Break Right or Wrong?

If I start work at 1800 but don’t actually start driving till 1900, am I wrong in putting my card in and doing a manual entry consisting of the following; 1800-1830 other work, 1830-1846 break, 1846-1900 other work, then drive for 3.30hrs, break 30mins. Tacho shows total break of 46mins. Is this legal?

it is legal.but if VOSA stop ,they can be not very happy,igf you taked break just 15 min after shift start.if one time in last 28 day,should be ok,but if every day do ,can be not very good

i’m not 100% sure, but i think you need to drive for at least a minute before the 15 mins break

Nothing wrong with that, nothing in the laws that state you cant have a break early on in your shift. As long as you take a 15 then a 30 your fine

No. You have to have been driving first for it to count as a break for driving. You may as well left it as other work or poa.

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It is a break…but you would only be able to drive for another hour and then you would have to take a 30 minute break.

As has already been said you need to have done some driving first to be able to take a break. Just stick it as other work or if you knew how long you would be waiting for the truck POA.

Fergi:
If I start work at 1800 but don’t actually start driving till 1900, am I wrong in putting my card in and doing a manual entry consisting of the following; 1800-1830 other work, 1830-1846 break, 1846-1900 other work, then drive for 3.30hrs, break 30mins. Tacho shows total break of 46mins. Is this legal?

Manually record 1 minute of driving time before taking the manually recorded break = job sorted

That 1 minute could have been driving around the yard for 1 minute …

ROG:

Fergi:
If I start work at 1800 but don’t actually start driving till 1900, am I wrong in putting my card in and doing a manual entry consisting of the following; 1800-1830 other work, 1830-1846 break, 1846-1900 other work, then drive for 3.30hrs, break 30mins. Tacho shows total break of 46mins. Is this legal?

Manually record 1 minute of driving time before taking the manually recorded break = job sorted

That 1 minute could have been driving around the yard for 1 minute …

You can’t manually record a minute driving

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For the 15 minutes to count as a qualifying break for EU driving rules there must be (at least 1 minutes) driving time before starting that break. However if your just driving for 3:30 that day then no break is required for EU rules, requisite breaks still apply for WTD if working for 6 hours or more.
You can’t do a manual entry for driving, only thing to do is move the truck for at least 5 seconds (with your card in)for the tacho to register a minutes driving.

In the example you gave, the driving time on the tacho would reset after your 30 minute break, but if you’d done 4:30 driving then 0:30 break and started driving again you’d be in breach of the EU rules as the 0:15 wouldn’t count. it’s a pita watching for these errors in the tacho software.

ROG:
Manually record 1 minute of driving time before taking the manually recorded break = job sorted

As said you cannot manually enter driving time on a digital tachograph.

Fergi:
If I start work at 1800 but don’t actually start driving till 1900, am I wrong in putting my card in and doing a manual entry consisting of the following; 1800-1830 other work, 1830-1846 break, 1846-1900 other work, then drive for 3.30hrs, break 30mins. Tacho shows total break of 46mins. Is this legal?

In this scenario the 16 minute break would count for the RT(WT)R so you could legally work for another 6 hours working time before needing another break unless you reach 4.5 hours driving time first.

However, you cannot have a driving break until you’ve done at-least 1 minutes driving so the 16 minute break would not count as a driving break, therefore the 30 minute break after 3.5 hours driving would be counted as the first part of a split driving break and would not reset your driving time, so you would need another 30 minute break before exceeding 4.5 hours driving time (another 1 hours driving time in this case).

So what you’ve posted would be legal but it would not reset your driving time until you’d taken another 30 minute break.

MADBAZ:
In the example you gave, the driving time would reset after your 30 minute break

I don’t think that’s what you meant to say is it :wink:

After the 30 minute break in the example the driving time wouldn’t be reset either on the digital tachograph or legally.

tachograph:

MADBAZ:
In the example you gave, the driving time on the tacho would reset after your 30 minute break

I don’t think that’s what you meant to say is it :wink:

After the 30 minute break in the example the driving time wouldn’t be reset either on the digital tachograph or legally.

I thought the tacho resets :blush: .

yellowasp:

ROG:

Fergi:
If I start work at 1800 but don’t actually start driving till 1900, am I wrong in putting my card in and doing a manual entry consisting of the following; 1800-1830 other work, 1830-1846 break, 1846-1900 other work, then drive for 3.30hrs, break 30mins. Tacho shows total break of 46mins. Is this legal?

Manually record 1 minute of driving time before taking the manually recorded break = job sorted

That 1 minute could have been driving around the yard for 1 minute …

You can’t manually record a minute driving

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Can it be manually done on a printout if a printout was used for the first hour?

ROG:

yellowasp:

ROG:

Fergi:
If I start work at 1800 but don’t actually start driving till 1900, am I wrong in putting my card in and doing a manual entry consisting of the following; 1800-1830 other work, 1830-1846 break, 1846-1900 other work, then drive for 3.30hrs, break 30mins. Tacho shows total break of 46mins. Is this legal?

Manually record 1 minute of driving time before taking the manually recorded break = job sorted

That 1 minute could have been driving around the yard for 1 minute …

You can’t manually record a minute driving

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Can it be manually done on a printout if a printout was used for the first hour?

Even if it was practical to do that the data manually entered on the printout would not correspond to the data recorded in the VU, a VOSA examiner would likely immediately wonder why a printout had been done when the tachograph was obviously working and the driver was supposed to be in the vehicle and check the data in the VU.

please show me where it says you have to drive before having a break.
maybe the nature of the job means he really does have a break whilst others sort out the truck so he nips to canteen to chat up the serving biddies and gets a bacon butty

hitch:
please show me where it says you have to drive before having a break.
maybe the nature of the job means he really does have a break whilst others sort out the truck so he nips to canteen to chat up the serving biddies and gets a bacon butty

You don’t have to drive before having a break but you do have to drive before having a driving break

Any break taken before any driving is done will not count as a driving break but as long as it’s 15 minutes long or more and not at the immediate start of shift it will count for the working time regulations.

Wrong! HTH

hitch:
please show me where it says you have to drive before having a break.
maybe the nature of the job means he really does have a break whilst others sort out the truck so he nips to canteen to chat up the serving biddies and gets a bacon butty

Lets look at the dictionary. Break. To interrupt or interruption

For it to count as a break, you must interrupt something. The only legal thing in question is driving. You cannot interrupt a period of driving if you haven’t done any.

Also I think there are several posters on this thread who are confused by a manual entry.

If you put your card into the VU, than it is recording your duty, the mode switch is there for selecting what kind of duty that is.

The only time you should need to do a printout is if the machine or card is faulty, or that you need to make a late entry to cover something like Article 12 at the end of the day

Thanks for everybody’s replies, so it looks like after driving for 3.30 then break for 30mins I would only have 1hr driving left before I would have to take another 30min break. If this is correct then why when driving the last hour does the tacho not start flashing after 45 min to warn me that I am nearing 4.30 driving time? Also after the 30 min break after driving 3.30 when I start driving again why does the tacho not show 3.30 already driven, it has reset to 0.00?