IS THIS LEGAL ??

Hi all was wordering if this was a legal shift drive 2 hours break 50 mins drive 2 hours 26 mins break 35 mins drive 2 hours 25 mins finish for the day have been told this is an infringement and i should have taken 30 mins for my first break so as not to wipe the slate clean due to having 45 min break which sounds really stupid to me ■■

Looks ok to me…But I could be wrong…

Not legal, the law is an ■■■ :frowning:

Graeme380:
Hi all was wordering if this was a legal shift drive 2 hours break 50 mins drive 2 hours 26 mins break 35 mins drive 2 hours 25 mins finish for the day have been told this is an infringement and i should have taken 30 mins for my first break so as not to wipe the slate clean due to having 45 min break which sounds really stupid to me ■■

It is an infringement.

Your 50 minutes wiped the slate clean. Your ■■■■■■■■■■ driving time for the latter part of the duty is 4h 51 minutes. You had a 35 min break which only counts as the first. You needed a second break of at least 30 mins after you got to 4.5 hours before you did the last 21 mins of the drive.

Your gone over your driving hours by 21 mins.
you wiped the slate clean by having a 50min break after 2 hours driving, you then drove for 4hr 51m and only had a 35min break

Graeme380:
Hi all was wordering if this was a legal shift drive 2 hours break 50 mins drive 2 hours 26 mins break 35 mins drive 2 hours 25 mins finish for the day have been told this is an infringement and i should have taken 30 mins for my first break so as not to wipe the slate clean due to having 45 min break which sounds really stupid to me ■■

No it’s not legal.

If you had parked up 10 minutes longer in the second break you would have wiped the slate clean, no you accumulated hours, the first break only cleaned the first driving period.

What they said!

Deepinvet:
Looks ok to me…But I could be wrong…

Yup, you are!

Graeme380:
Hi all was wordering if this was a legal shift drive 2 hours break 50 mins drive 2 hours 26 mins break 35 mins drive 2 hours 25 mins finish for the day have been told this is an infringement and i should have taken 30 mins for my first break so as not to wipe the slate clean due to having 45 min break which sounds really stupid to me ■■

As already said it’s illegal because you’ve driven for a total of 4 hours 51 minutes with only a 35 minute break.

If you had taken a break of at least 15 minutes but less than 45 minutes for the first break you would have been legal as the second break of 35 minutes would then have reset the driving time leaving you to do the last 2 hours 25 minutes driving legally.

No offence intended mate but I think you should spend some time studying and familiarising yourself with the the regulations on driving time/breaks or you’re going to get into all kinds of trouble :wink:

Graeme380:
Hi all was wordering if this was a legal shift drive 2 hours break 50 mins drive 2 hours 26 mins break 35 mins drive 2 hours 25 mins finish for the day have been told this is an infringement and i should have taken 30 mins for my first break so as not to wipe the slate clean due to having 45 min break which sounds really stupid to me ■■

This is that silly situation which I mentioned before - because of the RESET rule a driver can be easily caught out but if they took LESS break then they are OK

Not legal
drive 2 hours
break 50 mins
drive 2 hours 26 mins
break 35 mins
drive 2 hours 25 mins

Legal
drive 2 hours
break 44 mins
drive 2 hours 26 mins
break 35 mins
drive 2 hours 25 mins

you could not make this up !!

Wonder if hes got the jist of hes got it wrong…? :smiley:

Echo Echo Echo Echo…?

its fine,just do a printoout and put DROVE OVER 4.5 HRS DUE TO MAJOR ACCIDENT,PULLED IN AT FIRST AVALIABLE SAFE PARKING.
its then not classed as a infringement according to our driver trainer,just carry it with you if you get pulled,covers your ■■■

ady1:
its fine,just do a printoout and put DROVE OVER 4.5 HRS DUE TO MAJOR ACCIDENT,PULLED IN AT FIRST AVALIABLE SAFE PARKING.
its then not classed as a infringement according to our driver trainer,just carry it with you if you get pulled,covers your ■■■

It occurs to me that you could easily be caught out doing that,you would only need to compare the speed trace to the driving time,if you were genuinely held up there would be evidence of low speed stop and start driving otherwise you’d be caught out in a lie.

Sure i knew that having a 45 wipes the slate clean i just assumed that the at least 15 min then 30 meant that 50 mins was at least 15 and 35 was at least 30 so it would count as a split break and the slate would be cleared again have to watch that one in future have done it before a few times and never heard a peep.

Graeme380:
Sure i knew that having a 45 wipes the slate clean i just assumed that the at least 15 min then 30 meant that 50 mins was at least 15 and 35 was at least 30 so it would count as a split break and the slate would be cleared again have to watch that one in future have done it before a few times and never heard a peep.

I can see where you’re coming from but it doesn’t work quite like that I’m afraid.

As you now know any break of 45 or more minutes will not and can not be counted as part of a split break, if it’s 45 or more minutes then it resets the driving time :wink:

If the first break had been 44 minutes or less it would have been part of a split break but as it’s 45 or more minutes it has to be counted as a full break and your driving time is reset.

Good luck.

ady1:
its fine,just do a printoout and put DROVE OVER 4.5 HRS DUE TO MAJOR ACCIDENT,PULLED IN AT FIRST AVALIABLE SAFE PARKING.
its then not classed as a infringement according to our driver trainer,just carry it with you if you get pulled,covers your ■■■

We used to have a bit similar clause when drivin in Scandinavia, just wrote some code to the back of your paper tacho after your shift, it meant that you had a kind of load that had to be on safe parking place for example harbour. Dunno how often could you use it and never was caught using it, in the occasions I wrote it was when you we’re runnin out of hours late evenin about 1-2,5hrs away from harbour and you had a next mornin ferry.