Hi all, have been driving cement mixers for a local company for the last 6 - 7 weks or so and theres a few things im not too happy with with regard to breaks, would like some confirmation if possible.
I have been taking all my breaks as i should, and have also been taking the time diretive break of half hour before 6 hours of work has been done.
I dont do much driving in a day, probably average about 4 hours over a 10 hour shift sometimes going over the 4 and a half hours so i need to take a 45 minute break.
My question is -
Yesterday i started at 7.00 AM, was doing other work and a bit of driving, i was going to take my time directive break before 1 PM, my boss told me that it wasn’t important that i take it and that i only need to concentrate on the driving hours breaks? I also got sent out on my last load and couldn’t get there before my 4 and a half hours driving was up, i went over by 3 minutes, so drove for 4 hours 33 minutes in total, i told my boss i doubt i will get there in time but he sent me out anyway. As apparently i have a ‘live load’ of cement, im allowed to go over the driving hours to get to site apparently according to him? The first official break i had yesterday recorded on my tacho started at about 4.30ish PM, after starting at 7.00 AM in the morning, even though i didn’t start driving till about 8.00 AM, there is a lot of other work in this job, i just dont think thats legal? or is it? Does my time directive break not also have to be recorded on the tacho?
Basically i am really not happy that i had to go over my driving hours, also not happy that i have been told to not worry about the time directive breaks. I am not to sure what to do about it and need to know where i stand before i can start to kick up a fuss about it, also not sure if its worth phoning VOSA?
Thanks for any help.
Appolg to the op it was posted light harted saying that the boss was using you …and I with draw what I said 
I have however replied hopefully with a more sympathetic approach 
no offense but that doesn’t really help me, answer to my questions would be nice … that reply just shows what a knob you are really
colz1234:
Hi all, have been driving cement mixers for a local company for the last 6 - 7 weks or so and theres a few things im not too happy with with regard to breaks, would like some confirmation if possible.
I have been taking all my breaks as i should, and have also been taking the time diretive break of half hour before 6 hours of work has been done.
Doesn’t need to be 30 min . 15 will do in the 1st 6 hrs … there are threads covering and I’m sure Tacho or Rog can better lay there hands on the WTD threads .
I dont do much driving in a day, probably average about 4 hours over a 10 hour shift sometimes going over the 4 and a half hours so i need to take a 45 minute break.
My question is -
Yesterday i started at 7.00 AM, was doing other work and a bit of driving, i was going to take my time directive break before 1 PM, my boss told me that it wasn’t important that i take it and that i only need to concentrate on the driving hours breaks? I also got sent out on my last load and couldn’t get there before my 4 and a half hours driving was up, i went over by 3 minutes, so drove for 4 hours 33 minutes in total, i told my boss i doubt i will get there in time but he sent me out anyway. As apparently i have a ‘live load’ of cement, im allowed to go over the driving hours to get to site apparently according to him? The first official break i had yesterday recorded on my tacho started at about 4.30ish PM, after starting at 7.00 AM in the morning, even though i didn’t start driving till about 8.00 AM, there is a lot of other work in this job, i just dont think thats legal? or is it? Does my time directive break not also have to be recorded on the tacho?
Basically i am really not happy that i had to go over my driving hours, also not happy that i have been told to not worry about the time directive breaks. I am not to sure what to do about it and need to know where i stand before i can start to kick up a fuss about it, also not sure if its worth phoning VOSA?
Thanks for any help.
WTD breaks are a LEGAL requirement.
LIVE load of CEMENT 
Make no difference fella you WILL GET LUBED if you use this in your defence BIG TIME
Its 4.5hrs and stop .
I didn’t mean to sound too harsh fella but your boss has spun you a load of BS to get you to break the regs …
At the end of the day if anything comes of it its YOU that will be shafted with the fine etc not Him …
Hence I would walk .
Do you spend any time on poa? As I’m pretty sure that pushed back when you need your wtd break by.
Also, if you read the wtd guidelines it says they apply to anyone who doesn’t have their own set out break rules. Transport does so I don’t think it’d get very far in court tbh.
If I was in your position, I’d chuck a 15 minute in in the morning somewhere then take your 30 minute at 1 ish resetting your hours so you’ll never go over and covering your wtd too.
Nick2008 is right. Clearly your boss does not give a s*** about the legal rules and regs, which in turn is putting the drivers, public and road users in great danger.
From what you have said, you no the driving and working rules.
So basically you have two choices -
1- you stick with rules, take your breaks, except your boss will make your life he’ll, or he will sack you. If that happens and you know all the other drivers are treat the same, report him to vosa, and take them to court for unfair dismissal.
2- You leave the company, and find another job. Then it’s up to you if you decide to go ahead and report them to vosa.
It’s up to you. But what I do say is, don’t put yourself, others and license at risk for the sake of having job, it’s not worth it.
RTD may be a legal requirement but the authorities are not bothered about them so if the company is not bothered either then I do not see how a driver can get into any sort of bother over them
Perhaps doing a split tacho driving break of 15 + 30 might be the answer for you
Take the 15 before 6 hours of work then the 30 later before 4.5 hours of driving
There is no driving time exemption for concrete that I can find anywhere but perhaps your boss has his own unique rule book 
ROG:
RTD may be a legal requirement but the authorities are not bothered about them so if the company is not bothered either then I do not see how a driver can get into any sort of bother over them
Perhaps doing a split tacho driving break of 15 + 30 might be the answer for you
Take the 15 before 6 hours of work then the 30 later before 4.5 hours of driving
There is no driving time exemption for concrete that I can find anywhere but perhaps your boss has his own unique rule book
you cant say
RTD may be a legal requirement
Rog it IS a legal requirement …
the authorities are not bothered about them so if the company is not bothered either then I do not see how a driver can get into any sort of bother over them
because its also part of the drivers legal requirement to adhere to the regulations …
That’s the legal standing Rog. just because it seems that no one bothers doesn’t make it right. Its like tellin a driver
" ah RTD don’t worry fella the authorities don’t care, no ones ever been done so as long as your legal on your driving hours and don’t drive 4.5hrs knock yourself out you don’t need a break"
Because that is what your actually saying by ignoring the RTD no matter how you want to dress it up by then saying anyone would be stupid to do such a thing there are stupid people out there Rog …
Stick to the Legal stuff please, the whole point of a regulation is to make things safer for a reason not to just ignore it just because …
Rant over .
Your employer has to adhere to tacho/Rtd and Wtd regulations when he applied for an Operating licence.
That is,if he does have an O licence.
If caught and the brown stuff hits the fan,you and your boss will attend a Traffic Commisioners tribunal.
They have the power to take away your licence and revoke the bosses O licence.
That means job losses and selling the trucks.
Or they cut down the fleet size.Or set a restriction,such as no movements from 08.00 to 17.30.
If stopped by DVSA and they find offences,the OCRS score goes to red,the firm is then on their radar to stop all the time.
A traffic light system using green,orange and red.
Green is a top operator,no need to stop.
Rant away with pleasure but the reality of what IS remains the same
The UK is not the only EU country where it seems the RTD is ignored - I deemed that from a few posts on this and other forums from ex-pats that live in those countries
I happen to agree that the 6 hour break rule is a good thing but just adding that to 561/2006 would have been sufficient
