go on here clearly says freely dispose of your time in the same way as break. if Im reading it wrong please let me know. thanks
That article is a bit misleading in my opinion.
Nowhere in the regulations does it say that you should be able to freely dispose of your time for it to count as POA, certainly you have to have some freedom in as much as you should not be working so should be able to recuperate.
Even the original EU directive states quite clearly that sitting in the passenger seat next to the drive can count as POA and in fact that’s exactly how a digital tachograph records the time a second drivers card is in slot 2.
How does this bode with being able to freely dispose of your time as in a rest period when you can’t so much as get out and stretch your legs let alone do anything else.
To be fare the article you’ve quoted does not say that you should be able to freely dispose of your time whilst on POA, it says that you should have “a certain amount of freedom in much the same way that a break or rest period is taken”, the only freedom required for a break is the freedom to spend the time solely for recuperations.
For POA you should not be doing any work and should be able to leave the cab but that’s about all the freedom you need for the time to count as POA
go on here clearly says freely dispose of your time in the same way as break. if Im reading it wrong please let me know. thanks
I think you have read your link right Danny.
I would be reluctant to trust the above interpretation. As Coffee used to say, the critria for break is much less than POA so it makes sense to select break.
I expect to freely dispose of my time during a Daily Rest Period and expect to recuperate from work during a Break. I’m hard pushed to see how you MUST have ‘certain amount of freedom to dispose of my time during POA’.
To me that reads just the same as having a break (which is what you do anyhow) but that doesn’t mean that you can or have to wander off down to shops or to the pub like you can during a Daily Rest. Which is what your earlier post suggested to me.
Thanks. don’t know which post you are referring to? but i think the being able to leave your cab thing is bollox, never read that in any legislation anywhere. maybe in the post you refer to i came across wrong.
Fair enough Danny, it’s easy for both sides to misread posts on TNUK.
I’m still a bit doubtful about that website though. I downloaded VOSAs own guide for drivers from TNUK. It is pretty easy to follow and I would say fairly definitive.
AlexWignall:
Fair enough Danny, it’s easy for both sides to misread posts on TNUK.
I’m still a bit doubtful about that website though. I downloaded VOSAs own guide for drivers from TNUK. It is pretty easy to follow and I would say fairly definitive.
W
will see if i can download that one, only used that website today as i have been using my phone and it works quicker useing it.
knight:
If you got away with nobody probing your bum it would be rest. However if somebody did probe your bum It would be classed as a pain in the arse
you could only hope it was not a BIG pain in the bum. some strange people hang around that layby, only stayed the once never again!!!.
Let me get this straight, if you had 3 hours split break to ‘freely dispose of your time’, then surely you wouldn’t get paid for it as technically you arn’t working, so what’s the point in doing it? Just stick on POA (or break if you get paid them).
Surely if you take into account the 3 hour split break as working hours (paid hours), then that’s falsifying drivers hours?
Tarrman:
Let me get this straight, if you had 3 hours split break to ‘freely dispose of your time’, then surely you wouldn’t get paid for it as technically you arn’t working, so what’s the point in doing it? Just stick on POA (or break if you get paid them).
Surely if you take into account the 3 hour split break as working hours (paid hours), then that’s falsifying drivers hours?
Correct me if I’m wrong.
OK then we will
Getting paid for the time has no bearing on whether or not the 3 hours can be counted as a rest period, there’s no law that says you cannot be paid during your daily rest period as long as you can freely dispose of your time, it’s fine to be paid for the 3 hours rest and certainly not in itself falsifying records.
You suggest that the OP should use POA but you’ve completely missed the point of the thread, the question is can you do 15 hour spread-overs every day if you have at-least 3 consecutive hours rest during the shift and the answer is yes.
However if you have 3 consecutive hours of POA you cannot do a 15 hour spread-over every day because the 9 hours rest period would count as a reduced daily rest so you’re limited to 3 between weekly rest periods.
My train of thought was that if he was on a split daily rest for 3 hours then that wouldn’t count as working as such (in the eyes of an employer), so couldn’t really be counted as part of the shift.
My train of thought was that if he was on a split daily rest for 3 hours then that wouldn’t count as working as such (in the eyes of an employer), so couldn’t really be counted as part of the shift.
My bad
That three hours counts exactly the same as a 9 or 11 hour rest period, it is still required to be taken within the 24 hour period. It replaced the old 4+8 and 16 hour spreadovers which gave us 28 hour days We also used to get the Eurohour given back to us in Calais
Tarrman:
So you shouldn’t really get paid for it then if it’s part of the daily rest.
Good question wonder if there is something in the law that says you can not get paid for daily “rest”■■? never seen it personally, but if there is don’t tell my boss been getting paid 4 to 5 15 hour shifts a week for years.
Tarrman:
So you shouldn’t really get paid for it then if it’s part of the daily rest.
Good question wonder if there is something in the law that says you can not get paid for daily “rest”■■? never seen it personally, but if there is don’t tell my boss been getting paid 4 to 5 15 hour shifts a week for years.
I’m a firm believer in what they don’t know won’t hurt 'em
Tarrman:
So you shouldn’t really get paid for it then if it’s part of the daily rest.
Good question wonder if there is something in the law that says you can not get paid for daily “rest”■■? never seen it personally, but if there is don’t tell my boss been getting paid 4 to 5 15 hour shifts a week for years.
There’s nothing in the law at all. If you employer wanted to they could pay you for 24h every day and it would still be legal.
Tarrman:
So you shouldn’t really get paid for it then if it’s part of the daily rest.
Good question wonder if there is something in the law that says you can not get paid for daily “rest”■■? never seen it personally, but if there is don’t tell my boss been getting paid 4 to 5 15 hour shifts a week for years.
There’s nothing in the law at all. If you employer wanted to they could pay you for 24h every day and it would still be legal.
Paul
Will ask Monday see what he says, will even take a pay cut to £10 per hour.
What about the driving time reset? i.e 1 and a half hours drive to Tesco followed by 3 to 4 hours on break on the bay! Do you not loose the 3 hours of the first 4 and a half drive when on break?
dessy:
What about the driving time reset? i.e 1 and a half hours drive to Tesco followed by 3 to 4 hours on break on the bay! Do you not loose the 3 hours of the first 4 and a half drive when on break?
No, you still have upto 8.5 hours driving for the day left (if you had a 10 left), you could now do 4.5 hour drive till you would require 45 min break, then another 4 hour drive, if that all fit into a max of 15 hour duty tho…
We also used to get the Eurohour given back to us in Calais