today i was out with another driver he done most of the driving i only drove for 1 hour the rest of the time i sat next to him no breaks recorded just other work should have i shown a break after 6 hours.
tachograph or coffeehoilc will be along soon with the proper answer but I want to see if I remembered this right…
I THINK The answer is YES but you can put it on break whilst the other is driving - now lets see if I got this right…
I believe that the 2nd man can class that time as POA, as a digi tacho will not let you record rest while moving. I think there is some agreement because the machinery was built before the laws were finalised.
Im willing for a ricochet off Rog though 
today i was out with another driver he done most of the driving i only drove for 1 hour the rest of the time i sat next to him no breaks recorded just other work should have i shown a break after 6 hours.
NO
If you booked it as other work then you should have at least booked a 15 minute break for the 6 hour rule and any other breaks required for the WTD.
As you were sitting as a passenger and not doing any work you could have booked it as POA if you prefer.
See below for required breaks:
The Regulations require that:
- mobile workers must not work more than 6 consecutive hours without taking a break,
- if your working hours total between 6 and 9 hours, working time should be interrupted by a break or breaks totalling at least 30 minutes,
- if your working hours total more than 9 hours, working time should be interrupted by a break or breaks totalling at least 45 minutes,
- breaks should be of at least 15 minutes duration.
edit: If a digital tachograph was used it would have been recorded as POA, as far as I can remember there’s no way to book any thing else for a second driver.
Also if POA is booked then the first 45 minutes is regarded as break when you’re the second driver.
ah what will happen if i get stopped by vosa no breaks showing
kentman117:
ah what will happen if i get stopped by vosa no breaks showing
Politely explain that you erred and they might let you off with a warning and not lock you up for 20 years 
kentman117:
ah what will happen if i get stopped by vosa no breaks showing
Assuming that you were using an analogue tachograph with the chart in the second driver position, I would use a felt tipped pen to right the breaks on the back of the chart, I would put that I was a second driver and forgot to change the tachograph mode.
VOSA aren’t going to hang you when you were sitting in the passenger seat doing no work anyway, but next time easier to use POA