I had a driver come to me today with a question.
Just befor his 6 hours was up he switched is tacho to rest and went for a coffee. When he returned at 28 mins he got a print out. But the rach then switched to other duties he flicked it back to rest for a further 8 min. His print out showed it did not register the 28 mins as a break. It flagged up as WTD infringement. What can he do?
aston:
I had a driver come to me today with a question.
Just befor his 6 hours was up he switched is tacho to rest and went for a coffee. When he returned at 28 mins he got a print out. But the rach then switched to other duties he flicked it back to rest for a further 8 min. His print out showed it did not register the 28 mins as a break. It flagged up as WTD infringement. What can he do?
Tell him he’s talking BULL with a hint of sheep droppings
aston:
I had a driver come to me today with a question.
Just befor his 6 hours was up he switched is tacho to rest and went for a coffee. When he returned at 28 mins he got a print out. But the rach then switched to other duties he flicked it back to rest for a further 8 min. His print out showed it did not register the 28 mins as a break. It flagged up as WTD infringement. What can he do?
Firstly you don’t need a 30 minute break for the 6 hour rule, you need a 15 minute break before exceeding 6 hours working time.
The reason the tachograph did not record break could be because the tachograph defaults to other work when the ignition is switched off, if this is the case then he should check the tachograph after switching off the ignition and if necessary change the mode to break.
As far as what he can do now is concerned, all he can do is write an explanation on a printout and hand it in when his card is downloaded, it probably won’t stop him getting an infringement so he just needs to be more careful in future.
There’s nothing he can do to negate the infringement. I daresay what really happened is that either he forgot to put it on break when he initially stopped, or the tacho is set to switch to Other Work every time the ignition is switched on and he inadvertently triggered this soon after he stopped (maybe flicked the ignition on to close a window.?).
Either way it’s no biggie as VOSA etc won’t bat an official eyelid about it.
Was that break also intended as the first 15 minute part of a split driving time break?
If yes then that is a little more serious but if no and was just a missed 15 mins for the RTD then its only a company internal infringement
ROG:
Was that break also intended as the first 15 minute part of a split driving time break?If yes then that is a little more serious but if no and was just a missed 15 mins for the RTD then its only a company infernal infringement
Fixed that for you Rog 
Does this count for any 6hr period of work? as i got a tacho infringement for going for 7hrs with out having required 15min break although earlier in the day had 15 and 30 to clear driving, i suspect that I am in the wrong 
kaode:
Does this count for any 6hr period of work? as i got a tacho infringement for going for 7hrs with out having required 15min break although earlier in the day had 15 and 30 to clear driving, i suspect that I am in the wrong
It doesn’t matter how many breaks you have, you need to have a 15 minute break before going over 6 hours working time from the end of the previous break, otherwise you’re likely to get an infringement.
Thanks for clearing that up, I was caught out by clearing my driving hours in the earlier part of shift and concentrating on that although I did have a 12 and a 14 but not the required 15 