On break whilst on a bay

Without lorrydrivers facebook are having a “discussion” about it is wrong to have a break whilst being tipped.
Along with quotes such as “you must be free to do your own thing” and “being in control of vehicle” and talks of tea rooms and canteens?? WTF no canteen in a deserted layby some time!

Wish people would read Rules and Regs properly…

Mind you have to laugh at some of the comments :stuck_out_tongue:

My favourite comment is -

Gary Maher
Taking a break whilst the vehicle is under operation is forbidden, even if the vehicle is on a bay being tipped by warehouse staff.

To get round this, trailer must be DROPPED on said bay and hooked back up on completion of break/POA/tip.

Any driver/company operating in a different manner than the above IS BREAKING THE LAW

Where on earth do these people get this ■■■■■■■■ from?

Written whilst lying on bed while truck is loaded with tacho on break.

Post a link to this rubbish,
I’m currently on holiday at home and I need some alternative kind of entertainment :laughing: :laughing: :laughing:

This is a subject that is currently causing problems at a company I work for. Some drivers are up in arms because I have issued a memo to tell them that breaks will be recorded whilst vehicles are tipped (as long as they aren’t involved in the work etc).

The principal problem appears to be at Tesco DCs where drivers are convinced because they are told to wait in a room they are not “free to dispose of their time” etc. There are other places where drivers tell us they have to tip the vehicle, but the customer tells us they just sit in their cabs or the canteen. I have even had the “It’s illegal to have a break where there isn’t a hot meal available” etc etc I’ve had the “I had to put it on POA because they were unloading the vehicle” He was just sitting in the cab at the time.

Anyway - One of the drivers is booked onto a Driver CPC course I am running which just happens to be covering EU Regs and it seems he is looking forward to having a discussion about the break issues as well as other things that the company is wrong about.

I find it very amusing to see the way some drivers have interpreted and embellished the rules and I am sure some are convinced the EU would actually write things such as

To record a break the driver must;

  1. Have access to hot water in sufficient quantity to fill an average flask
  2. Have access to warm food (must be at least 2 vegetarian options)
  3. Not be within 2.7 metres of the vehicle steering wheel
  4. Not be spoken to, looked at or even mentioned in a conversation or he will need to restart the full break
  5. Ensure noise levels are kept below 2.3 decibels otherwise POA must be recorded
  6. Ensure a break is not interrupted at any point. If a break is interrupted the driver must take a DOUBLE back to back break
    etc etc

Of course it is ok, I used to do it when I first started on the Containers, I always had it on rest when they was unloading the truck regardless, nowadays I would still have it on rest and not POA, as I am resting whilst they unload soon as they have finished unloading I am available for work again!

shep532:
This is a subject that is currently causing problems at a company I work for. Some drivers are up in arms because I have issued a memo to tell them that breaks will be recorded whilst vehicles are tipped (as long as they aren’t involved in the work etc).

The principal problem appears to be at Tesco DCs where drivers are convinced because they are told to wait in a room they are not “free to dispose of their time” etc. There are other places where drivers tell us they have to tip the vehicle, but the customer tells us they just sit in their cabs or the canteen. I have even had the “It’s illegal to have a break where there isn’t a hot meal available” etc etc I’ve had the “I had to put it on POA because they were unloading the vehicle” He was just sitting in the cab at the time.

Anyway - One of the drivers is booked onto a Driver CPC course I am running which just happens to be covering EU Regs and it seems he is looking forward to having a discussion about the break issues as well as other things that the company is wrong about.

I find it very amusing to see the way some drivers have interpreted and embellished the rules and I am sure some are convinced the EU would actually write things such as

To record a break the driver must;

  1. Have access to hot water in sufficient quantity to fill an average flask
  2. Have access to warm food (must be at least 2 vegetarian options)
  3. Not be within 2.7 metres of the vehicle steering wheel
  4. Not be spoken to, looked at or even mentioned in a conversation or he will need to restart the full break
  5. Ensure noise levels are kept below 2.3 decibels otherwise POA must be recorded
  6. Ensure a break is not interrupted at any point. If a break is interrupted the driver must take a DOUBLE back to back break
    etc etc

Dont forget the pink chalk

shep532:
This is a subject that is currently causing problems at a company I work for. Some drivers are up in arms because I have issued a memo to tell them that breaks will be recorded whilst vehicles are tipped (as long as they aren’t involved in the work etc).

The principal problem appears to be at Tesco DCs where drivers are convinced because they are told to wait in a room they are not “free to dispose of their time” etc. There are other places where drivers tell us they have to tip the vehicle, but the customer tells us they just sit in their cabs or the canteen. I have even had the “It’s illegal to have a break where there isn’t a hot meal available” etc etc I’ve had the “I had to put it on POA because they were unloading the vehicle” He was just sitting in the cab at the time.

