Waiting for a Truck - What Tacho Mode?

Terry T:

Mike-C:

(a) ‘working time’ shall mean

the times during which he cannot dispose freely of
his time and is required to be at his workstation,
ready to take up normal work, with certain tasks
associated with being on duty, in particular during
periods awaiting loading or unloading where their
foreseeable duration is not known in advance, that is
to say either before departure or just before the
actual start of the period in question, or under the
general conditions negotiated between the social
partners and/or under the terms of the legislation of
the Member States

Source…

eur-lex.europa.eu/LexUriServ/Lex … 039:EN:PDF

That seems quite clear to me. If you don’t know when the truck will arrive and you must sit in a canteen and be ready then it should be other work surely ?

I don’t know where that quote came from because it doesn’t seem to be exactly the same as the definition of working time in the document linked to :confused:

Anyway it doesn’t really matter because there’s no reason why break cannot be used if the driver is not working.

If the driver is recuperating and therefore not not carrying out any activities on the instruction of the employer break can be used.

If the driver is not working and knows approximately how long he will be waiting he can use break or POA.

Terry T:
Definitely an interesting topic.

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It certainly seems to have opened a can of worms and I’m still
not 100% sure of the correct answer.

I think the Manager is covering his own back and playing safe.

Oh well, if he wants OTHER WORK and 20 minute checks then he
gets OTHER WORK and 20 minute checks.

Incidentally, I am confident that I can do a thorough check in five
minutes. I know the units, I know the trailers and they are continually
coupled-up. It would be different if I was new to the job.
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Dieseldoforme:

Terry T:
Definitely an interesting topic.

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It certainly seems to have opened a can of worms and I’m still
not 100% sure of the correct answer…
.

I’ll fire it off to the DfT. I asked a question recently about what constitutes a dual carriageway and they replied fairly quickly so I’ll let you know what they say.

tachograph:

Terry T:

Mike-C:

(a) ‘working time’ shall mean

the times during which he cannot dispose freely of
his time and is required to be at his workstation,
ready to take up normal work, with certain tasks
associated with being on duty, in particular during
periods awaiting loading or unloading where their
foreseeable duration is not known in advance, that is
to say either before departure or just before the
actual start of the period in question, or under the
general conditions negotiated between the social
partners and/or under the terms of the legislation of
the Member States

Source…

eur-lex.europa.eu/LexUriServ/Lex … 039:EN:PDF

That seems quite clear to me. If you don’t know when the truck will arrive and you must sit in a canteen and be ready then it should be other work surely ?

I don’t know where that quote came from because it doesn’t seem to be exactly the same as the definition of working time in the document linked to :confused:

I thought it was. I omitted the parts that did not concern us, i thought i denoted that with a series of dots… Here’s what i’m seeing and its the same as what i produced.

tachograph:
Anyway it doesn’t really matter because there’s no reason why break cannot be used if the driver is not working.

If the driver is recuperating and therefore not not carrying out any activities on the instruction of the employer break can be used.

I beg to differ, it does matter. Break is to be used ‘exclusivley’ for recuperation. Being under your employers instruction and ready to resume work can only be POA or Work.

tachograph:
If the driver is not working and knows approximately how long he will be waiting he can use break or POA.

Its not so simple. Also the test for if he can use POA will be when he tells the management he’s leaving site and he’ll be able to return to his station when requested.
Real life scenario is driver will put it on what mode suits him. But whats the correct one ?

Dieseldoforme:
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It certainly seems to have opened a can of worms and I’m still
not 100% sure of the correct answer.

Its easy to come to the 100% correct answer. Just treat it like a flow chart.

  1. do you have to remain at your workstation ready to resume work?
  2. do you know how long you will wait
  3. are you required to be ready to go to work

The answer to them questions will lead you to the mode you should be on.

Dieseldoforme:
I think the Manager is covering his own back and playing safe.

Oh well, if he wants OTHER WORK and 20 minute checks then he
gets OTHER WORK and 20 minute checks.

Incidentally, I am confident that I can do a thorough check in five
minutes. I know the units, I know the trailers and they are continually
coupled-up. It would be different if I was new to the job.
.
.

The requirements of PUWER put an obligation on your employer and yourself to ensure the equiptment you are about to use is fit for purpose and has been checked. I’m not aware of a time limit for such a check, but it must take ‘some’ time. I’d stick my neck out and say most employers and employees have never seen a tail lift inspection sticker, never mind checked it . But there you go !!

Terry T:
I’ll fire it off to the DfT.

I’ll be very interested to see their response.

We once asked them, "What is an acceptable time period for an
LGV Driver to exceed his maximum permitted driving period (9 or 10 hours)
or his maximum permitted duty period (13 or 15 hours) in order to
return to his Home Base for a decent night’s sleep ?

