I’ve never understood some people’s attitudes to breaks as long as I live, I swear…
In the “real” world, my other half has a 1 hour unpaid lunchbreak everyday, and she has 2 choices, eat at her desk or in the toilet or in the kitchen. Or she can ■■■■ off and do her own thing for an hour. It’s exactly the same for you as a truck driver.
You can spend your 45 minutes pulling on your plonker for all you’re worth, equally you could get out and go for a walk. It’s entirely up to you. You are not a sentry/guardian of the load. If your company tried to dismiss you because your diesel got siphoned off while you were on a break, you could have them up in front of a tribunal so fast it would make their head spin. (Certain exceptions apply of course)
Yes they can quite reasonably tell you when to take your breaks too. My suggestion to the OP would be to grow up a bit…
That being said, I’m paid my breaks so I’m absolutely as helpful as can be when planning them… 
Go figure…
Unfortunately the EU Drivers hours rules don’t address this but should.
I agree that if breaks aren’t paid then the driver should be able to come and go as he pleases and clear off leaving the truck. If they want the driver to look after the truck during a break then pay him.
I can’t believe the industry is this sad they deduct breaks. It’s ridiculous. I bet their office staff get paid through or clear off outta the office for their break - especially the lunch break.
These employers will only learn when drivers start walking off to those places that respect them - and pay their breaks.
So if you are an ADR driver who is in charge of safety of his load who is responsible if you go for a walk for 45 mins from a lay-by and leave the truck unattended ?
I bet you get done by the Tc’s if something happens whilst you leave it unattended.
So therefore you must be in attendance at all times…That means they must pay you surely.
Hope you are an ADR driver !!!, if not you are screwed unless you wish to argue the toss that they are changing your terms and conditions etc etc.
Good luck.
3 wheeler:
So if you are an ADR driver who is in charge of safety of his load who is responsible if you go for a walk for 45 mins from a lay-by and leave the truck unattended ?
I bet you get done by the Tc’s if something happens whilst you leave it unattended.
So therefore you must be in attendance at all times…That means they must pay you surely.
Hope you are an ADR driver !!!, if not you are screwed unless you wish to argue the toss that they are changing your terms and conditions etc etc.
Good luck.
Er don’t think so. Otherwise your not legally on rest if on a night out. Unless you can provide the legal definition
3 wheeler:
So if you are an ADR driver who is in charge of safety of his load who is responsible if you go for a walk for 45 mins from a lay-by and leave the truck unattended ?
I bet you get done by the Tc’s if something happens whilst you leave it unattended.
So therefore you must be in attendance at all times…That means they must pay you surely.
Hope you are an ADR driver !!!, if not you are screwed unless you wish to argue the toss that they are changing your terms and conditions etc etc.
Good luck.
I’ve done 2 ADR jobs, one paid hourly straight through (Isotank) and the other was salaried (M&H).
But, most of the full time jobs I’ve had have paid straight through, but most of the agency jobs I’ve had have deducted 45 mins (some 1hr 
)
HOWEVER, if any job decided to deduct me EVERY MINUTE recorded on break (as I’ve heard in the past but never experienced) then they’d get a right shock in 2 ways
- any waiting time, (un)loading that I’m not involved in etc would all be other work, there’d be 45 mins per day taken at a precise time no matter where I am at the time, the job would stop as I went on my break.
- I would literally be finishing the day / week off and never working there again, as someone said above, you can be required to have 90 mins in a day break by law, so if you do a long day and a decent driving day, you lose 90 mins for the privilege - NAH!
Personally, I think certain jobs should be paid straight through, no matter how you are working there (full time, agency, subby etc), such as containers that I’m doing at the moment, you can easily get your breaks on the doors, but if you’re deducted them, then you’d be a fool not to extend your working day by the 45 mins you’ve been deducted - personally I make it work for me, if I’m going to finish at rush-hour, then I’ll take / not take my 45 to avoid rush hour in my car.
A company can ask you to put it on break whilst waiting at a customers premises or waiting at an RDC, as long as you are not “working”, but it is up to the driver to say " if I’m not being paid for my break then I will take it where I see fit". If they argue that they don’t like you stopping en route because of the security of the load then tell them to buy a bigger padlock. This usually gets the message across.
Try growing a pair.
If you are on a break you are free to do as you please,leave the vehicle in a reasonably safe place,lock the cab and if possible the trailer,as long as you take those steps there is naff all any Company can do.
When I was working, before I retired, if I was due for a break I often went to a cafe or went for a walk around town away from the motor.
Same goes for nights out its your free time to do as you please, not unpaid vehicle security for the Company.
If like some Companies they won`t pay for parking,then its their problem if anything happens whilst your parked on an Industrial site or layby whilst your inthe pub or the cinema
All this fretting about staying with the lorry and demanding that breaks are paid. It is quite simple: if you pull up at a services and want a ■■■■ and then something to eat in the ‘restaurant’ there then go and do it, and the same goes for if you’re parked near a town or similar. Any company would find that expecting the driver to act as a guard (as some here seem to think they should) when he or she isn’t being paid is unreasonable.
And for the guy who thinks that office types get paid straight through - umm, no.