What is a break?

stevieboy308:

robroy:
Ok then how can you refute that sat in an unsuitable waiting room is not other work, being that it is their rules for their procedure for getting tipped ?
II aint bothered about ‘getting on the radar’ mate, as you put iit, I look upon a break as a necessity for my benefit, not something that you need to ‘‘get in’’ as some do.

I just get slightly stressed out about being in a place against my will in order to get tipped, so how am I going to feel as refreshed as having a proper break?
I did not say btw that I book a 45 right after leaving these [zb] holes, nor did I say I would not also ‘bang it on break’ if it was an advantage for me in some way.
If and when it suits me it makes sense, it is the ones who actually book it as a break and then carry on for another 4 and a half + or whatever, aka not having a proper rest, if not in regulation terms, then in reality, that I was having a pop at. :bulb:

Easy, are you doing any work? Nope = break, sat on my phone on facey or watching a program with me earphones in, I used to take me lappy in and plug it in, no one ever said owt! Kinda the same stuff I might do on a … Break!!

I think you’re going a bit far fetched with the artist licence about being there against your will, come on dude, you drove the [zb] there! It’s just sat in a room with a load of moaners! With jezza on the Tele for entertainment

If you feel fresh why not drive a 4.5 after? If you don’t stop, simple [zb], I’ve stopped for a kip after less than an hour loads of times and there’s loads of times I could of carried on fine loads after 4.5 as I’m sure we all have

You never ■■■■■ about being checked up on, tracked etc?

Look mate, we’re in a conversational cul de sac here.
It’s simple you see and do things your way, and I’ll see and do em mine.
So everything’s cool. :wink:

Roymondo:

no1dieselman:
I thought that a break had to be “exclusively for recuperation” which I argued must include being in a suitable location to recuperate. I see it is not clear cut.

The requirement is that a Break period must be used exclusively for recuperation (i.e. no work). There is nothing in the Regs to state that any particular facilities must be available or that any specific level of inactivity or relaxation has to be achieved/available. Breaks in other spheres of activity are similar - i.e. there is no specific legal requirement for a worker in any other employment to have access to comfy chairs, quiet solitude or food/drink during their Breaks, so why should Transport be treated differently?

I’d be inclined to make the argument that the conditions must still be restful and conducive to recuperation. Sat in a hellhole being jabbed by hot pokers is hardly recuperative, even if it only requires you to be passively present to endure it.

There’s obviously a spectrum of environments less harrowing than that, but broadly speaking, I’d say that if it doesn’t feel reasonably comfortable and it’s not a place where a reasonable person would feel relaxed and free from tension, then it’s not a break and the provision is not being made for recuperation.

It can be very much about the mood and psychological air of the environment also, not just a checklist of facilities. There is a big difference in the recuperative effect between being in a familiar and lively environment, even if it is otherwise dank and smelly, and being in a place where all people present feel like they’re in a prison cell under supervision and available to be called up to the dock, even if they are in recliner chairs with their feet up.

sammym:

stevieboy308:

robroy:
Ok then how can you refute that sat in an unsuitable waiting room is not other work, being that it is their rules for their procedure for getting tipped ?
II aint bothered about ‘getting on the radar’ mate, as you put iit, I look upon a break as a necessity for my benefit, not something that you need to ‘‘get in’’ as some do.

I just get slightly stressed out about being in a place against my will in order to get tipped, so how am I going to feel as refreshed as having a proper break?
I did not say btw that I book a 45 right after leaving these [zb] holes, nor did I say I would not also ‘bang it on break’ if it was an advantage for me in some way.
If and when it suits me it makes sense, it is the ones who actually book it as a break and then carry on for another 4 and a half + or whatever, aka not having a proper rest, if not in regulation terms, then in reality, that I was having a pop at. :bulb:

Easy, are you doing any work? Nope = break, sat on my phone on facey or watching a program with me earphones in, I used to take me lappy in and plug it in, no one ever said owt! Kinda the same stuff I might do on a … Break!!

