What is the legislation on this. I know ruling out the obvious scenarios make it a no no, for example if the place was busy and you only had one pallet to come off but insisted on taking a 45min, or if you have to self tip in Aldi’s for another example.
But if you were about to leave site and DVSA decided to pull in front of you and check your card and you had recorded a break would you be staring at a fine?
I’m not a DVSA bed wetter. Just curious.
Heres the thing. If your sitting on your arse not driving for 45 mins id consider that a break. As long as you havent done any work at all they would have to prove otherwise.
Break on a bay is the same as a break in a layby or services in my eyes.
I get them to take me to court if they tried to fine me see what a judge makes of it.
As you’ve said theres the obvious ones like Aldi or Lidl etc which should be an obvious no no…
But being sat in an RDC waiting room for hours drinking coffee, watching TV (maybe) and not doing a lot else while it’s not my idea of a “break” it’s hard to argue that you couldnt show it on tacho as one.
What I tend to do is shove it on break then make sure I have my break later on in the day, unless it suits me to crack on to get back it get to somewhere better to park etc
when you’re sitting on a bay does what you’re doing fit the requirements of the paragraph below?
A break
A break is any period during which a driver may not carry out any driving or any other work and which is used exclusively for recuperation. A break may be taken in a moving vehicle, provided no other work is undertaken.
Often confused with a rest period, by some drivers and DCPC instructors.
A rest
A rest is an uninterrupted period where a driver may freely dispose of their time.
strictly speaking,and un strictly adhered to except by tesco and similar types,then if you are sitting waiting in a queue before a delivery,then its other work,if your waiting on a bay,then its other work,once you have done your driving and other work long enough to require a break,then you take your 45.
i.e…drive to store,wait for an hour or two to get inside,tip/load for an hour,is all driving and working.
drive out the store,and then park up and take your break.
its all brain numbing working like a jobsworth but thats how you adhere to the rules.
theres many doing more normal work that are on a break as soon as the wheels stop turning, 
DVSA know that RDCs like Aldi are self tip thats why they sit outside ready to pounce.
A few years back there was an RDC in Kent, I think it was, notorious for very long tipping they sat outside and pulled drivers in checking them for going over their time when they should not have left the RDC.
A chance drivers take.
Who on earth wants to sit on a bay for hours on end, then pull outside and insist on parking up for a further 45 mins. It’s bone idle and taking the ■■■■ in my opinion. Obviously it’s different if you been active, in & out of the cab moving curtains about and strapping etc.
My position on the whole thing has been that I’m happy to record breaks whilst chilling out on a bay, but if I’m confined to some crap hole waiting room I will pull up and eat my lunch/have a quiet brew at my leisure sometime before or afterwards, maybe for 20 mins or so. Never had any run ins with bosses over that.
All common sense dictates that sitting about drinking coffee & watching YouTube doing nowt waiting to be tipped is a break from driving.
I would agree on a bay in or out your cab should count as a break. The argument I thought they might come up with is you can’t dictate how long you are on the bay for which they could try and pull but that’s just a the chance you take I suppose. As long as you have a solid 15/30/45 then it shouldn’t matter.
The part time technical jobsworth who operate Monday/Thursday?
Do it all the time. Makes sense as we are paid mileage and not per hour. Even got a 3hr split break in a few times
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Way I see things if your sat in your cab or a waiting room. Then you can class it as a break.
If your hanballing/pallet trucking your loads off then your working so its not a break.
Also
REFULLING A TRUCK IS WORKING AND NOT AN EXCUSE TO TAKE A 15MIN BREAK
Wait in the drivers room, no food or drinks allowed and you have to be escorted to the toilet area, which is a portaloo near the dyke 
Wheel Nut:
0Wait in the drivers room, no food or drinks allowed and you have to be escorted to the toilet area, which is a portaloo near the dyke
Bit rude putting a portaloo next to her…
toonsy:
Wheel Nut:
Wait in the drivers room, no food or drinks allowed and you have to be escorted to the toilet area, which is a portaloo near the dykeBit rude putting a portaloo next to her…
^^^^^^^^^^^^
could be worse depending on how old you are?
I will say this. Do as you please. Some will have a DVSA handbook in cabs with pretty cloured tabs in which they think applies to them to read when on other work or break.
Other driver will have a laptop on dash most of the day watching movies sipping coffe and eating as they move. Taking breaks wherever they see the margin.
Im the latter.
As for the rdc ■■■■■■■■ sitting in a small confined space. I used to go to the canteen and get them to call me when i was asked up. Free grub and sit and speak to all the polski birds. Only tome ive sat in a cell is when i was at her majestys service.
I book breaks on a bay, as long as I have it on other duties for opening the rear doors (Euroliners & Boxes) then moving the load-lok out of the way, then it goes on break for as long as it takes to tip the thing. On my job that could (and has been) as long as 9hrs.15min at Bibbys in Corby 
to the usual 1 -2hrs at another regular drop for us 
depending how much of a hurry I’m in …which these days i’m not, I might sneak another 45 in during the day to examine the inside of my eyelids as per the law
Edit*
The 9.5 hours at bibby’s Corby was pre Drivers room days when you could lounge about in your cab , now at the new place I would have to have spent the time cooped up on a plastic chair. We do not do any RDC work now.
I find you get to know what rdcs tip quick and which don’t you also get to know which have decent facilities etc , so as others have said other work to open up the doors then on break if it looks like I will be there a while . Most of the rdc’s I’ve been to have decent canteens and other facilities and as a smoker a lot have a smoke hut so when it suits break taken .
If it suits you to do it then do it
I think equally to the point is how do we see the tacho recording 2.5 hrs or more as break while sitting in one of these RDC waiting rooms and then driving for 4.5 hrs? maybe with that driving period forming the end of a 15hr day? Even more so if this is on a day when the start of work was at some unmentionable o’clock. 2.5 hrs with the ability to catch up on some zzzzzs in the bunk is a completely different matter. Break is supposed to be for rest and recuperation, 2.5hrs in an RDC waiting room is very arguably not that.
cav551:
I think equally to the point is how do we see the tacho recording 2.5 hrs or more as break while sitting in one of these RDC waiting rooms and then driving for 4.5 hrs? maybe with that driving period forming the end of a 15hr day? Even more so if this is on a day when the start of work was at some unmentionable o’clock. 2.5 hrs with the ability to catch up on some zzzzzs in the bunk is a completely different matter. Break is supposed to be for rest and recuperation, 2.5hrs in an RDC waiting room is very arguably not that.
Spot on. If I’m forced into those ■■■■■■ little rooms sat in an uncomfortable chair then I class that as other work as I’m not resting. But if I’m chilling in the cab watching Netflix then that is a break. Common sense SHOULD win out although that’s thin in the ground these days.
Had a discussion about this with the transport office a few weeks ago, one of the drivers had been in a DC getting tipped for 4 hours, he then pulled up in a services for 45. Absolute ■■■■ take as in that DC you chill in the cab and are left alone, they even had free coffee on over the Xmas period which was nice. If I’ve just sat on my arse for a few hours watching Netflix and drinking coffee the last thing I want to do is stop in a services for 45 mins.
