ROG:
Euro:
all this is fairly academic unless something horrible happens. Then the driver will be in the dock/witness box and a snotty lawyer will ask him,
“During this break you say you took, were you freely able to dispose of your time as you wished?”
If the answer is,
“No, I had to stay in my wagon in case I was called forward in the queue”
Then the conclusion is that no break was taken and the driver was responsible for all/some of the subsequent problems.
If not working or driving then it can be break so assuming that …
The legal conclusion for that under EU regs would be that the driver acted correctly and if anyone disagrees then ask a legal expert
Reason = there is no legal requirement under EU regs for the driver on break to be able to freely dispose of their time
I do not THINK this is the correct answer - I KNOW it is
If a court determined that the driver was actually working then the outcome would be different but the court would have to prove what the driver was doing that constituted work - waiting is not work
Rog, if you read my posts properly then you will read that we had discounted the word REST because you jumped all over it as soon as it was written. We (the rest of us talking about this issue) are talking about what the POSTER meant which was putting the mode to (break).
As far as I was concerned it… (BREAK) is what he was referring to, I admit that I regret ever mentioning rest.
In your response above, I wouldn’t argue, BUT the original post was asking which mode to use and the fact that he didn’t say that he was not working, wasn’t mentioned.
- He said he was waiting in a queue (waiting).
A. He’s working
- He’s at a set of traffic lights (waiting).
A. He’s working
- He’s at roundabout (waiting to join)
A. He’s working
- He’s stuck in lane 3 on the M1 for hours in a queue (waiting)
A. He’s working
Where is the difference? It does matter if he’s on the M1 or waiting in a queue to get loaded. Does it?
POA has already been discussed and as far as I can see (correctly) so there’s no need to explain that, if anyone is interested, I, and a roadside enforcement examiner have just been talking to the people who write the policy on POA and I can put the whole thing on here.
There is another mode he can use whilst waiting or putting it in context of the REGULATIONS …(POA)
He can use it If he is told of the delay, and on this type of work he’s not going to be told of the delay so that one is out…(NO POA)
The other way under the same REGULATION…(POA) is that if he knows there will be a delay which he can expect to take a certain amount of time. (YES POA) No one needs to tell him
I, or no-one else is saying that to have a 15min break where we need to freely dispose of our time. I’ll say it again, because you don’t seem to read what is being said:
‘ADMITTEDLY I MADE THE MISTAKE OF MENTIONING ‘USING OUR TIME FREELY DURING REST’’. I didn’t mean rest, I meant BREAK. I will be extremely careful in future by making sure I use the correct word at the correct time and apologise to anyone who might have been confused by that explanation.
Rog, you appear to be trying to hang me and gain kudos for yourself I mentioned being able to ‘freely dispose of your time’ etc in response to the original poster’ question, and I’ll say it again because you don’t read what’s being said. ’ I made a mistake in assuming there were no people on here who would be splitting hairs and admit I was wrong when I mentioned ‘freely disposing of our time during a break’ This applies when on (POA).
Rog, I’m not trying to have a go, I’m not usually the type of person who gets into online disputes, but I do like to thrash the odd issue out.
You, I feel are quite similar, but being a newbie on here I get the feeling you have been around a long time and other members respect your opinions and advice, although a bit of back peddling has been been noted. 
I would ask though, are you a driver?
The reason I ask, which you might find either odd or offensive (which it’s not meant to be) is that your answers appear to me to come straight out the manual and very very black and white.
A colleague of mine is dyslexic and he’s very black and white too, his thought process is like tunnel vision and he struggles to see the bigger picture. There is clearly a divide here, if anyone needs any information regarding drivers hours, wtd then the people to speak to are:
enquiries@vosa.gsi.gov
These people advise the enforcement examiners who pull you in at the checkpoints. The forum is a great place full of advice and help. But remember it’s also full of HAPPY AMATURES 