Their answer was :

So long as this was a “one off” event and did not form a regular pattern
on your driving record, we would find that a 20 minute over run is
acceptable and hopefully you would benefit from a better quality of rest.
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Mikes quote was from 2002 but this is from 2006
eur-lex.europa.eu/LexUriServ/Lex … 013:EN:PDF

‘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;

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Legislation Legislation Legislation.

I’m getting sick of it all - it’s starting to grip my testicles.

Just let me drive and stay accident free.
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Andrejs:
follow you main any drivers must sent to prison ready.because if drivers stop at lay by for break.from one side road,from another privat land ,trees ,so so can t go to any side you must stay at truck.and follow Eu rules-we can t see-who break time need be near shopping centre or coffee machine,or anythink else.-follow rules drivers must just not work.realy full free dispose of time during break time -no possible.for me sometime better taked break in the bay.,but not at lay by at A-14.much better can rest

Please don’t take this the wrong way but ‘WTF’, if your translating your whole paragraph via google or bablefish try just doing it one sentence at a time.

Don’t get me wrong I have the utmost respect for anyone who speaks more than one language as us Brits tend to think English is spoken worldwide.

Kudos to you and please keep posting.

If on the other hand you are English (although your user name would suggest otherwise), can I have a pint of what you’ve been drinking. :slight_smile:

Dieseldoforme:
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Legislation Legislation Legislation.

I’m getting sick of it all - it’s starting to grip my testicles.

Just let me drive and stay accident free.
.
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Me too, I’m re-learning after 10 years away (12 years driving before that so I’m not a total novice).
I’m either working, driving or resting /having a break, this POA nonsense needs to stop.

10 years ago all of us at my yard thought this square with a line through it was for driving off road, course we didn’t have easy access to the internet then.

Course we also used tachos as frisby’s and tea cup coasters and manual entries and chewed up tachos where the norm not to mention speed limiter override switches. Has the EU intervention really made things any better. ?

Mike-C:

tachograph:
Anyway it doesn’t really matter because there’s no reason why break cannot be used if the driver is not working.

If the driver is recuperating and therefore not not carrying out any activities on the instruction of the employer break can be used.

I beg to differ, it does matter. Break is to be used ‘exclusivley’ for recuperation. Being under your employers instruction and ready to resume work can only be POA or Work.

tachograph:
If the driver is not working and knows approximately how long he will be waiting he can use break or POA.

Its not so simple. Also the test for if he can use POA will be when he tells the management he’s leaving site and he’ll be able to return to his station when requested.
Real life scenario is driver will put it on what mode suits him. But whats the correct one ?

OK fare enough, I accept that the waiting time technically cannot be POA but I still believe it can be break.

I don’t accept that you cannot use the time exclusively for recuperation just because you are ready to resume work.

Dieseldoforme:

m1cks:
Have you asked this manager why it can’t be classed as POA in his opinion?

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I mentioned this earlier . . .

He argued that a Driver cannot be available to work if there is
no vehicle for him to do some work in.

In other words, he is UNAVAILBLE to work because there is no truck.

:open_mouth:
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But there is a sweeping brush in the warehouse, and the directors wifes car is looking better for a polish :stuck_out_tongue:

It is either Break, or POA.

On the same logic as the manager, if there is no truck you cannot do any work either. But he is wrong.

DHL again?

Wheel Nut:
But there is a sweeping brush in the warehouse, and the directors wifes car is looking better for a polish :stuck_out_tongue:

It is either Break, or POA.

On the same logic as the manager, if there is no truck you cannot do any work either. But he is wrong.

DHL again?

I disagree, (that doesn’t mean I’m right) but it can’t be POA as from what I gather there needs to be an idea of how long the wagon is going to be. 5 minutes to 3 hours is so vague its irrelevant, I mean blimey I can guess my wifes orgasums to a more accurate time scale, even if I’m not present for most of them :blush:

Working or break should be fine or a mixture of the two.

Wheel Nut:
DHL again?

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MIND READER - NO COMMENT ! ! !
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Dipper_Dave:

Wheel Nut:
But there is a sweeping brush in the warehouse, and the directors wifes car is looking better for a polish :stuck_out_tongue:

It is either Break, or POA.

On the same logic as the manager, if there is no truck you cannot do any work either. But he is wrong.

DHL again?

I disagree, (that doesn’t mean I’m right) but it can’t be POA as from what I gather there needs to be an idea of how long the wagon is going to be. 5 minutes to 3 hours is so vague its irrelevant, I mean blimey I can guess my wifes orgasums to a more accurate time scale, even if I’m not present for most of them :blush:

Working or break should be fine or a mixture of the two.

Just ask the dude if there’s going to be a truck in the next 10 hours, he’ll prob say yes, that’ll do if you’re that arsed