tango boy:
No its not because he drove for 30 mins had a 15 then drove for 3.25 total driving 3.55, after the 30 min break having a 45 break altogether, means he can drive for another 4.30 REALLY
I can see what you mean but I’m not convinced you’re right.
Let’s take a hypothetical situation: You drive for 15 minutes then take a 15 break. You then drive for 4 hours and 10. By your reasoning you only need a 30 to reset all the clocks and stay legal.
Really?
Really??
If you were the “go to guy” for tacho questions, the rest must have been pitiful. This is basic stuff, it is common knowledge and has been tested in court.
Sayersy Thanks for that link it makes interesting reading, all stuff we should all know, but as is obvious we don’t. I was reading about rest periods and a bit came up that I hadn’t noticed before. Time spent learning or doing something under obligation cannot be counted as rest. The first thing that springs to mind is that the DPCC is not counted as rest as you are learning. Although it seems most weren’t if the many threads like this are anything to go by. Next, what is meant by doing something under obligation. Maybe as usual I’m missing the obvious but that seems a bit vague to me.
If you are being paid to take your DCPC then yes this is counted as other work and the hours should be accounted for.
We had our DCPC paid for and we where paid for it so we started them on a Saturday morning at 0600 to get a full weekly rest in
5 minutes drive - on a break for 15 - drive for 4.25 on a break for 30 - Cleans the slate and you’re left with another 4.30 drive or 5.30 drive if you have another 15/30 or 45 break along the way.
Win-Stone:
At both my previous and current employer, I’ve been regarded as the ‘go to’ guy if anyone has questions on drivers’ hours or tachographs but, the other day, someone threw a question at me which I’m struggling with…
So now I’m going to throw it open to you lot… !
Right then, so the facts.
We know that the law dictates that, after 4.5 hours of driving you are required to have a 45 minute continuous break. That’s a given.
We also know that you are allowed to ‘split’ your break into 15 minutes and 30 minutes; provided that the ‘second’ break is the 30.
So far so good. Now for the question:
Is there a limit on the maximum allowed time between breaks?
For example: You drive for 30 minutes then take a 15 minute break. You then drive for a further 3 hours twenty five minutes.
Do you now — legally — only have to take a 30 on the grounds that you’ve had 15 minutes earlier or would VOSA argue that the 15 is too long ago and you should have a 45?
Anyone want to hazard a guess??
Don’t need to hazard a guess mate it’s all in the regulations, the answer is that the only maximum limit between driving breaks is the driving time that would take the accumulated driving time to 4½ hours.
You could do 1 minute of driving then have a 15 minute break then drive for another 4 hours 29 minutes before having a 30 minute break, the driving time would then be reset and it’s perfectly legal.
Of course this does not take into account and breaks required for the RT(WT)R.
This was one of the reasons the minimum 15-minute followed by minimum 30-minute for the split break was brought in at the last change to the regulations; along with the fact it aligned the Driver’s Hour Regulations with the WTD break requirements for 15 minutes before exceeding 6 hours work. It didn’t make a massive difference but previously you could legally do 8 hours 59 minutes driving with just 15 minutes break.
Win-Stone:
At both my previous and current employer, I’ve been regarded as the ‘go to’ guy if anyone has questions on drivers’ hours or tachographs but, the other day, someone threw a question at me which I’m struggling with…
So now I’m going to throw it open to you lot… !
Right then, so the facts.
We know that the law dictates that, after 4.5 hours of driving you are required to have a 45 minute continuous break. That’s a given.
We also know that you are allowed to ‘split’ your break into 15 minutes and 30 minutes; provided that the ‘second’ break is the 30.
So far so good. Now for the question:
Is there a limit on the maximum allowed time between breaks?
For example: You drive for 30 minutes then take a 15 minute break. You then drive for a further 3 hours twenty five minutes.
Do you now — legally — only have to take a 30 on the grounds that you’ve had 15 minutes earlier or would VOSA argue that the 15 is too long ago and you should have a 45?
Anyone want to hazard a guess??
Don’t need to hazard a guess mate it’s all in the regulations, the answer is that the only maximum limit between driving breaks is the driving time that would take the accumulated driving time to 4½ hours.
You could do 1 minute of driving then have a 15 minute break then drive for another 4 hours 29 minutes before having a 30 minute break, the driving time would then be reset and it’s perfectly legal.
Of course this does not take into account and breaks required for the RT(WT)R.
Good job we don’t have the option of 3 x 15 to explain anymore
Drift:
If you are being paid to take your DCPC then yes this is counted as other work and the hours should be accounted for.
We had our DCPC paid for and we where paid for it so we started them on a Saturday morning at 0600 to get a full weekly rest in
It doesn’t seem to matter if your being paid or not and it doesn’t matter what your learning it doesn’t count as rest. We weren’t paid to do it although it was paid for.
Drift:
If you are being paid to take your DCPC then yes this is counted as other work and the hours should be accounted for.
We had our DCPC paid for and we where paid for it so we started them on a Saturday morning at 0600 to get a full weekly rest in
It doesn’t seem to matter if your being paid or not and it doesn’t matter what your learning it doesn’t count as rest. We weren’t paid to do it although it was paid for.
The definition of rest is a period in which the driver is free to dispose of his time as he wishes. If your employer has arranged for you to attend a training course, it’s other work, because by attending you’re fulfilling an obligation to him. If you’ve arranged it yourself, you’re going by choice and you are free not to go if you like…in other words, you’re free to dispose of you’re time as you wish. In that case, you can count it as part of a rest period.
As long as tacho has recorded SOME driving (even as little as 1 minute), then you’re ok to have a 15 min break, then upto 4hrs 29 more driving, 30 min break, clock reset
Win-Stone:
tango boy:
No its not because he drove for 30 mins had a 15 then drove for 3.25 total driving 3.55, after the 30 min break having a 45 break altogether, means he can drive for another 4.30 REALLY
I can see what you mean but I’m not convinced you’re right.
Let’s take a hypothetical situation: You drive for 15 minutes then take a 15 break. You then drive for 4 hours and 10. By your reasoning you only need a 30 to reset all the clocks and stay legal.
Really?
Really??
Yep, that’s why they now specify the 2nd break must be minimum of 30 mins, in the old days we used to drive around the yard to get fuel (1 min driving), have a 30 min break, then drive somewhere, get loaded, drive somewhere else, get tipped, have a 15 min break whilst being tipped and drive back, so we’d be doing nearly 9hrs driving on 15 mins break.
A few on here will know what firm I’m on about, it wasn’t haulage but another industry on the same rules
Radar19:
Pretty sure there is not a limit on the time you can spend on a break. There is a minimum i.e. 15 minutes but not a maximum.
Nope, the minimum is ANY recorded driving time. 1 minute is fine.
waynedl:
As long as tacho has recorded SOME driving (even as little as 1 minute), then you’re ok to have a 15 min break, then upto 4hrs 29 more driving, 30 min break, clock reset
Win-Stone:
tango boy:
No its not because he drove for 30 mins had a 15 then drove for 3.25 total driving 3.55, after the 30 min break having a 45 break altogether, means he can drive for another 4.30 REALLY
I can see what you mean but I’m not convinced you’re right.
Let’s take a hypothetical situation: You drive for 15 minutes then take a 15 break. You then drive for 4 hours and 10. By your reasoning you only need a 30 to reset all the clocks and stay legal.
Really?
Really??
Yep, that’s why they now specify the 2nd break must be minimum of 30 mins, in the old days we used to drive around the yard to get fuel (1 min driving), have a 30 min break, then drive somewhere, get loaded, drive somewhere else, get tipped, have a 15 min break whilst being tipped and drive back, so we’d be doing nearly 9hrs driving on 15 mins break.
A few on here will know what firm I’m on about, it wasn’t haulage but another industry on the same rules
Radar19:
Pretty sure there is not a limit on the time you can spend on a break. There is a minimum i.e. 15 minutes but not a maximum.
Nope, the minimum is ANY recorded driving time. 1 minute is fine.
I was referring to break time… i.e. your break must be a minimum of 15 minutes to count etc, assuming we are talking about the first break in a split break scenario here.
tango boy:
No its not because he drove for 30 mins had a 15 then drove for 3.25 total driving 3.55, after the 30 min break having a 45 break altogether, means he can drive for another 4.30 REALLY
I can see what you mean but I’m not convinced you’re right.
Let’s take a hypothetical situation: You drive for 15 minutes then take a 15 break. You then drive for 4 hours and 10. By your reasoning you only need a 30 to reset all the clocks and stay legal.
Really?
Really??
yes really! That’s why they changed it to 15 mins first, then thirty! nowt to stop you doing 8:55 hours driving with 30 mins break at/ by 4:30 hours driving!
waynedl:
As long as tacho has recorded SOME driving (even as little as 1 minute), then you’re ok to have a 15 min break, then upto 4hrs 29 more driving, 30 min break, clock reset
Win-Stone:
tango boy:
No its not because he drove for 30 mins had a 15 then drove for 3.25 total driving 3.55, after the 30 min break having a 45 break altogether, means he can drive for another 4.30 REALLY
I can see what you mean but I’m not convinced you’re right.
Let’s take a hypothetical situation: You drive for 15 minutes then take a 15 break. You then drive for 4 hours and 10. By your reasoning you only need a 30 to reset all the clocks and stay legal.
Really?
Really??
Yep, that’s why they now specify the 2nd break must be minimum of 30 mins, in the old days we used to drive around the yard to get fuel (1 min driving), have a 30 min break, then drive somewhere, get loaded, drive somewhere else, get tipped, have a 15 min break whilst being tipped and drive back, so we’d be doing nearly 9hrs driving on 15 mins break.
A few on here will know what firm I’m on about, it wasn’t haulage but another industry on the same rules
Radar19:
Pretty sure there is not a limit on the time you can spend on a break. There is a minimum i.e. 15 minutes but not a maximum.
Nope, the minimum is ANY recorded driving time. 1 minute is fine.
I was referring to break time… i.e. your break must be a minimum of 15 minutes to count etc, assuming we are talking about the first break in a split break scenario here.
nowt to stop you doing 8:55 hours driving with 30 mins break at/ by 4:30 hours driving! 