Tacho's

NEW AND WANNABE DRIVERS (INTERACTIVE)
1

I am confused about this, but would like you all to claify some issues with regards to tachos and timings.

2 hours - other work checking vehicle + trailer / coupling & loading up
4.5 hours driving — doesnt matter even if you hit any delays, ie accidents and the like
45 minute break
1 hour driving
1 hour other work - waiting and unloading
3.5 hours driving
1.5 hours - other work - refuelling - cleaning vehicle
end of day

so I work this out as
9 hours of driving & 3.5 hours other work

is this within the legal requirements, i also know that I can do 10 hours of driving twice a week.
it is just this other work and avilablity for work which is confusing me ■■

2

As I add up you have done 4.5 hours other work and 9 hours driving with appropriate break, which is perfectly ok.

Are you thinking that 1 hour was a period of availability. If so then it wasn’t as you were waiting and loading. A peiod of availablity is time known of beforehand that can be paid but does not count towards the working time directive of a 48 hour week, but is a period of time when you do no work at all.

It is recommended that you set your tacho to the square with the diagonal for a period of availability and crossed hammers for other work. Make sure that you do have correct rest periods though, as POA does not constitute a rest period.

Have a look at the VOSA website where you can download a guide to drivers hours at
This Link
Well I think thats the link.

Edited the link to avoid the thread going W I D E. K

3

Swampey:
I am confused about this, but would like you all to claify some issues with regards to tachos and timings.

2 hours - other work checking vehicle + trailer / coupling & loading up
4.5 hours driving — doesnt matter even if you hit any delays, ie accidents and the like
45 minute break
1 hour driving
1 hour other work - waiting and unloading
3.5 hours driving
1.5 hours - other work - refuelling - cleaning vehicle
end of day

so I work this out as
9 hours of driving & 3.5 hours other work

is this within the legal requirements, i also know that I can do 10 hours of driving twice a week.
it is just this other work and avilablity for work which is confusing me ■■

No I’m afraid it’s not really legal.

Although it meats the driving regulation requirements, it doesn’t comply with the WTD regulations.

In the example, you’ve twice gone over 6 hours without a break which is against the WTD regulations.

For the WTD regulations, you should not work for more than 6 hours without a break of at least 15 minutes.

WTD break regulations:

No mobile worker shall work for more than six hours without a break.

Working time shall be interrupted by a break of at least 30 minutes, if working hours total between six and nine hours.

Working time shall be interrupted by a break of at least 45 minutes, if working hours total more than nine hours.

Each break may be made up of separate periods of not less than 15 minutes each.

You’ve done a spread-over of 14.25 hours and worked for 13.5 hours so this would leave you with a reduced daily rest period.

Daily rest regulations:

A daily rest period of 11 hours should be taken in the 24 hour period commencing at the end of the last daily or weekly rest period.

The daily rest period may be reduced to 9 hours no more than three times between any two weekly rest periods. There is no compensation required for this.

Where a driver takes daily rest periods away from base, they may be taken in a vehicle, provided that there are suitable sleeping facilities for each driver and the vehicle is stationary.

As you are having a reduced daily rest period, you can legally only do these hours 3 times between 2 weekly rest periods.

This is the link to the Drivers Hours & Tachograph Regulations

4

Yes Tachograph is right - i was forgetting the WTD 6 hour rule - otherwise my information was ok as far as EU tachograph rules were concerned.

As read in other threads there is little enforcement of the WTD and as I understand it at present if you get ‘caught’ under the WTD the authorities are only giving warnings. Whereas VOSA are not so lenient.

5

Smart Mart:
Yes Tachograph is right - i was forgetting the WTD 6 hour rule - otherwise my information was ok as far as EU tachograph rules were concerned.

As read in other threads there is little enforcement of the WTD and as I understand it at present if you get ‘caught’ under the WTD the authorities are only giving warnings. Whereas VOSA are not so lenient.

VOSA are responsible for enforcing the “WTD for mobile workers”.

The Vehicle & Operator Services Agency (VOSA) - enforce the Regulations in Great Britain. The Driver and Vehicle Testing Agency (DVTA) enforce the working time regime used in Northern Ireland. The response will be proportionate, with the onus on educating employers and workers rather than prosecution.

As with existing working time legislation, VOSA and DVTA will normally enforce in response to any complaints they receive. However, they have the right to look at working time records. Examples of when they are particularly likely to do so are: in response to a licensing issue, as part of an investigation into a breach of the European drivers’ hours rules or following a road accident or other serious incident.

My advise to anyone would be to make up their own mind weather or not they choose to comply with the WTD regulations regardless of what others may do, as with the drivers hours regulations if other people choose to ignore them, that’s their decision and one they and/or their employer may eventually pay for.

Some regulations would be difficult to enforce, such as the requirement for advance warning of waiting time for a POA, however none-compliance with the break regulations would be immediately noticeable on inspection of the tachograph charts/card.

Whilst it’s probably true that VOSA are generally lenient in the enforcement of the WTD regulations, the penalties if a prosecution was brought are quite steep, and it’s only a matter of time before the authorities of the European parliament start to insist on more stringent enforcement (IMO).

6

Just to throw in an extra question - if you only use driving and break on your tacho, would you be in bother for not showing any POA ■■? :question:

7

russjp:
Just to throw in an extra question - if you only use driving and break on your tacho, would you be in bother for not showing any POA ■■? :question:

NO, but if you use other work when not doing anything you will be using up valuable average 48 hour WTD.
Using break when doing other work is also illegal.

8

ROG:

russjp:
Just to throw in an extra question - if you only use driving and break on your tacho, would you be in bother for not showing any POA ■■? :question:

NO, but if you use other work when not doing anything you will be using up valuable average 48 hour WTD.
Using break when doing other work is also illegal.

Okey dokey ROG thanks :smiley:

9

russjp:
Just to throw in an extra question - if you only use driving and break on your tacho, would you be in bother for not showing any POA ■■? :question:

edit: It’s already been answered :smiley: