Hi all, I’m a newbee on here and only 4 years / 2 jobs driving class 2! I’ve had a good search on here but couldn’t find the info I wanted so thought I’d put the question/situation out there!
The story goes like this…
Simple run I have on nights, one straight run, 3hrs drive, 10 mins unloading, 2hr wait, 10 mins loading, 3hr drive back! Been doing it 3 years now!
Then the well known dispatch company got H&S in…
The depot there got us to sign a form stating we understand a new procedure that our keys have to be handed over while being unloaded/ loaded, and that we are only allowed back in our cab when informed to do so!.. Fair enough, H&S requires that the vehicle cannot be moved while loading/unloading!!
(I must state that my lorry stays on the bay for the whole 2hrs I’m there)
But when I asked the bay manager for my keys back after the 10mins unloading, he said no, I can’t have them, they have to be retained until I’m finished loading (1:50mins later!)
I told him I require my 45min rest break (recuperation) on my bunk… He said go to the canteen for your break!.. The argument went on for sometime until I solved it by suggesting he close the shutter so workers know the lorry is on rest!
Point is, is he in his rights to refuse me access to my cab when I’d like to recuperate/rest, rather than sit in an uncomfortable plastic chair, in a brightly lit canteen drinking crap weak coffee!
The form we signed said ‘while unloading/loading’… His extending it meaning the whole period!
As I said, I solved my problem by arguing my point, but there’s a lot of other drivers (40 odd) who are moaning that they are being refused access during rest periods!
Any heads up appreciated! There’s a lot of confusion here!!
What would you do if you drove a day cab?
You are not obliged to take a break on a bunk. It is quite legal to sit on a plastic chair with repeats of Emmerdale Farm on a black and white tV
Welcome to Trucknet-UK WolfCrafter 
As Wheel Nut said there’s no legal reason why you have to have access to your cab whilst on break.
As you’re there for two hours why not ask if you can drop the trailer on the bay, if they agree you can have the cab for the whole 2 hours without interruption.
Refusing a driver access to his bunk when he is on nights should be illegal. But the OP has found a compromise , for now anyway until some erse decides otherwise. This practice needs to stop. How ironic is it that they come up with this bull on grounds of H&S and then deny a driver an opportunity to refresh himself for going back on the road?
44 Tonne Ton:
Refusing a driver access to his bunk when he is on nights should be illegal. But the OP has found a compromise , for now anyway until some erse decides otherwise. This practice needs to stop. How ironic is it that they come up with this bull on grounds of H&S and then deny a driver an opportunity to refresh himself for going back on the road?
Could I ask why it should be illegal that a night driver cannot access his bunk? His night shift is just the equivelant of a day shift workers shift. He’s there to work not sleep. I would imagine some night shift workers probably use day cabs.
Either way - legal definition of a break is not driving, not working and able to use the time exclusively to recuperate. No requirement for a bed, bunk, canteen, hot food or any other such facility. From what was said the driver had a canteen to take his break in
Anyway - shouldn’t the title of this thread be 45 min BREAK - No access to cab? I really do wish people would ge tthe hang of which word to use. Break and Rest are two completely different activities. 
I agree with the point about day cab and access to bunk (or not in this case) but even in a day cab I’d rather be allowed to sit in a relatively comfy seat rather than a plastic canteen chair
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Hi there
What you could do is not lock your door (if safe to do so) and hand your keys in then go back to the truck, but before you do this ask the H&S if this is acceptable, you also must understand that your a guest on there property and there have the right to do this, there have not refused you a place to rest.
Del
shep532:
44 Tonne Ton:
Refusing a driver access to his bunk when he is on nights should be illegal. But the OP has found a compromise , for now anyway until some erse decides otherwise. This practice needs to stop. How ironic is it that they come up with this bull on grounds of H&S and then deny a driver an opportunity to refresh himself for going back on the road?
Could I ask why it should be illegal that a night driver cannot access his bunk? His night shift is just the equivelant of a day shift workers shift. He’s there to work not sleep. I would imagine some night shift workers probably use day cabs.
Either way - legal definition of a break is not driving, not working and able to use the time exclusively to recuperate. No requirement for a bed, bunk, canteen, hot food or any other such facility. From what was said the driver had a canteen to take his break in
Anyway - shouldn’t the title of this thread be 45 min BREAK - No access to cab? I really do wish people would ge tthe hang of which word to use. Break and Rest are two completely different activities.
Have a think about it. If you still don’t get it come back and I will explain all… 
44 Tonne Ton:
Have a think about it. If you still don’t get it come back and I will explain all…
Go on then - I give in. I don’t get it. Please explain the obvious point I must be missing 
shep532:
44 Tonne Ton:
Have a think about it. If you still don’t get it come back and I will explain all…
Go on then - I give in. I don’t get it. Please explain the obvious point I must be missing
Read the last sentence of my post.
