Sorry another newbie question here been sat at an rdc nearly 3 hours on break if I get 3 hours in and have 9 off tonight does that save a 15 hour day?
steve4545:
Sorry another newbie question here been sat at an rdc nearly 3 hours on break if I get 3 hours in and have 9 off tonight does that save a 15 hour day?
yes 
counts as a regular rest 
steve4545:
Sorry another newbie question here been sat at an rdc nearly 3 hours on break if I get 3 hours in and have 9 off tonight does that save a 15 hour day?
Yes it does, as long as its 3 hrs continuous break, which you can do 6 times in a week if you like to work hard.
It’s actually 3hrs REST if we’re being picky, but hey…
Yes, if you get 3hrs then 9+hrs tonight (or work over 13hrs with the 3hrs REST recorded through the day) then it doesn’t count as a reduced daily rest, so doesn’t take one of your reducers away…
Just to throw a spanner in the works
Does any of that count as your 45 min break.
I’m asking because break and rest are 2 different things.
Ok thank you so that’s 3 hours on break no need to do any manual entries?
nick2008:
Just to throw a spanner in the worksDoes any of that count as your 45 min break.
I’m asking because break and rest are 2 different things.
YES it also counts as a driving time break
Just make sure it is 3 hours UNBROKEN. I’ve had loads of lads where I work telling me they’ve done a split break but subsequently received an infringement. When I’ve asked them about the three hours they say something like “well I didn’t move for two hours, then I put it on the bay but put it straight back on break”!
They obviously have a different definition of unbroken than me.
Ok split hairs time but as the OP has said he is at an rdc with the tacho on break for 3 hours but the question is it classed as “time to take at your own disposal” does that technically count if your sat in a waiting room,walking about and not sat in your cab as your not disposing of your time your being told where to sit and what you do?.
As you can guess don’t do rdc work and stand to be corrected by lads and lasses who do.
Break stipulation merely states that it is time to be used for recuperation. It doesn’t mention free to dispose of your time. You are confusing break with rest.
the maoster:
Break stipulation merely states that it is time to be used for recuperation. It doesn’t mention free to dispose of your time. You are confusing break with rest.
Yes good point sorry 
the maoster:
Break stipulation merely states that it is time to be used for recuperation. It doesn’t mention free to dispose of your time. You are confusing break with rest.
You’re correct. But a similar question posed by Nick and answered by ROG still leaves another question…
ROG:
nick2008:
Just to throw a spanner in the worksDoes any of that count as your 45 min break.
I’m asking because break and rest are 2 different things.
YES it also counts as a driving time break
…if we assume your break can be incorporated into your rest time then thats fine. What is rest ?
Don’t get me wrong, i’ve always done it that way i’m just playing Devils advocate and asking the question…is waiting with your vehicle, where you may not be able to leave it unattended , rest ?
Mike-C:
the maoster:
Break stipulation merely states that it is time to be used for recuperation. It doesn’t mention free to dispose of your time. You are confusing break with rest.You’re correct. But a similar question posed by Nick and answered by ROG still leaves another question…
ROG:
nick2008:
Just to throw a spanner in the worksDoes any of that count as your 45 min break.
I’m asking because break and rest are 2 different things.
YES it also counts as a driving time break
…if we assume your break can be incorporated into your rest time then thats fine. What is rest ?
Don’t get me wrong, i’ve always done it that way i’m just playing Devils advocate and asking the question…is waiting with your vehicle, where you may not be able to leave it unattended , rest ?
I would suggest that if the driver ‘wishes’ to stay there with that vehicle then it should be counted as rest. He is disposing of the time as he wants for his benefit. Obviously he needs suitable sleeping facilities.
I note it is interesting that the new GV 262 tells us a driver may be on call during a rest and can if he wishes answer the phone to the bosses long as he wishes to - so having a rest in an RDC should be OK as long as the driver agrees.
I believe it all hinges around the driver agreeing or being forced. I suppose there is a difference.
Ultimately - only a court can decide whether it was or wasn’t a rest. Jam hopeful they would take the drivers wishes into account.
I’m not too sure the OP was actually on a split rest though - but the Tacho won’t show any different will it? 3 hours of bed is 3 hours of bed.
shep532:
Mike-C:
the maoster:
Break stipulation merely states that it is time to be used for recuperation. It doesn’t mention free to dispose of your time. You are confusing break with rest.You’re correct. But a similar question posed by Nick and answered by ROG still leaves another question…
ROG:
nick2008:
Just to throw a spanner in the worksDoes any of that count as your 45 min break.
I’m asking because break and rest are 2 different things.
