sorry if this has been posted before ,but the brother and i are in disagreement about when you can take your 45 min break,i know a lot of drivers (myself included)have and still do in some cases take their break whilst on a bay being loaded/unloaded,what about sat at a tescos in there waiting room I say that it is technically a offence to take your break whilst on a bay or in a waiting room,if im wrong i stand corrected,come on lads put us straight
Suppose technically if your sat in an rdc waiting room it should be poa as theoretically you could be asked to move your truck within 45 minutes but also as you`ve handed in the keys and are not doing any work you should be fine putting a 45 in.
if i am not in the back of trailer doing work, but sat reading a paper or book with a coffee, or even using the canteen it is on break… that is what i am having surely?
Edit.
also can count towards split 45?
last week 20 mins tip Stoke, grab coffee sit in cab read paper
then 35 minutes tip Gadbrook same as above
The act of walk from the truck to the office to hand in your keys while the tacho is on break is an offence as you’re working
Steve-o:
The act of walk from the truck to the office to hand in your keys while the tacho is on break is an offence as you’re working
not if you hand keys in then walk back and switch over to break?
andy187:
Steve-o:
The act of walk from the truck to the office to hand in your keys while the tacho is on break is an offence as you’re workingnot if you hand keys in then walk back and switch over to break?
Then your truck is left unlocked while you’re stuck in the waiting room 
Being on a bay doesn’t really count because you are required to be available to start work at any time. For example, if it takes 20 minutes, you’re given your notes (this counts as work) and then you have to pull off. Being on a bay should be other work or PoA but not break.
In fact, the loading bay scenario is a perfect example of what should be a PoA, not a break.
Steve-o:
andy187:
Steve-o:
The act of walk from the truck to the office to hand in your keys while the tacho is on break is an offence as you’re workingnot if you hand keys in then walk back and switch over to break?
Then your truck is left unlocked while you’re stuck in the waiting room
well ther goes my snack for walkies lol
all depends on whether your in a rush to get home ive used break when on a bay to give me another 4.5 hrs driving so i can get home but otherwise i put it on poa because the company i drive for likes us to use as much poa as possible, but be warned if you use it at an lidl or aldi vosa often wait outside cos they no these places are self tip and you should be on other work easy money for them
End of the day, unless I’m at a VOSA infested Lidl then I’ll do my best to get a break in even if I am working. I’ll have a break on other work later on should I feel the need to take one
i was stopped by Vosa yesterday, at sandbach, they saw that i had 30 mins at Gadbrook and knew i was there cos of paperwork.
given all clear
but you are right about lidl and aldi seen the old vosa (pre vosa days) there once at atherstone
truckerone:
sorry if this has been posted before ,but the brother and i are in disagreement about when you can take your 45 min break,i know a lot of drivers (myself included)have and still do in some cases take their break whilst on a bay being loaded/unloaded,what about sat at a tescos in there waiting room I say that it is technically a offence to take your break whilst on a bay or in a waiting room,if im wrong i stand corrected,come on lads put us straight
There’s no reason why you can not legally have a break whilst on a loading bay or sat in a waiting room.
The only stipulation for a break is that you should be able to spend the time for recuperation, which you can sat in the cab or sat in a waiting room.
Technically I suppose handing the keys in could be a problem if you’re going to a waiting room but I doubt even VOSA would be that pedantic about the time it should take to hand over the keys on your way to a waiting room.
Having said that we all know that a simple act like handing over keys can in some places can take longer than it should 
Out of interest why do you think it’s an offence to have a break on a loading bay or in a waiting room ?
if you are at a rdc on a bay getting unloaded technicaly your are on other work full stop, BUT
i was only talking to mr vosa on wed about this same thing.
he said, the above, the but is,if you know you will be at least 45 mins they dont have a problem with it.
IF you are at aldi, lidl, or netto where you tip yourself then be prepared for an offence and fine.
also if you are getting paid by the hour, then why put it on break whilst getting tipped.
i used to get out of the rdc then have my break.
now i am on containers thats what i do, put it on break whilst having the box unloaded.
if you are at a rdc on a bay getting unloaded technicaly your are on other work full stop,
Not true - unless you are actually working (working the curtains, unloading or splitting the load)
BUT
i was only talking to mr vosa on wed about this same thing.
he said, the above, the but is,if you know you will be at least 45 mins they dont have a problem with it.
You don’t have to know that you will have 45 mins before you switch to break.
IF you are at aldi, lidl, or netto where you tip yourself then be prepared for an offence and fine.
True
also if you are getting paid by the hour, then why put it on break whilst getting tipped.
Some of us get paid on breaks too.
i used to get out of the rdc then have my break.
now i am on containers thats what i do, put it on break whilst having the box unloaded.
If it takes less than 45 then drive out and stop for 30.
Conor:
Being on a bay doesn’t really count because you are required to be available to start work at any time. For example, if it takes 20 minutes, you’re given your notes (this counts as work) and then you have to pull off. Being on a bay should be other work or PoA but not break.In fact, the loading bay scenario is a perfect example of what should be a PoA, not a break.
Oh yeah, i forgot about that bit. Can’t really count as rest/break because you are required to be available to start work anytime. Where did you get that snippet of information from BTW!!!
I went to the Driver CPC course a few weeks ago, this same question came up. The instructor said that "You may take your break whilst on a bay, it is legal as long as you take your paperwork and keys in first, then go back and change your mode switch. Under no circumstances may you do this when tipping yourself, standing at the rear of your trailer, etc, so anything that could be constrood as “work” must be shown as “work”. As for the unlocked cab, we have a seperate fob with electronic locking, so that should not be a problem.
Saying all this,It always seems to be a Grey area, where, depending where you are at the time, the local enforcement agency seem to have their own rules!!!
If the act of taking the keys from the vehicle to some other place is deemed “other work” then does the same apply when I park up at the end of my shift and take the keys to the office, as I have aleady logged off and removed my card?
Another thread meant to confuse.
You can take a break in Lidl, Aldi, Tesco or anywhere else. You arrive on site and book into reception. They give you a bay number such as "put it on Bay 19 after ABC Haulage, you can go back to your truck, walk around the yard, have a shower, do a handstand and it all counts as break. when you are tipping your own trailer, obviously you are doing other work, not POA, not driving, not on rest.
In Conors incorrect example of having “to be available to start work at any time” only applies as a criteria for his beloved POA. If that happens then POA ends and other work begins.
You can be unloading in an RDC, when the tannoy, fork lift driver, work colleague, ■■■■■■■■, or security guard tells you to move, 20 minutes has passed, what happens? absolutely nothing. except that you only qualify for 15 minutes, if it is your second break, then you haven’t qualified for any and must pull off the bay and take either 30 or 45 minutes.
VOSA will not do you for walking into goods reception to simply hand in your keys, if that is the site policy, you may then walk to the RDC toilets, the coffee machine, even to the telephone box in the garage opposite. You can even talk ■■■■■■■■ about work and slag Stobarts off, it still counts as break…
VOSA will do you if you are stood in a long queue waiting for paperwork, stood counting pallets or helping to restack them.
Don’t have nightmares 
we were told under no cicumstances were we to have tacho on break whilst self tipping,restacking,stripping down.
but i do know there now pulling drivers in office for having breaks at services ,laybys after being at r.d.c or wherever on a bay.
one of our lot had 3 hrs at tesco then pulled out and stopped for break , when questioned as he said tesco havent got any burger vans 
,and he cant function properly without his bacon and egg bun[fair point i.m.o.h.o 
]
listening to the stories about RDCs on here , I’m sure there’s usually enough time while you’re being unloaded to hand in your paperwork, key’s etc, take a 45, collect the paperwork , scratch your arse, polish the truck , and still have some POA
so taking a 45 after you leave is just hanging the job out in most cases