Told I did job wrong/ unnecessary break/ how would you do it

Left depot and drove 2 3/4 to rdc,I then spent 3 hrs on bay ( tacho on break), I then drove 2 3/4 hrs back to depot( 10 min toilet break on way back.
I thought that was reasonable and the way I’ve always done the job.
But I’m being told that is wrong what I should of done/ do is
Drive 2 3/4 to rdc,then 3 hrs on bay on poa, then drive 2 3/4 hours back to depot stopping for a 50 min driving break on route.
There reasoning is by sitting on a bay for 3 hrs on break instead of poa my WTD hours didn’t reduce, whereas if I was on poa they’d of reduced by 3 hrs :open_mouth: :open_mouth: .
I reasoned that by doing what I did I shortened my day by 50 mins,got there truck back 50 mins earlier and I thought it’s taking the ■■■■ a bit sitting on a bay for 3 hrs then driving half hour up road and stopping for 50 mins.
Now I’ll have to do it there way,don’t make sense at all to me,how would you do job.
N.b you have to hand in keys so can’t change mode once on bay ta

This is ■■■■■■■■

Absolute tosh POA or break does not count as working time therefore BOTH count as reduction on the 48 hour week for working time regulations.
Only wrong if your hourly paid as you just did yourself out of 50 minutes pay.

They are wrong.Both break and poa brings your wtd down. We are paid breaks.So don’t use poa.And I’ve never had probs with the wtd.

Whoever told you that was talking nonsense.

As has been said neither break nor POA count as working time so will help to keep your hours down for the WTR.

The company you work for are idiots and are talking out of their ■■■, they obviously have absolutely no idea.

total ■■■■■■ As said breaks and POA don’t count towards your working hours, plus if you had it on break another 15mins you could have split your daily rest to another 9 hour if you was on a night out and used all your 9 hours up through the week.

Ask for a written copy of their statement to you. When asked why, tell them you want to send a copy to VOSA for confirmation.

Blimey, they must be making loads of money & be a pleasure to work for if they’re telling you to toss it off more!

Silver_Surfer:
Blimey, they must be making loads of money & be a pleasure to work for if they’re telling you to toss it off more!

*1^^^…I’d do it their way & make more £££, after all that’s what I’ve come to work for:!:

Correct me if I’m wrong, but if you drive 2hrs 45min then put it on break for 3 hours, then drive again for 2hrs 45min you’ve actually driven for 5hrs 30min without a break ? Having 3hrs on break automatically gives you a split rest, you would still need to take a 45.

Pimpdaddy:

Silver_Surfer:
Blimey, they must be making loads of money & be a pleasure to work for if they’re telling you to toss it off more!

*1^^^…I’d do it their way & make more £££, after all that’s what I’ve come to work for:!:

Oh yessssss.

Ken.

Kneal:
Correct me if I’m wrong, but if you drive 2hrs 45min then put it on break for 3 hours, then drive again for 2hrs 45min you’ve actually driven for 5hrs 30min without a break ? Having 3hrs on break automatically gives you a split rest, you would still need to take a 45.

No you’ve driven two hours 45 minutes without a break.

Any break of 45 minutes or more resets the driving time.

Kneal:
Correct me if I’m wrong, but if you drive 2hrs 45min then put it on break for 3 hours, then drive again for 2hrs 45min you’ve actually driven for 5hrs 30min without a break ? Having 3hrs on break automatically gives you a split rest, you would still need to take a 45.

No.

I did something similar this week.

I left the yard in Huddersfield, went and did 2 local deliveries in Bradford taking about 1 1/2 hours, went back to the yard, on break for just over 3 hours, collected my next trailer for 2 drops in Burnley and Colne, tipped those and drove straight back without a further break, and when downloading my card, no infringements were recorded.

Ken.

Dozy you done right. You also satisfied the 30 min break for WTD for 6 hrs work. If u done it there way you would only of had 15 mins to get yourself on rest before you breached the WTD… in my opinion.

I got an infringement for it. I was told anything 3hrs or over will be classed as you taking a split rest. I would still need to take a 45. Fair enough if I’m wrong, just thought I’d ask the question.

Kneal If you had 11 hrs rest before that shift and 11 hrs after I’m not sure how it can be a split rest and in any case surely a split rest is not an infringement, after all split rests are allowed.

Kneal:
I got an infringement for it. I was told anything 3hrs or over will be classed as you taking a split rest. I would still need to take a 45. Fair enough if I’m wrong, just thought I’d ask the question.

They are talking crap, 45mins or 3 hours break will still reset your driving time legally!

Kneal:
I got an infringement for it. I was told anything 3hrs or over will be classed as you taking a split rest. I would still need to take a 45. Fair enough if I’m wrong, just thought I’d ask the question.

A rest period of three hours or more can be classed as part of a split daily rest period, and I believe what you’re saying about the driving break was the case before 2007 but not now.

Article 7 (EC) 561/2006.

After a driving period of four and a half hours a driver shall
take an uninterrupted break of not less than 45 minutes,
unless he takes a rest period.

I’ve got 2 views on this.

  1. I think both Dozy and Kneal need to find their transport manager and give them the correct regs and tell them to learn them themselves before they consider telling drivers how to interpret them. :laughing:

  2. Or if they haven’t been asked to do anything illegal, then do it the way the company ask however cockeyed that seems to be. :laughing:
    after all we’ve had plenty of drivers on here complaining that they’re expected to take breaks on the bay and aren’t then get a phone cal if they dare stop on the way back.