If your employer tells you that when you get to your destination you should put on poa for 2hrs as that’s when your load is ready should you do it and extend your Nightshift by 2hrs taking you to 12.45hr shift?
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spenno39:
If your employer tells you that when you get to your destination you should put on poa for 2hrs as that’s when your load is ready should you do it and extend your Nightshift by 2hrs taking you to 12.45hr shift?Sent from my VFD 710 using Tapatalk
YOU the driver choose what to record not the employer
As the driver your remit is to record what you are doing at the time so if doing nothing and knowing the time you will be waiting then break or POA will be the correct record
If i had 2 hours before my loading time…i would stop en route at the services…and put it on break whilst i had one. 
spenno39:
If your employer tells you that when you get to your destination you should put on poa for 2hrs as that’s when your load is ready should you do it and extend your Nightshift by 2hrs taking you to 12.45hr shift?Sent from my VFD 710 using Tapatalk
What mode you’re in makes no difference. Its legal to do a 12.45hr shift. The only reason I can think for them wanting you to use PoA is if your company hasn’t got an opt-out in place for the 10hr night shift limit and to be honest I’d be surprised if that was the case.
Just put it on break.
As Rog has said, POA in a case like this is perfectly legal and acceptable, because the delay is known to you in advance.
The reason may well be that your employer observes the WTD regulations and wishes to keep your logged working hours down, though this should not affect your paid hours in theory since you are actually “on the job” and not waiting at home or suchlike.
Note; if you use POA do remember to make a note of when you need to take a break because of driving hours, some dashboard displays think POA is break and reset driving hours to zero after 45 minutes of POA. Get one of those driver timer devices or make a note on a bit of paper so you don’t get caught out.
truckyboy:
If i had 2 hours before my loading time…i would stop en route at the services…and put it on break whilst i had one.
Dam right [emoji1360]
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What’s POA? Never use it, never have used it. If the truck is stopped for two hours it goes on break. The reason, you’re never going to get done for taking too many breaks. Why complicate it all with POA?
So ROG,
If you turn up somewhere like an RDC and your told to park in a holding area while a bay comes available but you aren’t told how long that could be, am I wrong putting it on break or POA as I don’t know what the wait will be, even though I can make a reasonable assumption?
If I turn up to a smaller place and there is a truck already in and they tell me once this one is done then you come in, but I don’t know how long that will be, although I can make a reasonable assumption from experience am I again wrong to then put it on POA or break there?
Rowley010:
So ROG,If you turn up somewhere like an RDC and your told to park in a holding area while a bay comes available but you aren’t told how long that could be, am I wrong putting it on break or POA as I don’t know what the wait will be, even though I can make a reasonable assumption?
If I turn up to a smaller place and there is a truck already in and they tell me once this one is done then you come in, but I don’t know how long that will be, although I can make a reasonable assumption from experience am I again wrong to then put it on POA or break there?
My interpretation would be if I were waiting at an rdc holding area (without a known time for a bay) it would be on break (on the bunk having a kip and doing no work) or other work if waiting for the bay. As long as you are not doing anything work related you can use break for as little or long as you want.
If I were waiting for a truck to finish I would ask the driver politely how long he would be. I would use that as my basis of whether to select break, poa or other work.
Rowley010:
If you turn up somewhere like an RDC and your told to park in a holding area while a bay comes available but you aren’t told how long that could be, am I wrong putting it on break or POA as I don’t know what the wait will be, even though I can make a reasonable assumption?If I turn up to a smaller place and there is a truck already in and they tell me once this one is done then you come in, but I don’t know how long that will be, although I can make a reasonable assumption from experience am I again wrong to then put it on POA or break there?
In order to use POA you don’t need to know exactly how long you’ll be waiting, if from previous experience you can make a reasonable estimate how long you’ll be waiting you can legally use POA, though personally I’d still use break, but that’s just my preference.
If you’re just making a wild guess based on nothing more than how long the first lorry in the queue took to get loaded/unloaded you cannot legally use POA, an estimate has to be based on more than just a guess.
Rowley010:
So ROG,If you turn up somewhere like an RDC and your told to park in a holding area while a bay comes available but you aren’t told how long that could be, am I wrong putting it on break or POA as I don’t know what the wait will be, even though I can make a reasonable assumption?
If I turn up to a smaller place and there is a truck already in and they tell me once this one is done then you come in, but I don’t know how long that will be, although I can make a reasonable assumption from experience am I again wrong to then put it on POA or break there?
Surely, as a driver, you would say is there a rough estimate to the unload … then set accordingly, if you can nick a 15 or 45 whilst waiting is good for you and the employer… if they say look drive, it’s going to be an hour or so, then put it on break …
Depends on the reason for POA, and no i don’t mean the legal definition.
Is it in your interests to use POA, if you are paid hourly for all hours at work whatever mode the spyware is on, or more importantly paid for all hours not logged as break, then yes arguably POA could be of benefit to you.
If however you were on a salary, based on a 48 hour week but your boss is trying his best to get 60 hours work out of you so 12 hours for free, then no POA in this example would be in his interests not yours.
Work the system.
Juddian:
Depends on the reason for POA, and no i don’t mean the legal definition.Is it in your interests to use POA, if you are paid hourly for all hours at work whatever mode the spyware is on, or more importantly paid for all hours not logged as break, then yes arguably POA could be of benefit to you.
If however you were on a salary, based on a 48 hour week but your boss is trying his best to get 60 hours work out of you so 12 hours for free, then no POA in this example would be in his interests not yours.Work the system.
When the Working Time Directive was introduced through Directive 2002/15/EC in April 2005, Article 3(b) of this directive states that periods of availability shall mean:
“Periods other than those relating to break times and rest times during which the mobile worker is not required to remain at his workstation, but must be available to answer any calls to start or resume driving, or to carry out other work. In particular, such periods of availability shall include periods during which the mobile worker is accompanying a vehicle being transported by ferryboat or by train, as well as periods of waiting at frontiers/RDCs, and those due to traffic prohibitions.
These periods and their foreseeable duration shall be known in advance by the mobile worker, that is to say either before departure or just before the actual start of the period."
As I see it you should be paid for it, regardless of whether you’re paid hourly or salaried. It has been put into place to reduce your overall working hours and conform so you work an average of 48/60 hours over a given reference period (I can’t remember how many weeks the reference period should be, someone will undoubtedly know!).
I get what you mean. Me, I always use break, I never use POA. However, I know of some employers, after analysing the tachograph, pay for only “other work” and “driving” periods. It depends largely on your employer and the type of work you do. If you’re working 60+ hours a week, week in, week out, and you’re constantly chasing your tail then it is in your, and your employer’s, best interests to use POA. If you have a job like mine, where you’re sitting around for long periods, I find it best to use break. Each to their own??
lumpygreenpoo:
What’s POA? Never use it, never have used it. If the truck is stopped for two hours it goes on break. The reason, you’re never going to get done for taking too many breaks. Why complicate it all with POA?
Agreed.