YES it also counts as a driving time break
…if we assume your break can be incorporated into your rest time then thats fine. What is rest ?
Don’t get me wrong, i’ve always done it that way i’m just playing Devils advocate and asking the question…is waiting with your vehicle, where you may not be able to leave it unattended , rest ?
I would suggest that if the driver ‘wishes’ to stay there with that vehicle then it should be counted as rest. He is disposing of the time as he wants for his benefit. Obviously he needs suitable sleeping facilities.
I note it is interesting that the new GV 262 tells us a driver may be on call during a rest and can if he wishes answer the phone to the bosses long as he wishes to - so having a rest in an RDC should be OK as long as the driver agrees.
I believe it all hinges around the driver agreeing or being forced. I suppose there is a difference.
Ultimately - only a court can decide whether it was or wasn’t a rest. Jam hopeful they would take the drivers wishes into account.
I’m not too sure the OP was actually on a split rest though - but the Tacho won’t show any different will it? 3 hours of bed is 3 hours of bed.
I make you right. The only sort of driver to fall foul of that is the one who has just had three hours in Aldi and then stopped by DVSA and questioned, where was your three hours at…and they say…“Aldi”. When they know its a self tip. Other than that, yep…
Throwing this a little further. A WTD break may NOT be attached to a daily rest.
I know it’s all a play on words but when is rest rest and like said not a break.
nick2008:
Throwing this a little further. A WTD break may NOT be attached to a daily rest.
I know it’s all a play on words but when is rest rest and like said not a break.
Where is that written or inferred 
It all depends on the company you work for. Do they expect you to use a split rest? Especially if on salary, this will work against the driver, if hourly paid, happy days
I never used to tell the bosses that I’d had a split rest, on the rare occasions that I was stationary for 3 hours, however it does come in handy to “bank” one so you get home on a Friday for example
nick2008:
Just to throw a spanner in the worksDoes any of that count as your 45 min break.
I’m asking because break and rest are 2 different things.
We’re being quite pedantic here but if we’re going to split hairs over break or rest the way I see it the rest period doesn’t need to count as a 45 minute driving break.
The regulations say that after a driving period of 4.5 hours you should have a 45 minute break unless you’re having a rest period, in other words you need to have a 45 minute break or rest period, so the question of whether or not the rest period also counts as a break is irrelevant because it doesn’t need to.
ROG:
nick2008:
Throwing this a little further. A WTD break may NOT be attached to a daily rest.
I know it’s all a play on words but when is rest rest and like said not a break.Where is that written or inferred
Breaks for the RT(WT)R must interrupt the working time, so while you can have a break immediately before or after a rest period it won’t count as a break for the RT(WT)R.
tachograph:
nick2008:
Just to throw a spanner in the worksDoes any of that count as your 45 min break.
I’m asking because break and rest are 2 different things.
We’re being quite pedantic here but if we’re going to split hairs over break or rest the way I see it the rest period doesn’t need to count as a 45 minute driving break.
The regulations say that after a driving period of 4.5 hours you should have a 45 minute break unless you’re having a rest period, in other words you need to have a 45 minute break or rest period, so the question of whether or not the rest period also counts as a break is irrelevant because it doesn’t need to.
ROG:
nick2008:
Throwing this a little further. A WTD break may NOT be attached to a daily rest.
I know it’s all a play on words but when is rest rest and like said not a break.Where is that written or inferred
Breaks for the RT(WT)R must interrupt the working time, so while you can have a break immediately before or after a rest period it won’t count as a break for the RT(WT)R.
So in your last reply and like I said it all being on a technical theory there’s time when drivers pushing the max can become foul by having just that 3 hour rest on the play of words… ( break or Rest) 
nick2008:
tachograph:
Breaks for the RT(WT)R must interrupt the working time, so while you can have a break immediately before or after a rest period it won’t count as a break for the RT(WT)R.So in your last reply and like I said it all being on a technical theory there’s time when drivers pushing the max can become foul by having just that 3 hour rest on the play of words… ( break or Rest)
Presumably you’re talking about the total amount of breaks needed for a shift when the only one taken is the 3 hours of a split daily rest period ?
If that’s what you mean all I can say is that the working time regulations don’t define a break or a rest, so presumably as the definition of a rest for the drivers hours regulations is more stringent than a break the 3 hours rest period in a split daily rest would be counted as break for the working time regulations, certainly I think that’s the way analysis software would see it, but in the unlikely event it became a legal question in court I’ve no idea what the judgement would be
edit:Technically I suppose you’re right the 3 hours rest is not part of the total breaks it part of the daily rest period, I still think analysis software would probably also count it as the break though, but I could be wrong