I think this particular law catches out the most people, the difference between break and rest. Davie starts off saying I’m speaking ■■■■■■■■, which I often am but not in this case, then changes tack when I prove what I said to him was accurate and instead decided to try and make recuperation the issue 
Any other made up laws you hear often?
57 mph is against the law?
You need a receipt for overnight claim?
stu675:
You need a receipt for overnight claim?
Unless your employer has an agreement with HMRC you need to provide proof. You can’t for example get the tax free allowance for a meal without proof of an actual expense.
Conor:
stu675:
You need a receipt for overnight claim?Unless your employer has an agreement with HMRC you need to provide proof. You can’t for example get the tax free allowance for a meal without proof of an actual expense.
Your right Conor just been reading about employers being registered with HMRC in response to Gazmacs topic of his employer wanting receipts for night out.
This Davie man speaks for the truck driver! I agree 100%. Waiting on a bay is POA at best no way you can take a proper break. For the purpose of ‘‘6 hours WTD’’ maaaaaybe but I would NOT consider it a proper rest period especially if there’s a sign at the entrance/gatehouse that reads ‘‘NO BREAK ON BAY!!’’
ETS:
This Davie man speaks for the truck driver! I agree 100%. Waiting on a bay is POA at best no way you can take a proper break. For the purpose of ‘‘6 hours WTD’’ maaaaaybe but I would NOT consider it a proper rest period especially if there’s a sign at the entrance/gatehouse that reads ‘‘NO BREAK ON BAY!!’’
Fair enough just don’t dress it up as law and everyone will be happy
ETS:
This Davie man speaks for the truck driver! I agree 100%. Waiting on a bay is POA at best no way you can take a proper break. For the purpose of ‘‘6 hours WTD’’ maaaaaybe but I would NOT consider it a proper rest period especially if there’s a sign at the entrance/gatehouse that reads ‘‘NO BREAK ON BAY!!’’
They only state “no break on bay” to preempt drivers who refuse to move when tipped because “I only need five minutes for a forty five mate”. Leaving that aside though define a break and then tell me what you do on a break for example in a lay-by or MSA and tell me how it differs to a break on a bay.
the maoster:
ETS:
This Davie man speaks for the truck driver! I agree 100%. Waiting on a bay is POA at best no way you can take a proper break. For the purpose of ‘‘6 hours WTD’’ maaaaaybe but I would NOT consider it a proper rest period especially if there’s a sign at the entrance/gatehouse that reads ‘‘NO BREAK ON BAY!!’’They only state “no break on bay” to preempt drivers who refuse to move when tipped because “I only need five minutes for a forty five mate”. Leaving that aside though define a break and then tell me what you do on a break for example in a lay-by or MSA and tell me how it differs to a break on a bay.
When I’m in a layby I decide when the break ends, if on a bay as you point out it’s a grumpy shunter. If I don’t have control over the time I’m going to be stationary then I’m not on a break. Like stuck in traffic due to accident…technically you can take a 15 sometimes even 30 and more often than not you might HAVE to but are you then going to drive on for 3 hours without taking a wee and lunch because ‘‘I already had my break’’?
^^;^;:
It ain’t difficult mate, …taking the law aspect out of it, for a minute…just do what I do.
Just put it on break on a bay purely for sake of tacho to keep legal, and then take your break aka a ‘proper’ break later on when YOU want it. 
ETS:
the maoster:
ETS:
This Davie man speaks for the truck driver! I agree 100%. Waiting on a bay is POA at best no way you can take a proper break. For the purpose of ‘‘6 hours WTD’’ maaaaaybe but I would NOT consider it a proper rest period especially if there’s a sign at the entrance/gatehouse that reads ‘‘NO BREAK ON BAY!!’’They only state “no break on bay” to preempt drivers who refuse to move when tipped because “I only need five minutes for a forty five mate”. Leaving that aside though define a break and then tell me what you do on a break for example in a lay-by or MSA and tell me how it differs to a break on a bay.