I think you’re going a bit far fetched with the artist licence about being there against your will, come on dude, you drove the [zb] there! It’s just sat in a room with a load of moaners! With jezza on the Tele for entertainment

If you feel fresh why not drive a 4.5 after? If you don’t stop, simple [zb], I’ve stopped for a kip after less than an hour loads of times and there’s loads of times I could of carried on fine loads after 4.5 as I’m sure we all have

You never ■■■■■ about being checked up on, tracked etc?

Like Mr RobRoy I also don’t get paid for my 45 min break. So I take the same view as him.

Therefore in my own free time (which I’m not being paid for!) there is zero chance I’d be sitting in that room. Or sitting in a truck for that matter. So it wouldn’t go on break.

I only ever put it on a break where I can go for a walk and get some decent food outside the cab. If challenged I’ll tell them I’ll stick it on break if they are happy for me to walk off-site and do my own thing in my free time. Unless it was going to be a short day and I’d be done well before my 8 hours.

I really don’t get this militant attitude sticking to rules that don’t exist! ■■■■ me, if I were that bitter about the job I really hope I’d change jobs or industry! I really feel sorry for you lads living what must be your daily hell!

Chill the ■■■■ out lads and don’t let ■■■■ bother you so much!

Anyway, you ain’t reading what I’m writing, if I’m working at a firm that deducts 45 mins per day, then I’ll stop for my 45 when I want and by putting it on break legally whilst on a bay watching jezza, then I’m giving myself a whole load more options when and where I take said break. I also don’t come across how anyone would come across when I tell them I’ve only got half an hour drive time left before needing a 45 despite sat on my arse for the last 3 hours, it’s a bit of give and take, common sense, making my life easier and on the odd days when I do take the ■■■■ with breaks, it ain’t even noticed let alone anything said. I don’t understand why some people need to go hunting for drama , maybe it’s something to moan about? I ain’t a moaner, so I don’t know!

robroy:

stevieboy308:

robroy:
Ok then how can you refute that sat in an unsuitable waiting room is not other work, being that it is their rules for their procedure for getting tipped ?
II aint bothered about ‘getting on the radar’ mate, as you put iit, I look upon a break as a necessity for my benefit, not something that you need to ‘‘get in’’ as some do.

I just get slightly stressed out about being in a place against my will in order to get tipped, so how am I going to feel as refreshed as having a proper break?
I did not say btw that I book a 45 right after leaving these [zb] holes, nor did I say I would not also ‘bang it on break’ if it was an advantage for me in some way.
If and when it suits me it makes sense, it is the ones who actually book it as a break and then carry on for another 4 and a half + or whatever, aka not having a proper rest, if not in regulation terms, then in reality, that I was having a pop at. :bulb:

Easy, are you doing any work? Nope = break, sat on my phone on facey or watching a program with me earphones in, I used to take me lappy in and plug it in, no one ever said owt! Kinda the same stuff I might do on a … Break!!

I think you’re going a bit far fetched with the artist licence about being there against your will, come on dude, you drove the [zb] there! It’s just sat in a room with a load of moaners! With jezza on the Tele for entertainment

If you feel fresh why not drive a 4.5 after? If you don’t stop, simple [zb], I’ve stopped for a kip after less than an hour loads of times and there’s loads of times I could of carried on fine loads after 4.5 as I’m sure we all have

You never ■■■■■ about being checked up on, tracked etc?

Look mate, we’re in a conversational cul de sac here.
It’s simple you see and do things your way, and I’ll see and do em mine.
So everything’s cool. :wink:

Everything’s smooth.

