Now, I may be at fault here but I have received a verbal warning and the threat of a written warning, for the following tacho offence-
I started from yard and drove for 45mins
I then took a 15min rest break
I then drove for 3hrs before stopping and taking a 30min rest break
Ithen drove for a further 3hrs before parking up and overnighting.
My TM states, ‘You drove for 6hrs with only a 30min break’, I’m under the impression, that I took a 45min (15min & 30min) break, within my first 4.5hrs of driving and therefore after the 2nd break, was entitled to start a frsh 4.5hr drive.
Am I in the wrong
If anyone can paste VOSA reg’s showing me to be right (or wrong) it would be appreciated.
After the 30 minute break you started a new period of 4.5 hours.
Give him a written warning for failing to carry out his job to the standard required. Get him to join the site, I’ll “debate” the hours rules with him.
The link you need, which shows you are 100% correct can be found on the VOSA site here
Example one shows 8 hours driving with only 17 minutes break, but it is legal.
Coffeeholic:
Your TM is a … How can I put this delicately?
A No Brained Pratt.
After the 30 minute break you started a new period of 4.5 hours.
Give him a written warning for failing to carry out his job to the standard required. Get him to join the site, I’ll “debate” the hours rules with him.
Now that would be fun …remember “ex-cop”!!
Was looking for a link to “that” specific thread…its worth another read just to see someone tie themselves up in knots over a subject…but I think its on the old, locked forums and I couldnt find a link to that…but im sure someone will!!
I do. Remember that the “discussion” with him was about whether the breaks had to be split within the 4.5 hours or if part could be taken at the end. He insisted that it couldn’t be taken at the end and I emailed VOSA to confirm my argument, that you could take part of the break at the end of the 4.5, was correct.
Well check out question number 15 in the FAQ on the VOSA site here.
A coincidence, or the power of TruckNet UK.
That question and answer was not in other versions of their FAQ.
You could make sure you do the same sort of thing this week, and when he presents you with the written warning you can refuse it on the grounds he is an idiot and produce a print out of the VOSA page. If you can do this in front of of others you will get bonus points.
You will of course have to give us the full details on here.
Muppet at Hygena who was the TM used to give me a rollocking for this at every tacho inspection usually when I’d done 4hrs driving, 1-2hrs other work then took a 45 minute break.
What made it worse was that it was a company in Scunthorpe doing the tacho analysis and flagging up the alleged errors.
I never signed a single sheet and refused FOR TWO YEARS to admit any wrong doing except the odd time the tacho reported a 44 minute break instead of a 45 minute one.
Yeah, I’m sorry mate, looked at your link and printed it off for TM next week. Going to run the same as above on Monday and then produce my tacho, when I return. When he gives me a written warning, the said evidence will be duly presented in a calm and proffessional manner by myself
on a similiar vein you know that for the next 6 hours ish you will only be driving then parking up. You may stop for a leak, have a break. Would you run with the tacho on rest or poa
I think your TM has gotten the wrong end of the stick. He’s right when he says you drove 6 hours without taking a break:
I then drove for 3hrs before stopping and taking a 30min rest break
Ithen drove for a further 3hrs before parking up and overnighting.
However, he obviously hasn’t realised that after a 45 minute break is complete, your driving ‘allowance’ - so to speak - starts again.
FAQ.15) If I split my 45 minute break into 15 minute periods, can these periods only be taken during, not after, the 4.5hr driving period?
The Regulation says that the 45 minute break may be split into 2 or 3 separate breaks of at least 15 minutes each, distributed over the driving period or immediately after this period. So, it is possible to take some or all of the break at the end of the 4.5 hour period.
I’d be asking for the verbal warning to be removed from your work record. If the TM won’t agree you are correct, then take it further up if possible. After all the it’s not only drivers who are supposed to understand the regulations.
muckles:
I’d be asking for the verbal warning to be removed from your work record.
Yes. This is important, verbal warnings despite their name are written down and remain on your record.
You must protest in writing denying any offence and include the VOSA reference. Then keep a copy yourself.
Failure to do this could make the difference in being sacked or not at some time in the future if you have a genuine transgression. It will be used against you if you do not.
muckles:
I’d be asking for the verbal warning to be removed from your work record.
Yes. This is important, verbal warnings despite their name are written down and remain on your record.
You must protest in writing denying any offence and include the VOSA reference. Then keep a copy yourself.
Failure to do this could make the difference in being sacked or not at some time in the future if you have a genuine transgression. It will be used against you if you do not.
Salut, David.
Danm, i wanted to say that although i would’ve probably fouled up putting a colour change,
Plus the amount of Muppetry being displayed by your TM , are you sure it wasnt he who rearranged the back of your ■■■■■■ i mean Transit van
Telephoned big boss today, as all the replies on here are backing me and explained situation to him. He is going to ring VOSA helpline tomorrow and seek their advice, will let you know results.