44 Tonne Ton:
shep532:
44 Tonne Ton:
Have a think about it. If you still don’t get it come back and I will explain all…
Go on then - I give in. I don’t get it. Please explain the obvious point I must be missing
Read the last sentence of my post.
Do you only do cryptic clues? Still don’t get it. Why not just tell me
How ironic is it that they come up with this bull on grounds of H&S and then deny a driver an opportunity to refresh himself for going back on the road?
Are you telling me you can’t see any value in allowing a driver, particularly a night driver, the chance to do the above when he is otherwise just hanging about? Have you worked as a driver on days or nights?
44 Tonne Ton:
How ironic is it that they come up with this bull on grounds of H&S and then deny a driver an opportunity to refresh himself for going back on the road?
Are you telling me you can’t see any value in allowing a driver, particularly a night driver, the chance to do the above when he is otherwise just hanging about? Have you worked as a driver on days or nights?
Now why does it matter whether I have ever driven or not? I’ve actually worked days and nights all in one go serving in the Armed Forces as well as a good few driving jobs in civvy street.
The driver had almost 2 hours with access to a canteen to ‘refresh’ himself. Even as a night driver the driver has a responsbility to get sufficient rest/sleep etc before his shift. So when he turns up for his night shift he should be sufficiently rested to get through the shift without needing to go to bed.
He was well within the current rules and was only going to do a 6 hour drive in total. I do 4 hours just getting to and from work somedays but don’t get to bed in between.
shep532:
Now why does it matter whether I have ever driven or not? I’ve actually worked days and nights all in one go serving in the Armed Forces as well as a good few driving jobs in civvy street.
The driver had almost 2 hours with access to a canteen to ‘refresh’ himself. Even as a night driver the driver has a responsbility to get sufficient rest/sleep etc before his shift. So when he turns up for his night shift he should be sufficiently rested to get through the shift without needing to go to bed.
He was well within the current rules and was only going to do a 6 hour drive in total. I do 4 hours just getting to and from work somedays but don’t get to bed in between.
You sound just like way too many gaffers…
i seem to remember some old bollox squaddies have that goes like this, if you get the chance to sit down then sit down. If you get the chance to lie down then lie down. If you get the chance to sleep then SLEEP!
44 Tonne Ton:
You sound just like way too many gaffers…
That’ll be because I have been the gaffer for the last 10 years or so I have this strange theory that I was paying people to come to work and work! My security guards were quite upset when I took away their television and comfy chair - “But it’s a night shift and I’ll get bored!” they shouted. “Oh no you won’t - here’s your list of WORK to do during your shift”.
The amount of management time that goes into making sure a fleet of 70+ vehicles runs cost efficiently is unbelievable and a lot of that time is chasing up drivers sitting all over the country having breaks, rests and POAs when they are paid to be out delivering and could legally and safely be doing so.
I realise this discussion is futile as you see it from your point of view and I see it from mine and that will never change. But of course I’m right
44 Tonne Ton:
i seem to remember some old bollox squaddies have that goes like this, if you get the chance to sit down then sit down. If you get the chance to lie down then lie down. If you get the chance to sleep then SLEEP!
Yes this bollox is perfectly true … and a great bit of advice. However … this particular driver didn’t have the chance to sleep because some rules said he couldn’t. Just like when the squaddies get their heads down - if they all did it they all get their throts cut in the night Somebody has to be on duty and stand guard.
What the OP posted was perfectly legal and perfectly reasonable. But that’s my manager mentality speaking 
shep532:
44 Tonne Ton:
i seem to remember some old bollox squaddies have that goes like this, if you get the chance to sit down then sit down. If you get the chance to lie down then lie down. If you get the chance to sleep then SLEEP!
Yes this bollox is perfectly true … and a great bit of advice. However … this particular driver didn’t have the chance to sleep because some rules said he couldn’t. Just like when the squaddies get their heads down - if they all did it they all get their throts cut in the night Somebody has to be on duty and stand guard.
What the OP posted was perfectly legal and perfectly reasonable. But that’s my manager mentality speaking
Typical manager, all mouth and no ears.
44 Tonne Ton:
Typical manager, all mouth and no ears.
I’ll rise above replying with 'Typical driver … ’
Wheel Nut:
It is quite legal to sit on a plastic chair with repeats of Emmerdale Farm on a black and white tV
This would actually kill me. So I’d say that, under H&S, they would’ve have failed in their duty of care.