Anyway - One of the drivers is booked onto a Driver CPC course I am running which just happens to be covering EU Regs and it seems he is looking forward to having a discussion about the break issues as well as other things that the company is wrong about.

I find it very amusing to see the way some drivers have interpreted and embellished the rules and I am sure some are convinced the EU would actually write things such as

To record a break the driver must;

  1. Have access to hot water in sufficient quantity to fill an average flask
  2. Have access to warm food (must be at least 2 vegetarian options)
  3. Not be within 2.7 metres of the vehicle steering wheel
  4. Not be spoken to, looked at or even mentioned in a conversation or he will need to restart the full break
  5. Ensure noise levels are kept below 2.3 decibels otherwise POA must be recorded
  6. Ensure a break is not interrupted at any point. If a break is interrupted the driver must take a DOUBLE back to back break
    etc etc

I’d be up in arms too. I would gladly take a break while on a bay being tipped so long as I could sit in my cab. My food, flask and comforts etc are all in there for me. But sat in an RDC waiting room, no chance will I put the tacho on break.

pierrot 14:
Post a link to this rubbish,
I’m currently on holiday at home and I need some alternative kind of entertainment :laughing: :laughing: :laughing:

facebook.com/photo.php?fbid= … =1&theater

Or unless it suited me to get back to the yard and home! Let’s tell the Tesco RDC story! I hate Tesco having any kind of control over me on their sites! This is why I have asked for a card to use their canteen when it is open and take a wander out the gate to the carpark or smoking area!
We just don’t want the upstarts that are managers or desk jockeys having a say and holding us prisoner! :laughing:

If I’m being tipped and I’m not doing the tipping it goes on break. If its a self tip(aldi,lidl etc) it goes on other work. Simples!.

I think some drivers enjoy being difficult.

Rob

damoq:

shep532:
This is a subject that is currently causing problems at a company I work for. Some drivers are up in arms because I have issued a memo to tell them that breaks will be recorded whilst vehicles are tipped (as long as they aren’t involved in the work etc).

The principal problem appears to be at Tesco DCs where drivers are convinced because they are told to wait in a room they are not “free to dispose of their time” etc. There are other places where drivers tell us they have to tip the vehicle, but the customer tells us they just sit in their cabs or the canteen. I have even had the “It’s illegal to have a break where there isn’t a hot meal available” etc etc I’ve had the “I had to put it on POA because they were unloading the vehicle” He was just sitting in the cab at the time.

Anyway - One of the drivers is booked onto a Driver CPC course I am running which just happens to be covering EU Regs and it seems he is looking forward to having a discussion about the break issues as well as other things that the company is wrong about.

I find it very amusing to see the way some drivers have interpreted and embellished the rules and I am sure some are convinced the EU would actually write things such as

To record a break the driver must;

  1. Have access to hot water in sufficient quantity to fill an average flask
  2. Have access to warm food (must be at least 2 vegetarian options)
  3. Not be within 2.7 metres of the vehicle steering wheel
  4. Not be spoken to, looked at or even mentioned in a conversation or he will need to restart the full break
  5. Ensure noise levels are kept below 2.3 decibels otherwise POA must be recorded
  6. Ensure a break is not interrupted at any point. If a break is interrupted the driver must take a DOUBLE back to back break
    etc etc

I’d be up in arms too. I would gladly take a break while on a bay being tipped so long as I could sit in my cab. My food, flask and comforts etc are all in there for me. But sat in an RDC waiting room, no chance will I put the tacho on break.

I can completely see your point but … all this particular company are saying is that you CAN record a break sat at an RDC etc and that it might just help the company if you do. The company understands that at that particular time you may not be ready for your lunch/breakfast/brew etc and may not have the appropriate items with you but you CAN still record a break. Once you leave those premises then by all means stop somewhere suitable and take a ‘sensible’ time for your food/brew break.

What the company don’t want to see is 2 or 3 hours sitting at an RDC recording work whilst sitting around reading the paper, then stop 20 minutes down the road for an hour to have a break. It’s about being reasonable. Nobody is being asked to break the law or do anything unreasonable. Unfortunately a good few drivers are being unreasonable and each time it costs the company money, which reduces profit. No profit - why bother doing it or maybe lets make another 2 or 3 redundant because this contract just isn’t profitable. Haulage companies are currently operating in terrible economic conditions working on minimal profit most of the time.

