been having bit of debate at work at the moment with a few of the other drivers hope someone(maybe rog could clear this up .drive for 2.5 hours stop for 10 mins not a break i know just maybe using loo getting paper etc then drive for 2 hours have 45 some say this is illegal because gone over 4.5 hours some say the 10 mins does not count because not actual driving time.is it the case that you only amass driving time when wheels are turning as such actually out on road working or is it classed as a shift looked on dft website cant find anything would love it if someone could post up a link so could sort this out once and for all with evedince instead of bloke down pub told me this and he has been driving since trucks had square wheels so must be true.
Questions to ask -
Has the accumulated driving time gone over 4.5 hours without the driver having a 45 break (or 15 + 30) 
- if no then legal
The DRIVING TIME is the actual time recorded by the tacho as driving
(j) ‘driving time’ means the duration of driving activity
recorded:
– automatically or semi-automatically by the recording
equipment as defined in Annex I and Annex IB
of Regulation (EEC) No 3821/85, or
– manually as required by Article 16(2) of Regulation
(EEC) No 3821/85;
yes. thats all.
Dunno then?:
yes. thats all.
You really should know this! FFS
no driving time not excede but some are saying that the 10 counts towadrs your 4.5 as it is not a 15 min break my understanding is that you only record driving time when actually driving as the 4.5 is a rolling period not a shift is this correct have always done it like this and have had no probs with anayls bot some are tellin me this is illegal
if you didn’t drive in those 10 minutes it isn’t driving time, it doesn’t matter what you were doing.
try to record it as driving with a digi tacho…you can’t!
Why would time when you are not driving be counted towards driving time?
Dunno then, you got a brick wall I could borrow■■? 
sportmonkey:
been having bit of debate at work at the moment with a few of the other drivers …some say this is illegal because …
Dunno then?:
You really should know this!
It seems from his post that he is not alone… very worrying ■■?
it wont make any difference you can stop as many times as you like as long as after 4.5 hours of driving you have that 45 minutes before you start again thats driving hours, were as they might be gettin confused with working directive which your only allowed 6 hours work then you need a break that why you can split your driving break, because if you busy getting naffed about at rdc’s you will soon reach the 6 hours and you may only have driven for 2 so thats when you have your 15 and 30minutes when the 4.5 is up. to be honest you should have a drivers log to keep an eye on your hours it dosent take much b4 your knee deep in vosa,…try not to listen to the fella in the canny tellin u this and that ask your boss for a copy of all the regs he has to provide you with it or he has got one hell of a bandit company and vosa love to hand out punishment and by the sounds of it they would cream your outfit,
so look after yourself and your license as long as your doing it right dont be tempted by urban myths…phew 
dustylfc:
might be gettin confused with working directive … …getting naffed about at rdc’s you will soon reach the 6 hours and you may only have driven for 2
Only if on ‘other work’ at the RDC 
This is TOTALLY DAFT but possible - start shift - 15 mins vehicle check - drive 2 hours to a RDC - POA for 10 hours !!! - 1 hour of other work unloading self - drive 2 hours back - 45 mins other work - end shift - 15 hour shift with no breaks shown at all.
I did say it was daft… these ■■■■ smell funny…
So many people fail to understand the difference between,“Driving time”,and,“Working time”.
Driving time is time spent behind the wheel,whether moving or sitting in a queue of traffic.
Working time is all work,which includes driving time.
Some time ago,we had a guy working on our agency who said he had recently passed his CPC to be a transport manager,and he would castigate us all for running illegal,stating that driving time and working time were all the same!,and he had checked it with his tutor and confirmed he was correct!
I think it was his way of getting out of tipping his trailer when doing a long run,Brighton being a good example.
When our depot was in Hove,it could take 4 hours 20 minutes to get there.
I would back into the warehouse,take maybe 30 minutes to tip,pull out of the warehouse,2 minutes,then take my 45.
Total working time 4 hours 52 minutes,total driving time,4 hours 22 minutes.Perfectly legal.
This so called CPC holder would arrive on site and say he was due for a break and could not tip before he took his 45,so the warehouse staff would have to tip his load.
Not so daft eh?
He also had a whinge about how difficult some of the drops were to reverse into.
My reply was,“I don’t know about you,but the rest of us are,“Class 1” drivers!”
After my ■■■■ taking for a few weeks about his qualification,haven’t seen him in quite some time.
bestbooties:
Driving time is time spent behind the wheel,whether moving or sitting in a queue of traffic
err… did you mean to say - sitting in a queue of traffic and not moving is NOT recorded as driving time ? (well, the digi may have other ideas if less than one minute !!)
ROG:
bestbooties:
Driving time is time spent behind the wheel,whether moving or sitting in a queue of trafficerr… did you mean to say - sitting in a queue of traffic and not moving is NOT recorded as driving time ? (well, the digi may have other ideas if less than one minute !!)
I think he meant to say exactly what he did, the wheels don’t have to be turning for it to be driving time so if you are in a queue it’s all driving time. Well apart from when the digi decides it’s not.
Coffeeholic:
the wheels don’t have to be turning for it to be driving time so if you are in a queue it’s all driving time.
I thought driving time for 561/2006 was only what was recorded as such on the tacho ?
Sitting in a queue for 5 mins would not be recorded as 5 mins driving time - would it ?
ROG:
Coffeeholic:
the wheels don’t have to be turning for it to be driving time so if you are in a queue it’s all driving time.I thought driving time for 561/2006 was only what was recorded as such on the tacho ?
Sitting in a queue for 5 mins would not be recorded as 5 mins driving time - would it ?
5 minutes wouldn’t be recorded as driving time but I meant normal stop starting such as at traffic lights, a roundabout or filtering for closed lanes.
Coffeeholic:
5 minutes wouldn’t be recorded as driving time but I meant normal stop starting such as at traffic lights, a roundabout or filtering for closed lanes.
Ah - momentary stops - point taken 
bestbooties:
This so called CPC holder would arrive on site and say he was due for a break and could not tip before he took his 45,so the warehouse staff would have to tip his load.
Ah but . . . . . . . .
Don’t forget to bear in mind what’s been done/not done previously in the day, and/or the “time thieving” element of the digital tacho.
I’ve had a double infringement notice for doing just as you describe yourself doing.
dambuster:
bestbooties:
This so called CPC holder would arrive on site and say he was due for a break and could not tip before he took his 45,so the warehouse staff would have to tip his load.Ah but . . . . . . . .
Don’t forget to bear in mind what’s been done/not done previously in the day, and/or the “time thieving” element of the digital tacho.
I’ve had a double infringement notice for doing just as you describe yourself doing.
This was while we were still on analogue tachos.
On our night trunk runs,this is a straight shift from leaving base at 02.30, to your destination,tip,run home empty,nothing could be more simple.
Until recently,I was doing Brighton for over 4 years and was only out of time once when the M40 was flooded and due to diversionsI lost 20 minutes on the run down.
Just as digi tachos were coming in,ANC as it was then,replaced all the fleet with the last of the new vehicles with analogue tachos to put off the evil day.We have over this last 12 months been replacing the fleet again and now over 50% are digi tachos.
professional driver? i wonder