Infringements

Hi all i’m just looking for some advice to see where and if I went wrong. Last week I received an infringement for going 10 minutes over my driving time which I was unaware of. I had a 46 minute break then stop my break as I was told my load was ready and when I got in their surprise surprise it wasn’t. So I put it back on break, when My load was finally ready I had got another 34 minutes of break. When I got to my delivery you are not allowed to stay in your cab Will put you on break again, this cleared my taco head out. And I had a full 4 1/2 hours driving to get home, all aboveboard or so I thought. Any of you good people tell me why I will get an infringement for driving 4 hrs 40 mins without a break. I was told that the second break out 34 minutes would not count as a break, so I am very confused. Many thanks

There are any number of things that may have happened. Make a printout for the day in question and post it up here.

Because you can only drive 4:30 without a break. Not 4:40. Don’t get driving time confused with working time.

If you drive for over 4½ hours without a break you get an infringement.

Assuming that you only use break and not POA, if the tachograph display says you’ve got 4½ hours driving then 4½ hours driving time is all you’ve got.

Didn’t fully understand what you said but if you had 34 minutes after you had 46 minutes then that 34 minutes would only count as a 15 minute break so therefore you’d need a 30 minute break to re-set the clock for a fresh 4.5 hr drive.

I think u can’t drive more than 4,5 h. no matter what.

I had DCPC last week on driving hours and i learned about 4:30 min drive. Don’t drive over 4,5 h.

i might be wrong tho.

Sorry all I’ve just read through what I wrote, I will print out and post it on here for you all to look at. I had a 46min break so that reset my taco clock to 4 1/2 hrs. After finding out my load wasn’t finished I went back and put it on break again, when the load was ready the taco reading was 1 min work and 34 mins break, so drove to my delivery, I needed another 30 min break to reset my taco clock to 4 1/2 hrs again. I got over 30 mins so I drove back to the depot. Had two days rest came in today and was told that I drove for 4hrs 40 mins according to tachomaster yet my taco head was clear for the way home. I was told that the break after the 1st 46 mins would not count as a break as I didn’t warrant a break. So the taco head said I was clear, taco master says no. I hope that clears any missing info but I will post the print out soon as.

Pabinlove:
Sorry all I’ve just read through what I wrote, I will print out and post it on here for you all to look at. I had a 46min break so that reset my taco clock to 4 1/2 hrs. After finding out my load wasn’t finished I went back and put it on break again, when the load was ready the taco reading was 1 min work and 34 mins break, so drove to my delivery, I needed another 30 min break to reset my taco clock to 4 1/2 hrs again.

After the driving time was reset to 4½ hours you put the tachograph back onto break without moving the vehicle. the available driving time was already set to 4½ hours when you had another 34 minutes break but as you hadn’t done any driving the 34 minute break was not another driving break.

Lets say you had 45 minutes break and the driving time was reset to 4½ hours, if you moved the vehicle even for a minute the 34 minutes would have counted as the first part of a slit driving break, however because you had done no driving since the driving time was reset to 4½ hours it could not count as a driving break.
A break cannot count as a driving break until the tachograph shows that you’ve done at-least a minute driving.

Consequently the 30 minute break you had wasn’t the second part of a split driving break it was the first part.

From what you’ve posted it sounds like you was using a digital tachograph so should have been taking your available driving time from the tachograph display.

I think I understand you now. That initial 46 minute break reset your driving time to 4.5 hours, but the next 34 minutes of break did not have any effect as you had done no driving since taking the first 46 minutes.

Same would apply if you got in the cab at the start of your shift and immediately put the tacho on Break for 15 minutes - it would not count towards your 45 minutes.
But if you got in the cab, drove round the yard and then put it on break for 15 minutes, it would count towards your 45.

Last 2 posts are spot on. That one minute of “other work” counted for nothing. So you technically had 1:20 break then drove back to base and only stopping for 30 mins. Some head units are different to others and its a pain in the bum at times