Had an infringement notice 5 in total for a 1 month period 1 accept as it was a exceeding driving hours by 40 min the others where 2 download faults when tm was trying to download card the ther other 2 are wtd related where i have had a 15 min break when they claim i should have had half an hour after 6 hours duty so would you go down the road of proving them wrong or just let it go / personally i have a mind to prove them wrong, whats the collectives thoughts ?
bjd:
Had an infringement notice 5 in total for a 1 month period 1 accept as it was a exceeding driving hours by 40 min the others where 2 download faults when tm was trying to download card the ther other 2 are wtd related where i have had a 15 min break when they claim i should have had half an hour after 6 hours duty so would you go down the road of proving them wrong or just let it go / personally i have a mind to prove them wrong, whats the collectives thoughts ?
sorry, but, what possible reason could you have for going 40 minutes over your driving hours?
as for the rest of it, the download faults, tell them to shove it, and the 6 hour rule, you was correct, you only need 15 minutes break after 6 hours
shuttlespanker:
bjd:
Had an infringement notice 5 in total for a 1 month period 1 accept as it was a exceeding driving hours by 40 min the others where 2 download faults when tm was trying to download card the ther other 2 are wtd related where i have had a 15 min break when they claim i should have had half an hour after 6 hours duty so would you go down the road of proving them wrong or just let it go / personally i have a mind to prove them wrong, whats the collectives thoughts ?sorry, but, what possible reason could you have for going 40 minutes over your driving hours?
as for the rest of it, the download faults, tell them to shove it, and the 6 hour rule, you was correct, you only need 15 minutes break after 6 hours
shuttle i was stuck in a traffis jam between juctions on the m1 every slight movement swallowing 2 min at a time passed the junction before toddington with loads of time got in services over time on 4 and a half
An infringement for going over driving time under an article 12 reason does not count as a legally prosecutable infringement
As for RTD infringements … well… apart from the company, who cares !!
ROG:
An infringement for going over driving time under an article 12 reason does not count as a legally prosecutable infringementAs for RTD infringements … well… apart from the company, who cares !!
and article 12 would be ? thanks in advance
bjd:
ROG:
An infringement for going over driving time under an article 12 reason does not count as a legally prosecutable infringementAs for RTD infringements … well… apart from the company, who cares !!
and article 12 would be ? thanks in advance
Article 12
Provided that road safety is not thereby jeopardised and to
enable the vehicle to reach a suitable stopping place, the driver
may depart from Articles 6 to 9 to the extent necessary to
ensure the safety of persons, of the vehicle or its load. The
driver shall indicate the reason for such departure manually on
the record sheet of the recording equipment or on a printout
from the recording equipment or in the duty roster, at the
latest on arrival at the suitable stopping place.
bjd:
the ther other 2 are wtd related where i have had a 15 min break when they claim i should have had half an hour after 6 hours duty so would you go down the road of proving them wrong or just let it go / personally i have a mind to prove them wrong, whats the collectives thoughts ?
Assuming your shift exceeded 6 hours, did you take a second 15 min break later in the day?
Taking 15 mins break prior to exceeding 6 hours of work is fine, however a shift where ‘working time’ is between 6-9 hours requires breaks totalling 30 mins (can be 2x15 mins or 1x 30 mins).
bjd:
Had an infringement notice 5 in total for a 1 month period 1 accept as it was a exceeding driving hours by 40 min the others where 2 download faults when tm was trying to download card the ther other 2 are wtd related where i have had a 15 min break when they claim i should have had half an hour after 6 hours duty so would you go down the road of proving them wrong or just let it go / personally i have a mind to prove them wrong, whats the collectives thoughts ?
That is article 12 covered
Download faults? What were they, accepted it isn’t your fault. You only have to make the card available, no more!
WTD, Let them show you why you were wrong.
Some companies may keep infringements on file and use them against you in the future. It is worth putting the company right if this is thecase
bjd:
Had an infringement notice 5 in total for a 1 month period 1 accept as it was a exceeding driving hours by 40 min the others where 2 download faults when tm was trying to download card the ther other 2 are wtd related where i have had a 15 min break when they claim i should have had half an hour after 6 hours duty so would you go down the road of proving them wrong or just let it go / personally i have a mind to prove them wrong, whats the collectives thoughts ?
