Is this legal

Hi Everyone,
One of our night trunk runs is to Scotland from Manchester and one particular driver works it like this.
On starting his shift at 19:30 he puts his digi card in and immediately drives around the depot three times accumulating a couple of minutes driving time, couples up to his trailer, then puts it on break for 15 minutes.
At 20:00 he then sets off on a 4hr 20min drive to Scotland were on arrival at the depot immediately puts it on break for 30 mins then sets off back on another 4hr 20min drive!
At the end of his shift he has driven a total of 8hrs 40mins with just a 30 min break.
All that to get home 15mins early!!
Surely this cant be right when i do the run every 5th week i take a 50 min break up in Scotland as its a long drive non stop and i think you need a proper break before the return journey.
Have never heard of anyone putting their tacho on break after been on duty for just four minutes.
Will throw it open to everyone and would be very interested to see all your comments below.
Regards Paul

moomooland:
Have never heard of anyone putting their tacho on break after been on duty for just four minutes.

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More common than you think and apparently one of the reasons behind the recent change regarding splitting breaks.

Pretty sure I read a very similar story on here a while back and it turned out to be legal, I wouldn’t want to do it though. I used to do a run down to southampton that was about the same driving time (4h15) and always stopped just after being tipped for a 45 because, as you say, it’s a long old drive to be going without.

It is legal and as Harry Monk said was why the break requirement was changed to make the second part of a split break at least 30 minutes, before the change in the split break rules it used to be possible to do 8 hours 59 minutes driving with only a 15 minute break :open_mouth:

as tachograph has said its legal, but IIRC one of the vosa bods on here said it would be hard to justify at the road side.

And certainly not legal if you did any type of work while it was set to rest, such as daily checks etc.

Cruise Control:
as tachograph has said its legal, but IIRC one of the vosa bods on here said it would be hard to justify at the road side.

But you wouldn’t have to justify it, it’s legal so nothing they can do about it.

Coffeeholic:

Cruise Control:
as tachograph has said its legal, but IIRC one of the vosa bods on here said it would be hard to justify at the road side.

But you wouldn’t have to justify it, it’s legal so nothing they can do about it.

Neil, i was just simply saying what geebee45 said on here a while back in reference to it. they might not like it but its legal.

tachograph:
It is legal and as Harry Monk said was why the break requirement was changed to make the second part of a split break at least 30 minutes, before the change in the split break rules it used to be possible to do 8 hours 59 minutes driving with only a 15 minute break :open_mouth:

But there was a time when the British interpretation of the break regs did’nt allow for the ‘slate to be wiped clean’ at any point by small breaks spread across the total driving time.If you did 8 hours 59 minutes driving with just a 15 minute break you would have got done under that interpretation for going over 4 hours 30 without taking 45 minutes break.As I can remember it,that interpretation of the regs changed after the MOT lost a case,when a driver decided to make fight of it after prosecution,on the grounds that they were interpreting the regs wrongly.I reckon,for once,the MOT actually got it right and it’s the rest of Europe that was taking the zb.The result is what the OP is now finding out.When I was doing night trunking I stuck to the old regs and always made sure that I had at least 45 minutes off in the middle of my shift.

Perfectly legal since the 561/2006 regulation was brought in.

(16) It has proved possible under the rules of Regulation (EEC)
No 3820/85 to schedule daily driving periods and breaks
to enable a driver to drive for too long without a full
break, leading to reduced road safety and a deterioration
in the driver’s working conditions. It is therefore
appropriate to ensure that split breaks are so ordered
as to prevent abuse.

(17) This Regulation aims to improve social conditions for
employees who are covered by it, as well as to improve
general road safety. It does so mainly by means of the
provisions pertaining to maximum driving times per day,
per week and per period of two consecutive weeks, the
provision which obliges drivers to take a regular weekly
rest period at least once per two consecutive weeks and
the provisions which prescribe that under no circumstances
should a daily rest period be less than an
uninterrupted period of nine hours. Since those provisions
guarantee adequate rest, and also taking into
account experience with enforcement practices during
the past years, a system of compensation for reduced
daily rest periods is no longer necessary.