Two weeks ago I saw a driver record a 40 minute POA then 30 minutes later he stopped for a 54 minute break. When asked about it, the 40 minutes was sitting in a layby having a brew (I knew where he was from the tracker) - but he knew it wasn’t going to last 45 minutes so he couldn’t record break. Apparently you must know how long a break is going to be in advance and he didn’t know how long it would be, but did know it wouldn’t be long enough so he had to record POA :confused: :confused: :confused:

Sadly he then reached the point where he wouldn’t make it back to the yard because he had to take his daily rest therefore costing the company a night out payment. Had he made the 40 min POA a break of 45 minutes … he’d have probably got back to the yard. This is just one example of taking the ■■■■ with regard to breaks :wink:

I could go on all day with various examples but of course I’m a little bit baised :wink:

Stricko:
I think some drivers enjoy being difficult.

REALLY! :smiley: Well I never …

shep532:
This is a subject that is currently causing problems at a company I work for. Some drivers are up in arms because I have issued a memo to tell them that breaks will be recorded whilst vehicles are tipped (as long as they aren’t involved in the work etc).

I can’t see the problem with this. :confused:

shep532:
The principal problem appears to be at Tesco DCs where drivers are convinced because they are told to wait in a room they are not “free to dispose of their time” etc.

This one is in the top 10 MMTM myths, simply because people don’t read what’s in plain view.

From GV262(3)
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.

Which is different to this…

From GV262(3)
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.

IMHO, confusion arises when people start using the words “break” and “rest” interchangeably and without regard to their meanings.

“BREAK” and “REST” are two completely different concepts.

it sounds to me like some people like dragging a job out and are happy to let the other guys pick up the slack and the boss is sick off it if your sat on a bay for a few hrs being tipped / loaded on poa and then pull out and have a 45 then your just taking the ■■■■ to be honest

That page is like a fountain of ■■■■■

My Personal opinion, because of todays rules and regs, drivers only getting paid whilst working, hourly paid etc etc. its messed up the whole thing.
I would rather get a flat rate including nights out what I was happy with and then get as much work done as possible in that time, that is on tramping of course.
on days maybe also a flat rate, if you take a break on a bay whilst offloading, you get back to the yard quicker and go home, rather than on Other work and then sitting in a layby down the road and getting back to the yard later for the same money.

Its obvious if you get paid hourly as a truck driver these arguments are always going to come up with drivers and TM’s. I must say I cannot see how hourly paid and truck driving go hand in hand very well, this of course is my view only and is probably out of date, but then I am 134 yrs old.

shep532:

Stricko:
I think some drivers enjoy being difficult.

REALLY! :smiley: Well I never …

But there is no point in being like that. As I wrote earlier, it doesn’t matter where I am, if I’m not doing anything it goes on break.

I can’t believe the BS that some drivers come out with. Hot meals, hot water, no one working in the trailer while they have a break etc etc. In this climate these drivers should be thankful they have jobs!!.

Rob

JLS Driver SOS:
My Personal opinion, because of todays rules and regs, drivers only getting paid whilst working, hourly paid etc etc. its messed up the whole thing.
I would rather get a flat rate including nights out what I was happy with and then get as much work done as possible in that time, that is on tramping of course.
on days maybe also a flat rate, if you take a break on a bay whilst offloading, you get back to the yard quicker and go home, rather than on Other work and then sitting in a layby down the road and getting back to the yard later for the same money.

Its obvious if you get paid hourly as a truck driver these arguments are always going to come up with drivers and TM’s. I must say I cannot see how hourly paid and truck driving go hand in hand very well, this of course is my view only and is probably out of date, but then I am 134 yrs old.

I delivered DCPC training to about 8 drivers from a company that paid them on a fixed rate deal. Half of them worked hard and got as much as possible done and if it meant a bit of extra effort and time then that’s what they did. They felt they earned enough to warrant the extra work when needed.

The other half had a ■■■■ it attitude and did as little as possible and would not go out of their way for the company. They laughed at the other guys that worked harder than them. I reckon if you gave them hourly pay it might be a different matter!

But yes I see your point. Pay a driver an hurly rate and it is in his interest to make the job last longer in order to earn more. Conflict will always arise when the company wants to pay as little as possible.

As long as I’m not expected to unload the wagon and its not early enough in the shift to require a second break, tacho goes on break for the first 45 mins then OW unless I know how long I’m going be there, in which case its POA.

If (and this is the bit a lot of office/warehouse and depot staff can’t get) I have to move before a 45 break is complete, even if its 44 mins, then it only counts as a 15, I just stop somewhere before the tacho reaches 4hrs 30 and take the remaining 30.

I am glad I am not a member of that facebook discussion group, although my alter ego may be :wink: