minutes over my 48, not told before that my hours were getting too high so now I’ve had my wings clipped. I’m finding it hard to believe that I can put in the same hours as the other drivers yet I’m so high on hours yet they are still in the 30’s.
Radar19:
I was told that I was 38 minutes over my 48, not told before that my hours were getting too high so now I’ve had my wings clipped. I’m finding it hard to believe that I can put in the same hours as the other drivers yet I’m so high on hours yet they are still in the 30’s.
Sounds like you’re colleagues are, ahem, working the system!
Big Truck:
Booking POA and breaks etc then working longer hrs yet still keeping below the 48hr average shows exactly what the WTD is:
Pile of PISH!!!
Absolutely spot on mate big style. 
That is why I refuse to dignify it by conforming.
Until we are in actual reality working only 48 hours for a proper wage, only then I’ll recognise it.
Until then I’ll continue not to play along with ‘‘their’’ bloody stupid (non) schemes… ■■■■ em !
If a few more did the same it would send out a message maybe.
Big Truck:
ROG:
albion:
It annoys me that POA applies to a second man, it just seems ridiculous and stretches the idea of free to dispose of your own time.
That is the rule for REST not BREAK
Break is simply not working or driving
How are DVSA getting away with prosecuting drivers whilst on bay
(tacho on bed) but sitting drinking coffee/On phones in drivers waiting/“sleeping” area@ Tesco Dc Livingston??
Sent from my SM-J500FN using Tapatalk
On the other hand (considering breaks are there for YOUR benefit, and not something you have to ‘‘get in’’ ) why would you want to take a break in a ■■■■ hole rdc wait room and not be paid for it, when you could be getting paid on ‘other work’ and take a proper break afterwards. 
TiredAndEmotional:
Big Truck:
TiredAndEmotional:
How are DVSA getting away with prosecuting drivers whilst on bay
(tacho on bed) but sitting drinking coffee/On phones in drivers waiting/“sleeping” area@ Tesco Dc Livingston??
Sent from my SM-J500FN using Tapatalk
Really? Or just more rdc chatter?
Nope,
I’ve seen DVSA with my own eyes in Tesco Livingston with drivers pulled up off the bays.
They’re fond of pulling just outside barriers also.
I don’t doubt you’ve seen them pulled up but what evidence do you have that drivers have been penalised and for what offences?
Back onto bay. Other work whilst walking to drop papers. Back in Cab. Set tacho to break. Snooze in bunk/listen to radio/whatever. Red light. Tacho onto other work then walk back for papers. Then leave.
If dvsa rambled on about that you’d easily point out the other work covering bits where you’re doing “work stuff” like walking to drop paperwork, and break where you were lying on a bunk asleep. They’d have no argument. They couldn’t. They couldn’t even say it should be Poa as you could point out the waiting time was unknown.
^^^^ the problem with that FD is that you back on the bay, walk to goods in and sit in the holding cell until you are tipped and paperwork processed, therefore the Tacho stays on whatever mode it was when you left the vehicle.
I do recall someone here saying that in an RDC holding cell scenario they eject their card before handing their keys in and then do a manual entry of e.g. 10 mins other work walking back to goods in followed by say 1 hour break whilst waiting and then 5 mins other work getting paperwork,keys etc.
Personally I couldn’t be arsed to ■■■■ about like that, but I did understand where he was coming from.
the maoster:
^^^^ the problem with that FD is that you back on the bay, walk to goods in and sit in the holding cell until you are tipped and paperwork processed, therefore the Tacho stays on whatever mode it was when you left the vehicle.
Yeah that’s true. I was thinking of the places you can wait in the Cab. Rare now
the maoster:
Big Truck:
They seem to point out:
“How have you had a 1/2hr break when we can see you walk back/forward the 5min to “goods in” (paperwork in hand)
which clearly means you should be on “other work” for those particular tasks and not bed”.
[emoji848][emoji52]
Sent from my SM-J500FN using Tapatalk
I’d be very tempted to point out that a break is to be used exclusively for recuperation and as I’m a keen rambler in my time off I was in fact recuperating and excercising in my free time. Now take me to court and attempt to disprove that Mr DVSAman!
100% correct.[emoji106]
Sent from my SM-J500FN using Tapatalk
TiredAndEmotional:
Radar19:
I was told that I was 38 minutes over my 48, not told before that my hours were getting too high so now I’ve had my wings clipped. I’m finding it hard to believe that I can put in the same hours as the other drivers yet I’m so high on hours yet they are still in the 30’s.
Sounds like you’re colleagues are, ahem, working the system!
I think they are or are you doing a lot of driving?
In my previous job I did a lot of distance work and regularly drove 40 plus hours in a week, plus other work.
There were other guys that didn’t do the distance but sat on a bay for 4 hours waiting so although we did similar duty time I booked far more work than them