You “Accumulated” 5hrs 20 mins driving in your shift irrespective of WTD breaks that you also required and therefore you exceeded your driving hours and should our friends at VOSA have stopped you before you finished your shift you might have been looking at a warning or even a prosecution.
Just because “something came up” is not an acceptable reason to run over your time unless it was a genuine emergency.
As for “breaks” it is right what has been said a “break” is when YOU can do what you want and “are not under the jurisdiction” of your employer at any time.
NEJ:
As for “breaks” it is right what has been said a “break” is when YOU can do what you want
Not true, that is rest not break. Rest is an uninterrupted period where a driver may freely dispose of his time while a break is simply a period where no driving or other work is performed and is used exclusively for recuperation. This is one of the most widely held misconceptions about the tacho rules among drivers. For instance you often hear drivers wrongly claiming you can’t use time spent waiting to be tipped at an RDC as break because you are not free to dispose of your time and they then pull outside and take a break.
I have always been under the what appears to be wrong idea that a “break” is when you take a break from you duties such as 45 mins and as was always said in them thar dark old days of yore a “break” meant you were “not under your employers jurisdiction or instructions” i.e. you were free to do what you wanted!
NEJ:
I have always been under the what appears to be wrong idea that a “break” is when you take a break from you duties such as 45 mins and as was always said in them thar dark old days of yore a “break” meant you were “not under your employers jurisdiction or instructions” i.e. you were free to do what you wanted!
As said a break is just a period of time for recuperation, and a rest is when you can freely dispose of your time.
A break is any period during which a driver may not carry out any driving or any other work and which is used exclusively for recuperation. A break may be taken in a moving vehicle, provided no
other work is undertaken.
Page 16 Rest:
A rest is an uninterrupted period where a driver may freely dispose of his time. Time spent working in
other employment or under obligation or instruction, regardless of the occupation type, cannot be
counted as rest, including work where you are self-employed.
NEJ:
as was always said in them thar dark old days of yore a “break” meant you were “not under your employers jurisdiction or instructions” i.e. you were free to do what you wanted!
The simple fact you can legally take a break in a moving vehicle while double manned, while you would indeed be under your employers jurisdiction and instruction and are not really free to do as you want, shows that theory to be wrong.
Kenny1975: Got tachograph analisis in the post today.
One infringement
2345 -2355 - other work - starting shift filling in crap
2355 - 0050 - POA - sitting waiting been told nothing happening till 1am
0050 - 0120 - other work - checking out truck, paper work etc…
0120 - 0400 - Driving - 2hrs 40mins
0400 - 0420 - Other work, unloading truck, then tail lift breaks
0420 - 0600 - POA been told to stay where i am, someone out to fix it at 6am
0600 - 0625 - Other work tail lfit sorted and finish delivery
0625 - 0700 - Driving 35mins
0700 - 0740 - Other work delviery
0740 - 0950 - Driving 2hrs 10mins
0950 - 1010 - Other work, finshing paper work handing in keys etc…
Totals
Other work - 2hrs 5mins
Driving - 5hrs 25mins
POA - 2hrs 35mins
The tachograph analisis people are saying i drove 5hrs 25mins without taking a break. Even though i have 1hr 40mins POA. I would usually also take a break but that morning had stuff to do when i got back so never bothered.
Are they right or as i suspect they are wrong.
Been given something to sign to acknowledge the infringement, but i dont want to acknowledge it if its not correct because i work for an agency on a long term contract. Every month tachograph infrigements are counted up and agency with best record gets first priority work wise on top of that drivers also get first priority depending on amount of infringements.
how can you be resting .when you aredoing somthing with your free time.if you are doing somthing you can not be resting who was the nit who thought of poa
NEJ:
As for “breaks” it is right what has been said a “break” is when YOU can do what you want
Not true, that is rest not break. Rest is an uninterrupted period where a driver may freely dispose of his time while a break is simply a period where no driving or other work is performed and is used exclusively for recuperation. This is one of the most widely held misconceptions about the tacho rules among drivers. For instance you often hear drivers wrongly claiming you can’t use time spent waiting to be tipped at an RDC as break because you are not free to dispose of your time and they then pull outside and take a break.
That goes along with the train and drivers taking a 45 either before or after using it. I just take long enough to get a buttie from Mr’s Mingings snack bar
Absolute flaming nightmare trying to drive / change gear / answer phone from boss / drink out of mug / and steer wagon all at once as I need 6 hands to do this so have decided to stop for recuperation times and sod the phone and everything else as am fed up of having hot drinks spilled in the lap and asking “Matron” to rub lotion on to “affected” tackle
It,s cos she has rough hands like a brickies hands and she ain,t good at being gentle
