I know it’s different to RDCs but I’ve known mixer drivers get watched by VOSA on-site. VOSA check to see if the drivers have switched to break while operating the drop chutes on “barrow jobs”, then book them for working through breaks.
I had this disscusion with a driver in iceland’s rdc in livingston the other day about taking your break on a bay whilst sat in the “corridor” waiting for your keys and paperwork,he said that his company told him not to put it on break as 2 of their drivers got done for it 
now my arguement was if im sat there watching a movie on my i-phone picking my nose etc. how is that not a break 
absolute bollox
i do alot of rdc work and its always on break when i back on the bay as im salaried paid so why the eff would i want to park up outside for an extra 30 mins and go into a 15hr spread or get home later just because some jumped up Gestapo guy said it was illegal
■■■■ that!!
Denis F:
so taking a 45 after you leave is just hanging the job out in most cases
You’re only right Den, but if someone is pedantic enough to dock me 45 mins when they know i spend it waiting in a rdc then i can sit outside to take my break after i’ve tipped without any qualms at all !! 
Always tipped on break when I was on car delivery and loaded for that matter. yes, I’m bad!!!
Dieseldogsix:
Always tipped on break when I was on car delivery and loaded for that matter. yes, I’m bad!!!
We all do it,when it suits us! 
The rest of the time we explain why its not a good idea? 
Thetaff:
I had this disscusion with a driver in iceland’s rdc in livingston the other day about taking your break on a bay whilst sat in the “corridor” waiting for your keys and paperwork,he said that his company told him not to put it on break as 2 of their drivers got done for iti do alot of rdc work and its always on break when i back on the bay as im salaried paid so why the eff would i want to park up outside for an extra 30 mins and go into a 15hr spread or get home later just because some jumped up Gestapo guy said it was illegal
[zb] that!!
Can you still freely dispose of your time ■■? no because you can’t go wherever you want even though you are doing what you want so by the law it’s not.
MisterStrood:
Thetaff:
I had this disscusion with a driver in iceland’s rdc in livingston the other day about taking your break on a bay whilst sat in the “corridor” waiting for your keys and paperwork,he said that his company told him not to put it on break as 2 of their drivers got done for iti do alot of rdc work and its always on break when i back on the bay as im salaried paid so why the eff would i want to park up outside for an extra 30 mins and go into a 15hr spread or get home later just because some jumped up Gestapo guy said it was illegal
[zb] that!!
Can you still freely dispose of your time ■■? no because you can’t go wherever you want even though you are doing what you want so by the law it’s not.
You do not need to be able to “freely dispose of your time” that only applies to Rest, not Break, in law there is a difference 
Wheel Nut:
MisterStrood:
Thetaff:
I had this disscusion with a driver in iceland’s rdc in livingston the other day about taking your break on a bay whilst sat in the “corridor” waiting for your keys and paperwork,he said that his company told him not to put it on break as 2 of their drivers got done for iti do alot of rdc work and its always on break when i back on the bay as im salaried paid so why the eff would i want to park up outside for an extra 30 mins and go into a 15hr spread or get home later just because some jumped up Gestapo guy said it was illegal
[zb] that!!
Can you still freely dispose of your time ■■? no because you can’t go wherever you want even though you are doing what you want so by the law it’s not.
You do not need to be able to “freely dispose of your time” that only applies to Rest, not Break, in law there is a difference
… Yes you are right Whellnut. I made a mistake
take your card out before leaving the truck, when you get back in you can do a manual entry - 1 minute other work taking the keys, 20 min rest, 10 min getting keys, paper work, checking load etc. That way you can fill in retrospectively so if you get asked to move the truck or help load you can record it as other work. Leave the card in the truck and your trying to guess whats going to happen before it does.
That said if its a siemens digi like mine you might as well leave it on other work for the 2 hours your there, quicker than taking the card out, putting it back in in and doing a manual entry, piece of…
I wouldn’t mind but i can set the digital clock on the cooker at my house is 15 seconds when theres been a powercut, 10 years on siemens make a device with a digital clock that your supposed to use every day and its 100 times harder to set the time. HATE IT!!!
Cynic-al:
take your card out before leaving the truck, when you get back in you can do a manual entry - 1 minute other work taking the keys, 20 min rest, 10 min getting keys, paper work, checking load etc. That way you can fill in retrospectively so if you get asked to move the truck or help load you can record it as other work.
That plan doesn’t really work very well because it’s an offence to take the card out during the working day without proper authorisation.
MisterStrood:
Thetaff:
I had this disscusion with a driver in iceland’s rdc in livingston the other day about taking your break on a bay whilst sat in the “corridor” waiting for your keys and paperwork,he said that his company told him not to put it on break as 2 of their drivers got done for iti do alot of rdc work and its always on break when i back on the bay as im salaried paid so why the eff would i want to park up outside for an extra 30 mins and go into a 15hr spread or get home later just because some jumped up Gestapo guy said it was illegal
[zb] that!!
Can you still freely dispose of your time ■■? no because you can’t go wherever you want even though you are doing what you want so by the law it’s not.
thats my arguement
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.
Absolute rubbish.
There is nothing in the requirements for a break about being available to start work at any time. A break is simply a period when you do no driving, no other work and the period is used for recuperation. Sitting in the cab on a bay while being tipped meets all those requirements, as does sitting in a waiting room, although listening to the ■■■■■■■■ being spouted is kinda hard work. If a period qualifies as POA it will qualify as break because the requirements for break are less than POA.
It’s good you have moved on from claiming you must be free to dispose of your time on a break as you used to do, maybe soon you will get it right.
waddy640:
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?
Yes, that’s why you would do a manual entry at the start of the next shift to account for that time. Also why you should leave the mode on other work when you eject the card.
truckerone:
MisterStrood:
Thetaff:
I had this disscusion with a driver in iceland’s rdc in livingston the other day about taking your break on a bay whilst sat in the “corridor” waiting for your keys and paperwork,he said that his company told him not to put it on break as 2 of their drivers got done for iti do alot of rdc work and its always on break when i back on the bay as im salaried paid so why the eff would i want to park up outside for an extra 30 mins and go into a 15hr spread or get home later just because some jumped up Gestapo guy said it was illegal
[zb] that!!
Can you still freely dispose of your time ■■? no because you can’t go wherever you want even though you are doing what you want so by the law it’s not.
thats my arguement
Don’t argue too hard or you will look daft. This thread is about break and the being able to dispose of your time thing is only for rest, weekly and daily, not break.
Until VOSA put it in print and publish what mode you are allowed to use while being unloaded,
this grey area will never be addressed.
I,myself,if i need a break then i have one while on a bay but if ive just finished a break not long before getting on
a bay i will put it on POA.
I’m amazed at the amount of people who want to work through their breaks.( I can understand owner drivers)
I won’t as much as polish the dash if the tacho’s switched to break. (Usually for an hour)
Muckaway:
I’m amazed at the amount of people who want to work through their breaks.( I can understand owner drivers)
I won’t as much as polish the dash if the tacho’s switched to break. (Usually for an hour)
But if your ar not unloading the trailer your self your are not working?
sometimes you may need a 45 so that you can get to next delivery on time,or get home before your shift runs out.
Muckaway:
I’m amazed at the amount of people who want to work through their breaks.( I can understand owner drivers)
I won’t as much as polish the dash if the tacho’s switched to break. (Usually for an hour)
I don’t get paid for breaks so I don’t work whilst taking them.
tachograph:
That plan doesn’t really work very well because it’s an offence to take the card out during the working day without proper authorisation.
How come? Your not driving without and what if someone else drives your truck or you drive another? Afterall you’ve given in your keys so your no longer in control of the vehicle? From your name you obviously know more than me but it seems logical to me, afterall its your job to protect the card and the data on it, not your employers or vosa.
TTX boy:
Until VOSA put it in print and publish what mode you are allowed to use while being unloaded,
this grey area will never be addressed.
It already is in print and published in both EC 561/2006 and the vOSA guide book and is in no way a grey area, it couldn’t be any clearer.
You are sitting in the cab on a bay or in a waiting room, while being unloaded and you are reading a book, napping, watching TV or the like.
Now here are the requirements for break as printed in both EC 561/2006 and the VOSA guide book.
‘break’ means any period during which a driver may not
carry out any driving or any other work and which is
used exclusively for recuperation;
Now break (no pun intended) that down to your situation on the bay or in the waiting room.
Are you driving? No.
Are you doing any other work? No.
Are you using it for recuperation? Yes.
It’s a break then.
The problem is when drivers add bits to those 25 words defining break such as being free to dispose of your time or available to return to you workstation and other such nonsense. Those 25 words make it very clear what a break is and asking just three questions tells you if it is break or not.