This is a imaginary situation to be clear. Happily working away in a truck, get back to depot midday and go on my break(45, but actually an hour[emoji3]), meanwhile the loaders/unloaders have to move the truck in depot to do their jobs. Get back in vehicle and finish my shift(all done in 8 hrs). My ? Is what happens with tacho and driver card as not recorded a 45 min break[emoji15].
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Might be talking bull but I thought you can’t end a shift on a 45min break if you needed the break? Something along those lines. I shall wait to be laughed at and lynched if it seems im talking complete bollox.
Your break according to your tachograph has been interrupted by the loaders moving the vehicle, and as the tacho doesn’t differentiate between them moving it or you moving it then it doesn’t count as a 45 minute break.
Did you legally need a 45 minute break then? If not then don’t worry about it. Also for future reference it is perfectly acceptable to remove the card from the head mid shift and subsequently do a manual entry to explain the “missing time” if you suspect that the vehicle may be moved by another person whilst your card is inserted. I do this when mine is in for service as I know that the fitters will be moving it at some point.
the maoster:
Your break according to your tachograph has been interrupted by the loaders moving the vehicle, and as the tacho doesn’t differentiate between them moving it or you moving it then it doesn’t count as a 45 minute break.Did you legally need a 45 minute break then? If not then don’t worry about it. Also for future reference it is perfectly acceptable to remove the card from the head mid shift and subsequently do a manual entry to explain the “missing time” if you suspect that the vehicle may be moved by another person whilst your card is inserted. I do this when mine is in for service as I know that the fitters will be moving it at some point.
Yep.
First choice lock it up.
If your card is left in and someone else moves the vehicle…it certainly looks like it is you doing so.
If others have keys to a vehicle with your card in, take your card out.
We can argue about the yardman who jumps in actually fraudulently using your card etc etc, but let’s not not get silly.
Avoid the chance of if happening and having to explain it all later.
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What about a super compliant yard man [emoji3] who puts the tacho on out of scope whilst he does his stuff to prevent tacho recording ‘driving without card’. Is that ok?
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Lock it and…
Take the keys out… every time.
I stand to be corrected but I don’t think out of scope can be used in the circumstances you state.
Never used it so I’m not 100% on that.
It’s quite straightforward. During your 8 hour shift (assuming no POA) you will be required to take at least 30 minutes of Break (either in one go, or in two chunks of at least 15 minutes each). That’s under the Working Time regulations.
If you drove for more than 4.5 hours during that shift, you will be required to take a Break of at least 45 minutes. This break can be taken in one go, or by taking two breaks, the first one at least 15 minutes and the second one at least 30 minutes. That’s under the Drivers’ Hours regulations.
If someone else has moved your vehicle while Break was being recorded, this will NOT be shown as “driving without card” unless you ejected your card before the vehicle was moved. If you did this, then no problem at all as when you eventually re-insert your card you use the manual input facility to show Break for the whole time that your card was out. If you left your card in, then it won’t be shown as “driving without card” but will show driving activity interrupting your Break (also, depending on how the tacho unit is set up, it will probably record all time after the movement as “work” rather than “break”). If this happens then you should make handwritten entries on a chart to amend the incorrect entry.
Just don’t park it where it’s in the way [emoji848]
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Take out card and do manual entry upon return. It doesn’t matter what they do, the card is about your activities.
Surely when you got back in lorry you would just do a manual entry to show what you were doing between getting out lorry & getting back in , it’s nothing to do with you what was done with lorry when your not in it , you just have to account for time out of it via a manual entry
Boris1971:
What about a super compliant yard man [emoji3] who puts the tacho on out of scope whilst he does his stuff to prevent tacho recording ‘driving without card’. Is that ok?
No because it’s recording work. Anything which is not bed symbol cannot be counted as a break.
When I have my break my truck keys are in my pocket if I’m not sat in the cab. When I’ve been on jobs where shunters will move your wagon whilst you’re on break, such as putting it on loading bays, card out and manual entry when I get back in.
dozy:
Surely when you got back in lorry you would just do a manual entry to show what you were doing between getting out lorry & getting back in , it’s nothing to do with you what was done with lorry when your not in it , you just have to account for time out of it via a manual entry
Can’t do a manual entry if you left your card in.
Boris1971:
This is a imaginary situation to be clear. Happily working away in a truck, get back to depot midday and go on my break(45, but actually an hour[emoji3]), meanwhile the loaders/unloaders have to move the truck in depot to do their jobs. Get back in vehicle and finish my shift(all done in 8 hrs). My ? Is what happens with tacho and driver card as not recorded a 45 min break[emoji15].Sent from my iPhone using Tapatalk
Is this ‘imaginary’ situation the same as I have a ‘friend’ who did this ? 
Going on a 45 “break” at the end of your shift,why bother to put it on break, take your card out and let the loader / unloaders park the motor up when they have finished doing whatever. Like what has already been said imaginary or is it the same as a “friends” situation
lolipop:
Going on a 45 “break” at the end of your shift,why bother to put it on break, take your card out and let the loader / unloaders park the motor up when they have finished doing whatever. Like what has already been said imaginary or is it the same as a “friends” situation
I think you may have misunderstood the OPs query (or maybe I have?). They’re not talking about going on a 45 minute Break at the end of their shift (although I can see how it could be read that way). As I read it the “get back in vehicle and finish my shift” actually means “get back in vehicle and work/drive for a couple more hours until my shift ends”. The solution is actually the same - If you are handing over keys/vehicle to someone who might move it, take your card out and use manual input to fill in the resulting gaps.