Hi to all, ive been away for a while and like the new forums rikki. glad to see your all still about… 
got a question though.
can anyone answer it…what is the legal standing on the breaks , as we are not paid for the 45 mins break we have to take. but the company i work for “well the depot anyway” are telling us when and where to take them…i was led to believe if i am not paid for them i can take it where and when i choose. any info would be most welcome
thanks in advance
Dave
I would have thought that it would be impossible to say when and where you are to have your break, as no shift will be the same, different road conditions, traffic hold ups accidents etc etc and as you know the 45 mins is a break that “wipes” the slate clean and allows you another 4.5 hours worth of driving, it should be down to the driver’s discretion when and where they take it, we are all capable of planning our journeys and keeping inside the law.
However, they may as in other jobs, be able to say for instance if you do a day shift, that your break must be taken between certain hours, for instance, between 12.00 and 14.00 but to try and tell you when and where every day is just laughable.
In my opinion anyway 
Thats what i thought…with the as and when…but they are telling us because we carry perishables and booze. the story go they want us to take are breaks at stores when loaded…ok i can agree with that. what with the looney season coming when santas popular 
my point of view is if i was paid my break i would take where they planned it during my days work…but as they dont well you see the point. our major problem is we are a relatively new depot with new managers who wouldnt know the front from the back of a trailer. we are trying to speak to other drivers in the network from other depots…Any sainsburys drivers on this memberslist lol…
JUST ANOTHER EXAMPLE OF EMPLOYERS TREATING DRIVERS LIKE [zb] THEN WONDERING WHY PEOPLE ARE SPEWING IT AND LEAVING THIS SO CALLED PROFESION■■?
*Minor language edit, if you have to put little stars in to get it past the censor it means it’s not allowed.*Coffeeholic
Hi Tammy,
I work for Sainburys as well. Our break are partly paid. Sainsburys prefer you to take your break at the stores, well in our case they did. With the latest store expansions and the erection of tents and containers in the yards, this is now virtually impossible.So our depot leaves the timing and location of our break up to the driver. Anyway with the installed Isotrak units they allways know exectly where you are in case help is required. Which depot do you work for ? I’m at Emerald Park.
Henk
One company who tried to enforce the. You will take a break where we say rule, was held to have breeched health & safety, both of its drivers & other road users.
It was a few years ago, 2-3 I think & involved a night trunk drivers where the drivers prior to the company rule had always had a break together at a set point. The company rules then made this stop & the drivers said this is unsafe we need to stop here on safety grounds.
The general opinion was that if a driver feels they need a break at A rather than B, then the company should support this choice regardless of thier opinion of why it was made.
when you say take your break at a store loaded, if you mean when unloading at a store, then they are wrong to tell you this, your tacho should be on other work
biggusdickusgb:
when you say take your break at a store loaded, if you mean when unloading at a store, then they are wrong to tell you this, your tacho should be on other work
Only if the Driver is Actually help unload the Vehicle, if he’s sitting in the cab or the cafe then it’s a break
we do a few stores where the break is been taken before unloading.
our union says that if we are to take a break on company premises we are entitaled to a payed break due to the fact there is no services avalible to us(e.g food toilet facilites)
i do know of a company (automotive parts) that tells you what time of day to take your break
something to take up with your union tammy
jon
My firm once tried to stop our breaks, we all turned round and said find yourself some more drivers then 'cause we’ll all go next door 
. Needless to say the idea hasn’t been mentioned since .
Our lot used to stop breaks, but then they got sick to death of wasting all the money they’d saved by doing so on the phone quibbling the exact times when the payslips came out…and of drivers spending 4hrs tipping then parking at the cafe 'round the corner for another 45 minutes (Fair play to them for that, I used to do the same when I was on for a General firm which stopped breaks… ).
Common sense prevailed, and we are now paid card-in to card-out (a practice which started 3 weeks before I started, fortunately), although we ARE expected to take breaks on slots/bays if needs be.
They still stop breaks for agency drivers/freelancers, mind…unless it was obviously combined with a tip/lift. But given the rates some of them are charging, I can sort of see their point with that one… 
LucyR:
They still stop breaks for agency drivers/freelancers, mind…unless it was obviously combined with a tip/lift. But given the rates some of them are charging, I can sort of see their point with that one…
So they Should Lucy, Agencies dont pay the drivers breaks so why should the company be charged for them
Exactly. 
Tammy you will find that you will not be able to take your brakes at the stores, they hacerestrictad space at this time of year, plus other trucks wanting to deliver. if you move your truck when on a brake. if it is less than 15 minutes it does not count.
Tammy you will find that you will not be able to take your brakes at the stores, they have restrictad space at this time of year, plus other trucks wanting to deliver. if you move your truck when on a brake. if it is less than 15 minutes it does not count.
JUST ANOTHER EXAMPLE OF EMPLOYERS TREATING DRIVERS LIKE [zb] THEN WONDERING WHY PEOPLE ARE SPEWING IT AND LEAVING THIS SO CALLED PROFESION■■?
Hehe! Tone, you remingd me of my Staffy, try to get a bone off of her! Got to admire the consistency mate!
Mal.
Situation is very simple, if you are not paid for breaks you can take them where ever you want( you can anyway). So park it up and go for a walk.
If it just happens to be in the middle of a big city, and when you come back it’s gone ( stolen) it’s not your problem. I have pointed this out to several employers and so far all agree 45 minutes pay is worth it.
Take your time
Merlin 
The definition of a break is ‘when a driver can freely dispose of his time’. So, if you are at a RDC and you ‘want’ to sleep whilst being unloaded, it can be classed as a break. A company can’t dictate your breaks, as it’s not when you want it so you can do what you want with your time.
Oh, and leaving your tacho in ‘rest mode’ is an offence for those that don’t know it.
thanks for all the replies guys…
we do not take breakes when unloading…they want us to do it after that has happened.
as you have said with this time of year it is causing chaos when we do… the stores dont like it and are playing merry hell with the depot . we never thought of the heath and safety angle…will try this…
we have now been told to take our breaks after 4hrs 30 mins…so we are going to . which means another break is due on 9hrs the first is not paid but when we have 2 the second is .
looks like this is going to cause some one a head ache and it wont be the drivers getting it for once
Sorry Roadhog, but the definition of a break is a period of at least 15 minutes during which a driver may not does not carry out any work. a rest period meets your definition, but only if at least 1 hour long.
A rest period could be taken as a break, but a break is not a rest period.