With our dear old friend 3820/85 it was perfectly legal to leave the yard and drive for 30 minutes to meet your mates in a cafe, have a natter and a proper fry up for 30 minutes, drive for 4 hours, stop for a cuppa and a crap for 15 minutes. You were then quite legal to drive another 4.30 hours which made eight and half hours driving with only quarter of an hour break :laughing:

The proper lorryist days

On the same theme:

If I worked 3 hours and then took a 2 hour break, could I use the last 15 mins of that break as the first 15 mins of a second 45 min break? (so that I could do 10hrs driving), or would it be necessary to have done some driving to split the break? (ie drive round the yard).

BTW: In the OP I don’t see how the driver “saved” any time. He still had 45 mins break - whether he took it at the yard or at his destination

Deleted

Santa:
On the same theme:

If I worked 3 hours and then took a 2 hour break, could I use the last 15 mins of that break as the first 15 mins of a second 45 min break? (so that I could do 10hrs driving), or would it be necessary to have done some driving to split the break? (ie drive round the yard).

No because I would say that would mean you were driving 7 hours with only 30 minutes break

Santa:
If I worked 3 hours and then took a 2 hour break, could I use the last 15 mins of that break as the first 15 mins of a second 45 min break? (so that I could do 10hrs driving), or would it be necessary to have done some driving to split the break? (ie drive round the yard).

The break has to be spread over the driving time so the answer has to be no.

Something I find strange is this.

Scenario 1) I drive for one hour and have a 15 minute break. I drive for three more hours and take a 30 minute break.

I can now drive 4.5 hours without taking a further break.

Scenario 2) I drive for one hour and take a 45 minute break. I drive for 3 more hours and take a 30 minute break.

I cannot now drive 4.5 hours since my driving period started anew at the end of my 45 minute break. I need to take a 30 minute break (since my 30 minute break can only be counted as 15 minutes as it is the first break on the new driving period) before another 1.5 hours of driving.

So I need to take more break in the afternoon because I took a longer break in the morning.

Or have I mis-interpreted it?

Wheel Nut:

Santa:
On the same theme:

If I worked 3 hours and then took a 2 hour break, could I use the last 15 mins of that break as the first 15 mins of a second 45 min break? (so that I could do 10hrs driving), or would it be necessary to have done some driving to split the break? (ie drive round the yard).

No because I would say that would mean you were driving 7 hours with only 30 minutes break

In the proper lorryist days which I can remember a 10 hour driving shift would only need two 45 minute breaks spread over the total driving time in a way that you could’nt count more than 4.5 hours of driving anywhere without having taken 45 minutes off.Simples.But 7 hours with ‘only’ 30 minutes break must be better than 8.5 hours + with ‘only’ 15 minutes break :laughing:

amazing,youve got every firm moaning about cost of fuel,monitoring drivers fuel,fuel bonuses and this firm allows there driver to drive round the yard 3 times before he starts his trunk :exclamation: :exclamation: :exclamation: :exclamation: ,doesnt anyone say anything to him about hisn obvious wasting of fuel :question:

Cruise Control:

Coffeeholic:

Cruise Control:
as tachograph has said its legal, but IIRC one of the vosa bods on here said it would be hard to justify at the road side.

But you wouldn’t have to justify it, it’s legal so nothing they can do about it.

Neil, i was just simply saying what geebee45 said on here a while back in reference to it. they might not like it but its legal.

What can they say, If the law says its legal then its legal regardless of what the Vostapo gimp may think.

B1 GGK:
What can they say, If the law says its legal then its legal regardless of what the Vostapo gimp may think.

Well yes, although VOSA might then be tempted to see if the haulier concerned sails close to the wind in other areas if they feel that this is encouraged by them, it may comply with the letter of the law but it doesn’t comply with the spirit of it and that might get them going.

Harry Monk:

B1 GGK:
What can they say, If the law says its legal then its legal regardless of what the Vostapo gimp may think.

Well yes, although VOSA might then be tempted to see if the haulier concerned sails close to the wind in other areas if they feel that this is encouraged by them, it may comply with the letter of the law but it doesn’t comply with the spirit of it and that might get them going.

Would that be the same ‘spirit’ of the law which should mean that trucks doing uk only work should have their limiters set at least at 60 mph. :question: