Hello All
Just a question or 2 just to clear something up. I drive a hiab vehicle for myself(owner driver) but this is for my own work (i buy and sell plant,machinery etc.)
i currently use the tacho as 4.5hrs driving and break and 4.5hrs driving, i do leave the tacho on rest when using hiab.I not sure if i am wrong in putting it on rest could someone confirm if i am right or wrong.
A friend drives for a grab hire firm and he is cover by the working time directive and he said his boss says he cannot put it on rest when using the crane and he starts about 6:300am and finishes about 6:00pm or sometimes later.
If someone could point us in the right direction on the above questions and tell me what i should be set on.
Whilst you’re working the tacho should be on other work (cross hammers) not rest, it’s nothing to do with the working time directive though, it’s the drivers hours and tachograph regulations.
by rights you should be set to other work as you are actually doing other work. when you are on rest you are free to dispose of your time as you wish, if you are controlling a hiab you cant just wander off can you?
Thanks for that i though it had to be on other work. So for myself and my friend who works with cranes we should be on driving/tacho regs and not WTD. I have just been reading some other post on very silimiar question, If i am not driving or working the hiab e.g. back at base then this goes on rest.
How come my friend is working by the WTD hours and not driving hours as i told him that if he is driving and picking up a load with his grab wagon then he will come under the same rules as me?
Drivers working under EU regulations work to both the Tachograph regulations and the WTD regulations.
They’re two separate sets of regulations but we’re expected to comply with both of them, however the regulations that say what the tacho should be on when working, comes under the drivers hours and tachograph regulations.
When you’re back at base if your doing any type of work, the tachograph should really be on other work, as you’re still working to the EU regulations.
I am going to sound a bit thick hear now . I have been try to get my head round this. So if you are driving you come under the tacho regs and when you have stop and working you come under the WTD. So my friend boss says he does not need a break until 6hrs have come around, but would he not need to take his 45mins break under the tacho rules after 4.5hrs driving time??
Hopefully i may of explained myself better as i find it abit confusing myself.
So If i did the following it be right:
Drive - 2hrs
other work - 30mins
Drive - 1hrs
Other work - 30mins
Drive - 1.5hrs
By the tacho regs i should take the 45min break required
Drive - 30mins
other work - 1hr
drive - 1 hr
other work - 30mins
drive - 2hrs
other work -30mins
drive -1hr
then this is the limit on tacho regs unless you have another 45 min break.
Would the above be legal or not
Thank you for your replys already.
clarkie:
I am going to sound a bit thick hear now . I have been try to get my head round this. So if you are driving you come under the tacho regs and when you have stop and working you come under the WTD. So my friend boss says he does not need a break until 6hrs have come around, but would he not need to take his 45mins break under the tacho rules after 4.5hrs driving time?? (If your friend is driving under EU regulations he should have a break of 45 minutes before driving over 4.5 hours, if he’s driving for more than 4.5 hours without a break then he’s not complying with the tacho regulations and there could be consequences to face for both him and his employer if he gets pulled)
Hopefully i may of explained myself better as i find it abit confusing myself.
So If i did the following it be right:
Drive - 2hrs
other work - 30mins
Drive - 1hrs
Other work - 30mins
Drive - 1.5hrs
By the tacho regs i should take the 45min break required
Drive - 30mins
other work - 1hr
drive - 1 hr
other work - 30mins
drive - 2hrs
other work -30mins
drive -1hr (A break on no less than 15 minutes should have been taken after 30 minutes driving to comply with the WTD 6 hour rule)
then this is the limit on tacho regs unless you have another 45 min break.
Would the above be legal or not
Thank you for your replys already.
The above example is not legal because you would have worked over 6 hours before having a break.
It can be confusing, but we’re supposed to comply with both the tachograph regulations and the WTD for mobile workers regulations.
Giblsa:
…when you are on rest you are free to dispose of your time as you wish…
While that is true for rest it doesn’t apply to break and the original question is about break as the OP is talking about periods during the shift when he is setting the mode switch to the bed symbol, break and rest are two different things and different requirements apply. It is one of the most common driver misconceptions that you have to be free to dispose of your time while on break and leads to confusion over what can and cannot be counted as break under the tacho regulations.
Giblsa:
…when you are on rest you are free to dispose of your time as you wish…
While that is true for rest it doesn’t apply to break and the original question is about break as the OP is talking about periods during the shift when he is setting the mode switch to the bed symbol, break and rest are two different things and different requirements apply. It is one of the most common driver misconceptions that you have to be free to dispose of your time while on break and leads to confusion over what can and cannot be counted as break under the tacho regulations.
sorry my mistake, i should have said break not rest.
but when you are on your break is not understood that the time you are on break that time i yours and by the way i read it you shouldnt even answer a phone call from your boss. so i guess the time is yours to do as you please (within reason)
clarkie:
I am going to sound a bit thick hear now . I have been try to get my head round this. So if you are driving you come under the tacho regs and when you have stop and working you come under the WTD. So my friend boss says he does not need a break until 6hrs have come around, but would he not need to take his 45mins break under the tacho rules after 4.5hrs driving time?? (If your friend is driving under EU regulations he should have a break of 45 minutes before driving over 4.5 hours, if he’s driving for more than 4.5 hours without a break then he’s not complying with the tacho regulations and there could be consequences to face for both him and his employer if he gets pulled)
Hopefully i may of explained myself better as i find it abit confusing myself.
So If i did the following it be right:
Drive - 2hrs
other work - 30mins
Drive - 1hrs
Other work - 30mins
Drive - 1.5hrs
By the tacho regs i should take the 45min break required which would also wipe the slate clean for the WTD too
Drive - 30mins
other work - 1hr
drive - 1 hr
other work - 30mins
drive - 2hrs
other work -30mins
drive -1hr (A break on no less than 15 minutes should have been taken after 30 minutes driving to comply with the WTD 6 hour rule)
then this is the limit on tacho regs unless you have another 45 min break.
Would the above be legal or not
Thank you for your replys already.
The above example is not legal because you would have worked over 6 hours before having a break.
It can be confusing, but we’re supposed to comply with both the tachograph regulations and the WTD for mobile workers regulations.
clarkie:
I am going to sound a bit thick hear now . I have been try to get my head round this. So if you are driving you come under the tacho regs and when you have stop and working you come under the WTD. So my friend boss says he does not need a break until 6hrs have come around, but would he not need to take his 45mins break under the tacho rules after 4.5hrs driving time?? (If your friend is driving under EU regulations he should have a break of 45 minutes before driving over 4.5 hours, if he’s driving for more than 4.5 hours without a break then he’s not complying with the tacho regulations and there could be consequences to face for both him and his employer if he gets pulled)
Hopefully i may of explained myself better as i find it abit confusing myself.
So If i did the following it be right:
Drive - 2hrs
other work - 30mins
Drive - 1hrs
Other work - 30mins
Drive - 1.5hrs
By the tacho regs i should take the 45min break required which would also wipe the slate clean for the WTD too
Drive - 30mins
other work - 1hr
drive - 1 hr
other work - 30mins
drive - 2hrs
other work -30mins drive -1hr(A break on no less than 15 minutes should have been taken after 30 minutes driving to comply with the WTD 6 hour rule)
then this is the limit on tacho regs unless you have another 45 min break.
Would the above be legal or not
Thank you for your replys already.
The above example is not legal because you would have worked over 6 hours before having a break.
It can be confusing, but we’re supposed to comply with both the tachograph regulations and the WTD for mobile workers regulations.
Wouldnt it?
Yes I should probably have mentioned that, It would wipe the slate clean as far as the 6 hour rule is concerned for that period of work, a new 6 hour period begins at the end of the break, which is why another break of no less than 15 minutes should have been taken no later than 30 minutes into the last period of driving (drive -1hr).
Giblsa:
…when you are on rest you are free to dispose of your time as you wish…
While that is true for rest it doesn’t apply to break and the original question is about break as the OP is talking about periods during the shift when he is setting the mode switch to the bed symbol, break and rest are two different things and different requirements apply. It is one of the most common driver misconceptions that you have to be free to dispose of your time while on break and leads to confusion over what can and cannot be counted as break under the tacho regulations.
sorry my mistake, i should have said break not rest.
but when you are on your break is not understood that the time you are on break that time i yours and by the way i read it you shouldnt even answer a phone call from your boss. so i guess the time is yours to do as you please (within reason) (Within reason as long as your employer approves )
You don’t need to be able to dispose of the time as you wish whilst on break, nor do you have to be free to do as you please, try telling your employer that you’re leaving the premises whilst on break and he would have every right to stop you.
A break is a period of time that can be used to recuperate, but there’s no regulation that says you should be able to dispose of the time as you wish, or be free to do as you please, but you should not be doing any work and you should be free to use the time to recuperate.
Giblsa:
…when you are on rest you are free to dispose of your time as you wish…
While that is true for rest it doesn’t apply to break and the original question is about break as the OP is talking about periods during the shift when he is setting the mode switch to the bed symbol, break and rest are two different things and different requirements apply. It is one of the most common driver misconceptions that you have to be free to dispose of your time while on break and leads to confusion over what can and cannot be counted as break under the tacho regulations.
sorry my mistake, i should have said break not rest.
but when you are on your break is not understood that the time you are on break that time i yours and by the way i read it you shouldnt even answer a phone call from your boss. so i guess the time is yours to do as you please (within reason)
I wasn’t just being pedantic for the sake of it, although I do enjoy doing that. The reason I mention it is due to the fact you hear drivers talking a lot of ■■■■■■■■ (hard to believe drivers do that I know but… ) about it being illegal to take a break while in an RDC or while sitting in the cab being loaded/unloaded because they aren’t free to dispose of their time. Whether they want to count that time as a break is up to them but to say it is illegal is rubbish.
The definition of the various terms used in the hours rules are defined within the regulations and for rest and break they are as follows.
Article 4 (d) ‘break’ means any period during which a driver may not carry out any driving or any other work and which is used exclusively for recuperation; (f) ‘rest’ means any uninterrupted period during which a driver may freely dispose of his time;
You can see from the above that sitting in the cab reading, sleeping, eating, drinking coffee/t**, watching TV, picking your nose, scratching your balls (for those without balls they may be provided) etc, etc, etc would all fall under the definition of break regardless of location or whether you have to stay with the vehicle.
. I have been try to get my head round this. 
So if you are driving you come under the tacho regs and when you have stop and working you come under the WTD. So my friend boss says he does not need a break until 6hrs have come around, but would he not need to take his 45mins break under the tacho rules after 4.5hrs driving time?? 
)
The reason I mention it is due to the fact you hear drivers talking a lot of ■■■■■■■■ (hard to believe drivers do that I know but…