We all know that after 4.5 hours driving we have to take or complete a 45min break or commence a daily/weekly rest. We can drive for 4 hrs 29 mins, do an hour of other work, but drive for another minute and the only available options are break or rest.
I assume we are all flouting the rules if we complete exactly 4.5 hrs driving, remove card and then proceed to complete and hand in paperwork and keys etc? This being deemed as other work?
There does not seem to be the same requirement if we have a further break and drive the extra tenth hour. So I assume we can complete the tenth hour of driving and then continue to do other work as long as daily rest requirements allow ie: 13/15 hr shift? (Assuming WTD breaks have also been complied with)
I start work at 13.00 and run out of all driving hours by 02.00. I have used a 10 and have a reduced rest available. The company tell me that when the next shift comes on at 05.30 I will be collected (driver sent out to drive me back). Surely this is interrupting a rest that I had to have started at 04.00?
Am I correct in my thinking or am I missing something?
I assume we are all flouting the rules if we complete exactly 4.5 hrs driving, remove card and then proceed to complete and hand in paperwork and keys etc? This being deemed as other work?
I stand to be corrected, you would have to perform a manual entry on the card when you next put the card in stating when you really finished work and not when you last pulled the card out.
grumpybum:
We all know that after 4.5 hours driving we have to take or complete a 45min break or commence a daily/weekly rest. We can drive for 4 hrs 29 mins, do an hour of other work, but drive for another minute and the only available options are break or rest.
I assume we are all flouting the rules if we complete exactly 4.5 hrs driving, remove card and then proceed to complete and hand in paperwork and keys etc? This being deemed as other work?
There does not seem to be the same requirement if we have a further break and drive the extra tenth hour. So I assume we can complete the tenth hour of driving and then continue to do other work as long as daily rest requirements allow ie: 13/15 hr shift? (Assuming WTD breaks have also been complied with)
I start work at 13.00 and run out of all driving hours by 02.00. I have used a 10 and have a reduced rest available. The company tell me that when the next shift comes on at 05.30 I will be collected (driver sent out to drive me back). Surely this is interrupting a rest that I had to have started at 04.00?
Am I correct in my thinking or am I missing something?
why would you need to remove your card after exactly 4 1/2 hours driving, before you did the paperwork?
as you have said, doing the paperwork is ‘other work’ and should be recorded as such, so, the only part of ‘flouting the rules’ would be the removing of the card
grumpybum:
We all know that after 4.5 hours driving we have to take or complete a 45min break or commence a daily/weekly rest. We can drive for 4 hrs 29 mins, do an hour of other work, but drive for another minute and the only available options are break or rest.
I assume we are all flouting the rules if we complete exactly 4.5 hrs driving, remove card and then proceed to complete and hand in paperwork and keys etc? This being deemed as other work?
There does not seem to be the same requirement if we have a further break and drive the extra tenth hour. So I assume we can complete the tenth hour of driving and then continue to do other work as long as daily rest requirements allow ie: 13/15 hr shift? (Assuming WTD breaks have also been complied with)
I start work at 13.00 and run out of all driving hours by 02.00. I have used a 10 and have a reduced rest available. The company tell me that when the next shift comes on at 05.30 I will be collected (driver sent out to drive me back). Surely this is interrupting a rest that I had to have started at 04.00?
Am I correct in my thinking or am I missing something?
1 = you are correct - its illegal
2 = whenever you reach 4.5 hours driving time the same rule applies
3 = you might have the times wrong 0200 to 0530 = 3.5 hours !!
EDIT = scrub answer 3 cos I read it wrong …
starting at 1300 means you must be on rest from 0400 until 1300 so no other work such as you suggested
grumpybum:
We all know that after 4.5 hours driving we have to take or complete a 45min break or commence a daily/weekly rest. We can drive for 4 hrs 29 mins, do an hour of other work, but drive for another minute and the only available options are break or rest.
I assume we are all flouting the rules if we complete exactly 4.5 hrs driving, remove card and then proceed to complete and hand in paperwork and keys etc? This being deemed as other work?
There does not seem to be the same requirement if we have a further break and drive the extra tenth hour. So I assume we can complete the tenth hour of driving and then continue to do other work as long as daily rest requirements allow ie: 13/15 hr shift? (Assuming WTD breaks have also been complied with)
I start work at 13.00 and run out of all driving hours by 02.00. I have used a 10 and have a reduced rest available. The company tell me that when the next shift comes on at 05.30 I will be collected (driver sent out to drive me back). Surely this is interrupting a rest that I had to have started at 04.00?
Am I correct in my thinking or am I missing something?
1 = you are correct - its illegal
2 = whenever you reach 4.5 hours driving time the same rule applies
3 = you might have the times wrong 0200 to 0530 = 3.5 hours !!
yes ROG, but why does he need to remove his card?
there is no reason given as to why he should need to remove it, he can legally leave the card in whilst he does his paperwork
When you have driven for 4.5 hours you must take a break that’s it no work not even paper work, apart from reading the mags from the top shelf .
If you drove to the yard and got there on 4.5 hours driving you would have to have a break, of 45 minutes, unless you was kipping in the truck then you could start your rest, if you were going home handing you paper work in and keys is still work and you would be breaking rules
Personally I do the paperwork and then remove my card, secure vehicle and take keys to office. As far as I am concerned there is no offence committed by doing this. I have completed spot on 4.5 or 10 hours and changed to other work and not got an infringement. Commonsense has to prevail, or else we would all be breaking the law.
Article 7
After a driving period of four and a half hours a driver shall
take an uninterrupted break of not less than 45 minutes,
unless he takes a rest period.
After a driving period of no more than 4.5 hours, a driver must immediately take a break of at least 45 minutes unless he takes a rest period. A break taken in this way must not be interrupted.
After a driving period of no more than 4.5 hours, a driver must immediately take a break of at least 45 minutes unless he takes a rest period. A break taken in this way must not be interrupted.
in this, it says ‘must immediately’
Yes but even that statement you quoted is open to interpretation
a driving period of 10 mins is no more than 4.5 hours so after 10 mins if you stop driving you must take 45 mins break
grumpybum:
I start work at 13.00 and run out of all driving hours by 02.00. I have used a 10 and have a reduced rest available. The company tell me that when the next shift comes on at 05.30 I will be collected (driver sent out to drive me back). Surely this is interrupting a rest that I had to have started at 04.00?
Correct------illegal.
IF they had sent someone out IMMEDIATELY and you could have returned to base within your 15 hours, that would be ok.
It is a badly worded or has been translated incorrectly. A more sensible wording would be, " Upon completion of no more than 4.5 hours driving, a break of at least 45 mins must be taken before recommencing driving unless a rest period is taken".
As it stands, if you are driving an artic and have to drop the trailer and refuel at the end of your shift how do you do it legally if you are within 30 mins of the end of your spreadover?
So if you have driven for 4:29 you could then do some “other work” and then have your 45 after that?? But drive for 4:30 and you must have your 45 straight away ■■
Darb:
So if you have driven for 4:29 you could then do some “other work” and then have your 45 after that?? But drive for 4:30 and you must have your 45 straight away ■■
.