FLC

Hey that’s schmooove

stevieboy308:
Anyway, you ain’t reading what I’m writing, if I’m working at a firm that deducts 45 mins per day, then I’ll stop for my 45 when I want and by putting it on break legally whilst on a bay watching jezza, then I’m giving myself a whole load more options when and where I take said break. I also don’t come across how anyone would come across when I tell them I’ve only got half an hour drive time left before needing a 45 despite sat on my arse for the last 3 hours, it’s a bit of give and take, common sense, making my life easier and on the odd days when I do take the ■■■■ with breaks, it ain’t even noticed let alone anything said. I don’t understand why some people need to go hunting for drama , maybe it’s something to moan about? I ain’t a moaner, so I don’t know!

Just to answer that, you also aint reading what I am writing.
I’ve said that I will do the same or similar.
As for dramatism…my will is to stay and rest in my cab,.I’m being told I can’t so in order to get tipped I have to sit somewhere I don’t want to…aka ‘against my will’ .

Also why is it with some of you guys, that the word ‘Militant’ is always used if ever someone dares to question something that you are told to do but do not agree with so avoid doing it,

no1dieselman:
This week I have dropped at a few RDCs for the first time and been subjected to imprisonment in their drivers rooms whilst being tipped. As you know these places are uncomfortable, smelly and recently too hot for comfort.
Normally when I tip I log it as a break. Sitting in the comfort of my cab with a cuppa and a wad I think this is reasonable. However the inhuman rdc wait I have logged as other work as it cerainly isnt restful. I am now getting a bit of stick for taking a break on top of this wait. Do the learned ones on here feel that I am correct in my position, or should I tow the line. Should not a break be restful?

quite right pal, record transport giving you crap and put on youtube

DickyNick:

Roymondo:

DickyNick:

no1dieselman:
This week I have dropped at a few RDCs for the first time and been subjected to imprisonment in their drivers rooms whilst being tipped. As you know these places are uncomfortable, smelly and recently too hot for comfort.
Normally when I tip I log it as a break. Sitting in the comfort of my cab with a cuppa and a wad I think this is reasonable. However the inhuman rdc wait I have logged as other work as it cerainly isnt restful. I am now getting a bit of stick for taking a break on top of this wait. Do the learned ones on here feel that I am correct in my position, or should I tow the line. Should not a break be restful?

I believe that If you were to follow the rules strictly then you shouldn’t be taking breaks in RDCs as much as many drivers do, because the time is free for you to dispose of as you wish. Your waiting where your told you have to wait. Obviously try telling a lot of planners and tm’s That…

If you were following the rules strictly, you’d be well aware that there is no mention of being “free to dispose of your time” where Breaks are concerned. That phrase only crops up with Daily Rest periods…

Silly me. Well I agree with OP anyway. No one should be expecting you to have a rest or break in some horrible sweaty rdc room.

Basically what there trying to tell you is, if you are given a time how long the unload will take then its POA otherwise other duties. because VOSA wait outside these places :open_mouth: and take your weeks wage.

ROG:

Concretejim:
A break is when your freely available to decide how you spend your time.

Imprisionment doesnt make you freely available

That is REST not BREAK

BREAK is simply time to re-cooperate

wrong

Harry Monk:

Concretejim:
A break is when your freely available to decide how you spend your time.

Imprisionment doesnt make you freely available

No, that’s a rest period where you can do that. A break is any time spent not driving the truck, or doing other related work and as miserable as RDC waiting rooms are, 45 minutes sat in one is a break.

Well if you go down the road ten mins later and kill someone we will see.

As soon as I saw the thread headline I knew this would be a multi-pager!

ROG:

Concretejim:
A break is when your freely available to decide how you spend your time.

Imprisionment doesnt make you freely available

That is REST not BREAK

BREAK is simply time to re-cooperate

explain

sweeper1gg:

ROG:

Concretejim:
A break is when your freely available to decide how you spend your time.

