If you’re paid by the hour and the assessor says you can’t take a break on a loading bay then take it as company policy and enjoy the extra time sitting on the loading bay enjoying the free time while your tacho sits on other work.
If you’re on a daily rate and you are told not to go on break on the bay, take it as company policy, be careful of trying to get the job done quickly as you might find instead of going home a couple of hours early, you get a “quick” run just to finish off your day.
However on the principle of driver hours regs on breaks, I had exactly the same discussion with a DCPC trainer a couple of week ago, he said you can’t take break on a loading bay, I disagreed with that stating the regs.
A break
A break is any period during which a driver may not carry out any driving or any other work and which is used exclusively for recuperation. A break may be taken in a moving vehicle, provided no other work is undertaken.
No mention of not being in the vehicle while sat stationary, no mention of it not being a break if the vehicle is being unloaded.
The DCPC trainer replied “But I might be asked to move the truck while on break”
Although according to him it’s ok to have a break sat in a driver’s waiting room while your truck is being unloaded on a bay,” Which seemed illogical as you might be asked to leave the waiting room to move the truck.
When I continued to challenge him, he brought out the DVSA say it’s not allowed argument.
At this point I gave up, because I thought the guy was a ■■■■ and I don’t actually do work where I’m sat on loading bays, so the point seemed irrelevant.
To be honest by the end of the course he’d said enough for me to confirm my early opinion of him.
Just to point out I don’t think all DCPC trainers are crap, but out of the 6 that have taken courses I’ve been on, I think 3 weren’t really very good. 1 was excellent and the other 2 were ok.