When I’m in a layby I decide when the break ends, if on a bay as you point out it’s a grumpy shunter. If I don’t have control over the time I’m going to be stationary then I’m not on a break. Like stuck in traffic due to accident…technically you can take a 15 sometimes even 30 and more often than not you might HAVE to but are you then going to drive on for 3 hours without taking a wee and lunch because ‘‘I already had my break’’?
robroy:
^^;^;:
It ain’t difficult mate, …taking the law aspect out of it, for a minute…just do what I do.
Just put it on break on a bay purely for sake of tacho to keep legal, and then take your break aka a ‘proper’ break later on when YOU want it.
Yeah that’s what I’m saying. Technically (legally) you can take a break anytime the wheels aren’t moving - it doesn’t mean it’s good practice but each to their own I guess. Don’t get me started on how many drivers go all day with no break just the ones I’ve met over the last several years who unload (manually ie. actually doing other work) and stick the tacho on break so they can get home 45 mins earlier and the companies are all too happy about it to do any card checks and ask where’s your ‘‘other work’’? and the DLVA can’t find out in a million years. I’ve never heard anyone being spot-checked while doing ‘‘other work’’ what the tacho is showing at the time
ETS:
robroy:
^^;^;:
It ain’t difficult mate, …taking the law aspect out of it, for a minute…just do what I do.
Just put it on break on a bay purely for sake of tacho to keep legal, and then take your break aka a ‘proper’ break later on when YOU want it.Yeah that’s what I’m saying. Technically (legally) you can take a break anytime the wheels aren’t moving - it doesn’t mean it’s good practice but each to their own I guess. Don’t get me started on how many drivers go all day with no break just the ones I’ve met over the last several years who unload (manually ie. actually doing other work) and stick the tacho on break so they can get home 45 mins earlier and the companies are all too happy about it to do any card checks and ask where’s your ‘‘other work’’? and the DLVA can’t find out in a million years. I’ve never heard anyone being spot-checked while doing ‘‘other work’’ what the tacho is showing at the time
Got to agree with a lot of that tbh.
It’s the reason that I don’t mind so much my lot taking 45mins a day of my pay.
If they decided to pay us right through you would get the clowns at my place not taking any breaks,…justifying it with…‘‘Well they’re paying us for it anyway’’ that is how their minds and logic work.
lolipop:
Conor:
stu675:
You need a receipt for overnight claim?Unless your employer has an agreement with HMRC you need to provide proof. You can’t for example get the tax free allowance for a meal without proof of an actual expense.
Your right Conor just been reading about employers being registered with HMRC in response to Gazmacs topic of his employer wanting receipts for night out.
I don’t think he is. The std amount doesn’t require receipts, anything more does.
gov.uk/hmrc-internal-manual … l/eim66205
ETS:
This Davie man speaks for the truck driver! I agree 100%. Waiting on a bay is POA at best no way you can take a proper break.
During a break, you are required to-
Not drive, and
Not carry out any other physical work related activity such as opening trailer curtains or manually handling goods which are on the vehicle etc. You do not need to be “free to dispose of your time as you wish”. Sitting in the cab scratching your ■■■■■■■■ for 45 minutes easily falls within the legal definition of a break regardless of where you are at the time.
Harry Monk:
ETS:
This Davie man speaks for the truck driver! I agree 100%. Waiting on a bay is POA at best no way you can take a proper break.During a break, you are required to-
Not drive, and
Not carry out any other physical work related activity such as opening trailer curtains or manually handling goods which are on the vehicle etc. You do not need to be “free to dispose of your time as you wish”. Sitting in the cab scratching your ■■■■■■■■ for 45 minutes easily falls within the legal definition of a break regardless of where you are at the time.