Imprisionment doesnt make you freely available

That is REST not BREAK

BREAK is simply time to re-cooperate

explain

Apart from spelling recuperate correctly Rog is spot on with the legal definition. Perhaps you should try to explain why he’s not.

the maoster:
Apart from spelling recuperate correctly Rog is spot on with the legal definition

My spelling needs to improve :unamused: :wink: :laughing:

Not doing other work or driving and sitting in a cab or in a waiting room etc is time RECUPERATING (spelt that right this time LOL)

It’s part of the job stop ■■■■■■■■ an move on
Failing that get another job ffs :unamused:

nick2008:
It’s part of the job stop ■■■■■■■■ an move on
Failing that get another job ffs :unamused:

Yeh why tf should we be bothered about having ‘‘Proper breaks’’ in our 15 hour days, the boss has to get what he can out of us.
And max driving hours, minimum rests…wtf are they all about, all that lost time kipping in yer bunk :unamused: , just crack on until you’ve had enough I say, there’s 24 hours in a day, not just 15. :bulb:
Part of the ■■■■ job, so stop ■■■■■■■■.

sweeper1gg:

Harry Monk:

Concretejim:
A break is when your freely available to decide how you spend your time.

Imprisionment doesnt make you freely available

No, that’s a rest period where you can do that. A break is any time spent not driving the truck, or doing other related work and as miserable as RDC waiting rooms are, 45 minutes sat in one is a break.

Well if you go down the road ten mins later and kill someone we will see.

I’m not giving my opinion on what the rules should be, just telling you what they are. On a rest period, you have to be free to dispose of your time as you choose. Take the kids to a preserved steam railway for the day for example. On a break, you are only required to spend a certain period neither driving the truck nor wheeling pallets to the back of the trailer etc. An RDC rest room is not a pleasant place to be, but spending 45 minutes in one does fulfil the requirements of the law on taking breaks.

As for what I do with regard to taking a further stationary period after being tipped somewhere, that largely depends on my mood and the attitude of the client. :wink:

ezydriver:
Dieselman, next time your office planners kick up a fuss, ask them if they’d like to sit on an uncomfortable plastic chair for 2 or 3 hours in a noisy, smelly room without any idea of when they are free to go and class it as their dinner break. Recuperation is as much (if not more) mental as it is physical. When my bay number is called out and I leave the waiting room, I often feel that I need a quiet break to recuperate from the experience of those horrible places. Also, sitting and waiting without knowing when you will be tipped has a different mental impact than knowing you are having 45 minutes without interruption.

I don’t know about most posters on here, but for me, there’s a world of difference in terms of recuperation between lying on the bunk in my own personal space, and sitting in an RDC waiting room for 45 minutes or more. If I get a proper break on my bunk I definitely feel much more refreshed and alert whilst driving.

ezydriver summed it up in one!

I’m salaried, and i’ll take a proper break when i see fit, and the very last place it would be would be in a bloody RDC holding cell, or on my type of work waiting for a bod for an hour to come out and undo a silo…which is more or less the same scenario.
Yes i might have to book a break whilst on remand to keep me legal for the tacho at an RDC, but when convenient i’ll be pulling up somewhere quiet when i can get out of the bloody lorry and eat me fruit or butty or whatever and brew a proper cup of char and stretch me legs.

If a delivery point treats you well and allows full use of canteen and decent facilites, then they find visiting drivers will bend over backwards to help them out in any way they can…that thankfully applies at several of our most regular large customers where we are treated as well as their own staff, allowed to use staff canteen/shop etc.

I don’t get the rush around like your arse is on fire attitude some seem to have over salary jobs, if you book breaks when you arn’t having them (or taking lieu time by stopping for the equivalent time once out of holding :unamused: ), then you are going to do more work for bugger all, the clock is still ticking.

Being reasonable is all most of us ask because most of us are reasonable, most of us arn’t thick enough to drive off the bloody bay whilst the forky is still unloading, nor are we going to mince about in a yard doing our level best to get mown down by a tug shunter, and i for one bloody refuse to make life any easier for the various levels of management who between them have made one size fits all rules to counter the stupidity of a tiny minority of half wits, whilst the rest of us are supposed to take this constant dumbing down unchallenged and be assumed/trained down to chimp level, No.