Hand yourself in, you wicked JUGGERNAUT driver you! Tell him to stick it where the sun don’t shine, and file it under S in the bin! ■■■■■■ 
bjd:
Had an infringement notice 5 in total for a 1 month period 1 accept as it was a exceeding driving hours by 40 min the others where 2 download faults when tm was trying to download card the ther other 2 are wtd related where i have had a 15 min break when they claim i should have had half an hour after 6 hours duty so would you go down the road of proving them wrong or just let it go / personally i have a mind to prove them wrong, whats the collectives thoughts ?
Hand yourself in, you wicked JUGGERNAUT driver you! Tell him to stick it where the sun don’t shine, and file it under S in the bin! ■■■■■■
bjd:
every slight movement swallowing 2 min at a time passed the junction before toddington with loads of time got in services over time on 4 and a half
Thats a good point. I moved about 50 feet the other morning before i done my daily checks as it was in the way of someone, maybe took less than 10 seconds but it showed a minute of driving time. That will sup up driving time quick if your stop and start in trafic. Surprised me anyway.
Some companies may keep infringements on file and use them against you in the future. It is worth putting the company right if this is thecase
right on the money with that.
they can be and are counted up on a points basis when redundancy is in the air, depending on the companies methods of selection.
bjd:
Had an infringement notice 5 in total for a 1 month period 1 accept as it was a exceeding driving hours by 40 min the others where 2 download faults when tm was trying to download card the ther other 2 are wtd related where i have had a 15 min break when they claim i should have had half an hour after 6 hours duty so would you go down the road of proving them wrong or just let it go / personally i have a mind to prove them wrong, whats the collectives thoughts ?
With regard the RTD infringement’s
Your boss ™ as the regulation’s in a book on is shelf somewhere, when he looks at it he see the important things in it, not the unimportant ones.
As your boss get told about RTD(working time) and looks at and then decides how to go about implementing then in your terms and condition of work
so lets have a look
Breaks
7.–(1) No mobile worker shall work for more than six hours without a break.So the first thing there see is you have to have a break before or on 6 hours work
(2) Where a mobile worker’s working time exceeds six hours but does not exceed nine hours,
the worker shall be entitled to a break lasting at least 30 minutes and interrupting that time.So then he sees this bit and it says you nee to have 30 minutes if you work 6-9 hours
(3) Where a mobile worker’s working time exceeds nine hours, the worker shall be entitled to a
break lasting at least 45 minutes and interrupting that period.So then he sees this bit and it says you nee to have 45 minutes if you work exceeds 9 hours work
(4) Each break may be made up of separate periods of not less than 15 minutes each…
There then see this and there see that it can be split in to 15 minutes periods
(5) An employer shall take all reasonable steps, in keeping with the need to protect the health
and safety of the mobile worker, to ensure that the limits specified above are complied with in the
case of each mobile worker employed by him.
then there see this bit and to them at the TM it is the most important bit
So to the TM he as to look at it in a simple way and not end up giving out infringements to drivers, and decides that 30 minutes is the only way to go.
There tell you this, there your boss, there or the company that employ you, or there pay you, and therefor if you don’t follow there rules, there could and would use it to get you out, as you could put him or them in trouble.
Just because no one polices it doesn’t mean it could not happen.
There is also another side to only taking 15 minutes at 6 hours ( this could be why most infringements come about) you mite forget to take the other 15 or 30 minutes you need before your shift ends and that why i will always take 30 minutes RTD if it arises.
And finally my standpoint on this, the 15 minutes is a choice not a requirement.
Gembo:
bjd:
every slight movement swallowing 2 min at a time passed the junction before toddington with loads of time got in services over time on 4 and a halfThats a good point. I moved about 50 feet the other morning before i done my daily checks as it was in the way of someone, maybe took less than 10 seconds but it showed a minute of driving time. That will sup up driving time quick if your stop and start in trafic. Surprised me anyway.
This “swallowing two minutes at a time” is a bit of a myth - If the thing really did record two (or even one) minute of driving every time the wheels turned, you could end up with your driving time being more than your duty time! Once you understand how the thing works, it’s quite straightforward:
The tacho treats each minute of the day as a separate unit of time. If the wheels turn at all during a minute, then that minute is counted as “driving time”. In addition, if the minute immediately before and the minute immediately after have been flagged as “driving time” then the minute in between is also counted as “driving time” even if the wheels don’t turn. This is why the tacho sometimes appears to “grab” two, or even three minutes of driving time even when the wheels only turned for a few seconds.