So there we have it , sitting on a bay at Home bargains watching ■■■■ hub counts as a break
I’ve never taken a break on a bay…
We did have a guy at Hacklings delivering to Iceland Swindon who did, but, he did warn them he was running out of work time and if he’s not tipped soon then he will be having it on the bay…
They called his bluff, which turned out not to be a bluff and he blocked the bay for 45 minutes if I remember rightly… 
Stephenjp:
I’ve never taken a break on a bay…We did have a guy at Hacklings delivering to Iceland Swindon who did, but, he did warn them he was running out of work time and if he’s not tipped soon then he will be having it on the bay…
They called his bluff, which turned out not to be a bluff and he blocked the bay for 45 minutes if I remember rightly…
Did the VOSA turn up with some chalk and a string of bunting?
In any event I don’t get it. If he was running out of work time he would need at least nine hours off, not 45 minutes.
Stephenjp:
I’ve never taken a break on a bay…We did have a guy at Hacklings delivering to Iceland Swindon who did, but, he did warn them he was running out of work time and if he’s not tipped soon then he will be having it on the bay…
They called his bluff, which turned out not to be a bluff and he blocked the bay for 45 minutes if I remember rightly…
That scenario actually makes no sense
switchlogic:
I think this particular law catches out the most people, the difference between break and rest. Davie starts off saying I’m speaking [zb], which I often am but not in this case, then changes tack when I prove what I said to him was accurate and instead decided to try and make recuperation the issueAny other made up laws you hear often?
0
“It is against the law to smoke in this vehicle”
Anyone ever heard of someone being busted, or even fined for smoking in their cab?
“It is against the law to drive down this street not marked with any such prohibition signs for your size vehicle” If the management/union don’t like you, you’re in the crap all the time. If they do like you - you can get away with anything at any time, forever.
“It is against the law to break company rules”. In the event of a conflict of interest, common sense only applies if you pay your own fines (for letting an ambulance pass you by pulling into a “at any time” bus lane)
Anyone else been told you “broke the law being off-route” when all such routes were perfectly legal?
“It is a sackable offence to politically offend either the Union, any manager (especially acting managers that are also in the union) or to admit you don’t vote Labour or Libdem in plain sight. This is considered trolling your fellow workers, and anti-trolling legislation will be used where appropriate. Usually, a dismissal without appeal gets you off that latter charge being elevated any further.”
There, we embark on the world of “Unspoken Laws” also known as “Unspeakable Laws”.
“Elevator” - (American English) “Lift”.
“Elevator” - (Buzzword English) “Being in the crap at a higher level than this HR’s paygrade”.
“Free to dispose of your time”
Except where you must never…
Make money external to your employment (unless it’s Ebay and you’re non-white)
Commit any crime as defined by company rules, rather than laws of the land
Drink whilst at the wheel, even soft drinks (unless it’s smoking, even ‘against the law’ smoking)
Using your Iphone for anything you’d normally do in your spare time, such as have a punt
Personally, I reckon it should be against the law to interrupt a driver on their break - ever.
Even plod will “move you along” though, if you’re stuck for parking space at a MSA for example, and end up parking on the sliproad!
I look forward to the time when laws are vigourously enforced against:
Taking payments in Euros whilst in possession of your truck full of diesel
Uploading videos below 480p grade to the internet
leaving your motorway at an exit marked “7.5t prohibited except for local deliveries”.
Animals brought from the continent of Europe must be quarantined for six months, unless you are Ukrainian, in which case you can get that Tollwut Dog through “fast tracked”, courtesy of Boris Johnson’s campaign to “Make Nazism Great Again” around the world as it stands…
ETS:
This Davie man speaks for the truck driver! I agree 100%. Waiting on a bay is POA at best no way you can take a proper break. For the purpose of ‘‘6 hours WTD’’ maaaaaybe but I would NOT consider it a proper rest period especially if there’s a sign at the entrance/gatehouse that reads ‘‘NO BREAK ON BAY!!’’
It’s perfectly legal to take a break on a bay watching for that green light, so long as you are doing nothing that is considered “work”, which sat in your drivers seat is not. The more important issue and question is whether putting it on break while on a bay is beneficial to “you” as the driver within your working day.
