This might be a bit of a strange question so I’ll explain a bit more.
Yesterday morning I did 2 hours of driving to get to the check-in at eurotunnel and got 30 minutes break whilst waiting at the terminal because the tacho defaulted to break.
On the train I took a 30 minutes break ( I selected break)
I was planning on taking another 30 minute break at Fleet to add to the second 30 minute break on the train, allowing me enough time to get home to Devon.
Can I disregard the first break if I don’t need it?
If I can’t this would mean I would have had only had 30 minutes rest during 4.45 of driving.
As it happens I got delayed in the traffic on the M20 because the M26 was shut and then took a 45 minute break at fleet.
I was using a digital pop out old type tacho so no infringements will be instantly known.
mucker85:
This might be a bit of a strange question so I’ll explain a bit more.
Yesterday morning I did 2 hours of driving to get to the check-in at eurotunnel and got 30 minutes break whilst waiting at the terminal because the tacho defaulted to break.
On the train I took a 30 minutes break ( I selected break)
I was planning on taking another 30 minute break at Fleet to add to the second 30 minute break on the train, allowing me enough time to get home to Devon.
Can I disregard the first break if I don’t need it?
If I can’t this would mean I would have had only had 30 minutes rest during 4.45 of driving.
As it happens I got delayed in the traffic on the M20 because the M26 was shut and then took a 45 minute break at fleet.
I was using a digital pop out old type tacho so no infringements will be instantly known.
I have never ever been on the train for less than 49 minutes, there is a reason for that
No, a break is a break and you cannot disregard it to suit your own purposes. Once you have taken at least 45 minute break, either in one lump or as at least 15 followed by at least 30, then the driving timer is rest and you will need to meet the break requirements for the next 4.5 hour driving period.
If you had done what you intended and disregarded the first 30 minutes then you would have committed an offence of exceeding 4.5 hours driving without at least 45 minutes of break. Yes it’s stupid because if that first 30 minutes had been other work then you would have been legal to take the 30 minutes on the train with a 30 at Fleet so you would in effect committing an offence because you had 90 minutes of break instead of the 45 minutes you needed and 60 you took.
Once you’ve recorded a break it’s a break and that’s it.
could you not write on the back saying you made a mode selection error and fill the time in as other work or poa
Thanks for the reply Mr Coffee. I thought it was wrong but it’s stupid you can’t count a break for LESS than it has recorded. I could have done the bit to the train and from the train to fleet in less than 4.30 and only needed the 30 on the train and 30 at fleet to be fine but because I had taken an EXTRA break its wrong!
stevieboy308:
could you not write on the back saying you made a mode selection error and fill the time in as other work or poa
im not bothered, if Vosa want to do me for taking TOO MUCH break let them, it’s stupid and hopefully any judge would see that.
stevieboy308:
could you not write on the back saying you made a mode selection error and fill the time in as other work or poa
You could do, but then it becomes falsifying records and that offence carries the possibility of a jail sentence so…
Am I right in saying that ANY wrong mode selected for other work, break or POA can be changed by making a manual entry at the time it happened ?
Coffeeholic:
stevieboy308:
could you not write on the back saying you made a mode selection error and fill the time in as other work or poa
You could do, but then it becomes falsifying records and that offence carries the possibility of a jail sentence so…
Not in this case though as it was a genuine mistake due to turning the ignition off and the tacho defaulting to break and the op didn’t realise or forgot it did that. That’s how I read it anyway?
Just to add another question and I hope the op doesn’t mind. If you drive 4.5 and take an hour break, can you use 45 of that hour for your first break and the remaining 15 to contribute to your second break? Therefore only needing a 30min break next?
stevieboy308:
kitbuilder123:
Just to add another question and I hope the op doesn’t mind. If you drive 4.5 and take an hour break, can you use 45 of that hour for your first break and the remaining 15 to contribute to your second break? Therefore only needing a 30min break next?
no
Because that 15 mins does not ‘interrupt’ the second piece of driving
kitbuilder123:
Just to add another question and I hope the op doesn’t mind. If you drive 4.5 and take an hour break, can you use 45 of that hour for your first break and the remaining 15 to contribute to your second break? Therefore only needing a 30min break next?
I don’t mind at all, your situation would only work if you moved after your 45 and then took a 15.
ROG:
Am I right in saying that ANY wrong mode selected for other work, break or POA can be changed by making a manual entry at the time it happened ?
How do you do that on an anologue tacho without taking the chart out then ROG?
If poa had been recorded on the train, then you would have only needed your second 30 min break at fleet.
But other people on here think poa has no use.
happysack:
If poa had been recorded on the train, then you would have only needed your second 30 min break at fleet.
But other people on here think poa has no use.
If other work had been recorded on the train, then he would have only needed his second 30 minute break
And yes, POA still has no use 
But why not use poa. Keep the working time down? Unless the op works for tin pot outfit that doesn’t pay poa?
What did you use before POA was dreamt up by some overpaid ■■■■■■ in Brussels?
How can you be ‘available for work’ if you are sat in an RDC trailer park waiting for a bay?
You can harldy go and do another job can you?
POA fails by its very own definition
This is regardless of whether a company will pay for POA or not, you will still get the samew money at the end of the week for the same amount of hours in the truck
Yes, I used break. But poa exists now so I use it.
I used to cook on a camping gas stove. I now have a microwave. Which should I warm tonights curry with?