can any one help ive recently been talking to a freind of mine whos also a driver, he works for a big dairy. he came to me with a question?
he his being told when and were he is to take his 45 minute break by the company is this aloud as far as i now they can not dictate this to you is this true.
has anyone got any info on this please. 
i think they can tell you where to take a break so long as you can make it legally and safely but they can’t tell you what to do during a break, that time is yours. on a recent training course on strapping loads down office numpty said rather than playing with oursselfs we should check the load which is work and illegal
Never came across this myself but I suppose if he complained they would say its their lorry they want parked there.
If he’s doing the same route every day, maybe they’ve worked out the best time to stop for the break.
Maybe he’s taking too many breaks?
Maybe he’s taking too long to get the job done (as a result of the above)?
…and maybe,as aranger says, they want him to park up at particular locations.
There’s probably more to this than you’ve been told.
I’d say it’s unusual to be told when and where etc, but i’d certainly say it’s not illegal.
as far as i know there telling him to take it on arrival at another depot of theirs. but hes well within his 4.5 driving, so if he does’nt need to take it or does’nt want to take it yet can they still tell him then?
i no that a break is soley for the drivers recuperation and ive been to the depot my self and its noisey constant wagons in and out so you can’t really rest. they don’t want him taking it on a layby or at the services because the wagons are fitted with iso trakers because managment have then got to give answers to the big wigs what he was doing there. they are even telling him he can’t stop for the toilet.
Mr B:
i think they can tell you where to take a break so long as you can make it legally and safely but they can’t tell you what to do during a break, that time is yours. on a recent training course on strapping loads down office numpty said rather than playing with oursselfs we should check the load which is work and illegal
Would be nice if you had said" Well instead of playing with yourself when you’re supposed to be working, maybe you should read the tachograph regulations, You complete [zb]. 
and while I’m wasting my breath talking to you. What exactly do you do to justify your pay packet? "
But then I probably wouldn’t have said it either. 
dave010:
as far as i know there telling him to take it on arrival at another depot of theirs. but hes well within his 4.5 driving, so if he does’nt need to take it or does’nt want to take it yet can they still tell him then?
i no that a break is soley for the drivers recuperation and ive been to the depot my self and its noisey constant wagons in and out so you can’t really rest. they don’t want him taking it on a layby or at the services because the wagons are fitted with iso trakers because managment have then got to give answers to the big wigs what he was doing there. they are even telling him he can’t stop for the toilet.
It sounds as if they are insisting he turns the time he has to wait around at their other depot into his rest period, as for them telling him he can’t stop for the toilet, has he got that in writing? Your mate needs to start looking for another job.
I was in Portsmouth docks a few years back and a Pullins driver came over and started chatting about this & that and do I know so and so. He apparently worked for the same firm as me previously. Anyway. he lived in Southampton and Pulins had told him to take his weekend rest period in Portsmouth docks in case they need to get in touch. He reckoned he’d been away six weeks already and I couldn’t understand why he didn’t just jump on the train or whatever and went home. He said if they wanted him and the agent couldn’t find him he would get the sack. Micro management, you can shove it.
One company we work for have a contract that stipulates that drivers can only take their break in motorway services between the collection point and the delivery point. The contract states that drivers are not permitted to take their break in lay bys.
Seems a bit harsh but they are obviously looking after the security of the load.
Many years ago when carrying high value loads we used to be told where to park up at nights, it was a real pain in the arse, as we used to park up after 6 or 7 hours driving as the routes had inbiult leeway for holdups, so in answer to your question, they own the truck, and as long as its legal to do so they can tell where and when it should be at any particular point. Your only the pilot, not the owner
dave010:
as far as i know there telling him to take it on arrival at another depot of theirs. but hes well within his 4.5 driving, so if he does’nt need to take it or does’nt want to take it yet can they still tell him then?
i no that a break is soley for the drivers recuperation and ive been to the depot my self and its noisey constant wagons in and out so you can’t really rest. they don’t want him taking it on a layby or at the services because the wagons are fitted with iso trakers because managment have then got to give answers to the big wigs what he was doing there. they are even telling him he can’t stop for the toilet.
I would have thought they had every right to say where and when he has his break, It’s called planning 
you cant stop to go to the toilet?
ok no problem ill just soil the drivers seat then and see how you like that LOL
There is one thing they cannot tell you not to do and that is not to have a break if you feel tired or unwell.
Our routes have gaps built into them to allow for your breaks as required but there is nothing to say you have to have it when they have stipulated. As for where that is completely down to the driver. But if your mate is doing the same route every day and they are wanting him to have his break at the depot then there is nothing wrong with that. The not stopping for the toilet thing is complete rubbish and if anyone tried that one on me I’d be sure to stop for a hefty number two at least twice a day.
tofer:
The not stopping for the toilet thing is complete rubbish and if anyone tried that one on me I’d be sure to stop for a hefty number two at least twice a day.
Answer to that is a commode driving seat - oh, hang on, that could still be dangerous as many close their eyes when giving a good squeeze - very dangerous if doing full speed down the motorway etc, etc
ROG:
tofer:
The not stopping for the toilet thing is complete rubbish and if anyone tried that one on me I’d be sure to stop for a hefty number two at least twice a day.Answer to that is a commode driving seat - oh, hang on, that could still be dangerous as many close their eyes when giving a good squeeze - very dangerous if doing full speed down the motorway etc, etc
Not for me, I need a good magazine whilst I’m having a dump.
A few weeks back i was at our yard talking to transport planner about details of my next run and i was explaining i would crack on with it when my currant 45 minute break was up. No problem he replied when transport manager pipes up if you are on a break why are you not in the rest room? I pointed out to him that if i was paid for my break he could suggest where i take it but as i am not paid for breaks and as long as my truck was safe and legally parked i would have my break where ever i seemed fit. He shuffled off back to his office without another word.
dox:
A few weeks back i was at our yard talking to transport planner about details of my next run and i was explaining i would crack on with it when my currant 45 minute break was up. No problem he replied when transport manager pipes up if you are on a break why are you not in the rest room? I pointed out to him that if i was paid for my break he could suggest where i take it but as i am not paid for breaks and as long as my truck was safe and legally parked i would have my break where ever i seemed fit. He shuffled off back to his office without another word.
Dox, If I was your TM I would have pointed out to you that talking to a Traffic Planner about work and taking instructions on your next run may be constrewed as working time, and therefore not break time.
If a route is time critical or the load of high value I will work out my drivers breaks and tell him where and when to stop. For example, if we have to travel 2 hours to collect a load at 7am from Manchester which needs to be in Coventry 3 hours away for 11am I will tell my driver to set off early enough to get to Manchester an have his break before 7am to give a clean 4 an a half to get to Coventry. I am not implying the driver could not work this out for himself, but if I dont tell him or plan for it this way then I am not doing my job properly.
A scenario we had for telling a driver he was not to stop between destinations other than to take his 45 mins or split break was because he had a lot of stop start on his tachograph, but non of the stops we put as break and non long enough to count as breaks, when challenged the driver could not explain why so many stops… no mention of ‘well I stopped for the loo’ or ‘I wasnt sure of the route so checked the map’ which would have been almost acceptable.
I would say your mate is doing something that is causing the company to watch him… pehaps he is stopping too often or stopping for just shy of a break…?
End of the day they can decide when you have your break as long as it’s all good with the wtd etc
Steve-o:
End of the day they can decide when you have your break as long as it’s all good with the wtd etc
With SAFETY for yourself and other road users taking preference over whatever they say.
There’s only so many times you can pull the “I’m tired I’m having a break” line before they know you’re taking the ■■■■