roger red hat:
so i thought, ah, must be counted towards it
Why? Its not counted for the DECADE it has been in force. Are you seriously telling me you still don’t know how PoA works when its been in place for 10 years now?
no, I know exactly how it works, I just thought i would post this for the fun of it.
jeeze, some people just HAVE to have the 5 pence worth dont they
‘ill say this THAT WILL TEACH HIM!!!’ -insert shaking fist here-
moron.
thanks for the replies any guys, will stick to just using the break from now on.
weeto:
Yes it says take a break, but some may accept POA as being on break, or there would have been no reason for the regs to spec the digi tacho to clear driving time on Break and POA.
No, the reason for the digi tacho clearing driving time for both break and POA is as I posted earlier. The legislation regarding the digital tacho specification was laid down and passed before it had been decided how POA was to be regarded. The manufacturers could not start making the tacho units until that legislation was passed and the gun was jumped a bit on this. I don’t know of any country that accepts POA as break, other than the first 45 minutes for a driver with their card in slot 2 on multi-manning operations.
The manufacturers could change the units so they don’t clear down the driving time for POA very easily, it’s probably only a minor software change, but as there has been no change to the legislation on this matter they cannot do so and will continue to make and ship units that do clear the driving timer for POA until such time as the legislation is amended.
There is an easier solution to avoid driving timer resetting issues; don’t use POA. Unless you don’t get paid for breaks or you want to delay taking a break to avoid having to take another late into your shift there is no advantage to using POA over break. Also, looking at it from a legal point of view, as the requirements for break are less stringent than for POA, knowing the likely duration in advance isn’t required for a break, then a period is more likely to qualify as break before POA. The only requirements for a period to be break are you don’t do any work and you use it for recuperation.
Just say you park at loading point or tipping and you know your going be waiting a long time to get tipped or loaded so put it on break have your 45 mins rest.
Your still sitting there after 45 mins so put it on POA.
It stays on break instead of changing to POA.
Why is that?
weeto:
Yes it says take a break, but some may accept POA as being on break, or there would have been no reason for the regs to spec the digi tacho to clear driving time on Break and POA.
No, the reason for the digi tacho clearing driving time for both break and POA is as I posted earlier. The legislation regarding the digital tacho specification was laid down and passed before it had been decided how POA was to be regarded. The manufacturers could not start making the tacho units until that legislation was passed and the gun was jumped a bit on this. I don’t know of any country that accepts POA as break, other than the first 45 minutes for a driver with their card in slot 2 on multi-manning operations.
The manufacturers could change the units so they don’t clear down the driving time for POA very easily, it’s probably only a minor software change, but as there has been no change to the legislation on this matter they cannot do so and will continue to make and ship units that do clear the driving timer for POA until such time as the legislation is amended.
There is an easier solution to avoid driving timer resetting issues; don’t use POA. Unless you don’t get paid for breaks or you want to delay taking a break to avoid having to take another late into your shift there is no advantage to using POA over break. Also, looking at it from a legal point of view, as the requirements for break are less stringent than for POA, knowing the likely duration in advance isn’t required for a break, then a period is more likely to qualify as break before POA. The only requirements for a period to be break are you don’t do any work and you use it for recuperation.
OK, I get most of that thanks, what I dont get is drivers not getting paid for breaks, I guess your talking about over and above the usual 30 to 45 mins per day deduction, then any other break also getting deducted, say like the 3 hours sat on a bay getting tipped on break instead of POA, wonder how many drivers who are unfortunate to work for these firms that do deduct, have been asked to leave it on break for the full 3 hours just so they can do a 4th or 5th or even 6th 15 hr spread in the week, then have 3 6 or even 9 hours deducted from there wages, and no I wouldnt be suprised it this actually happens! nothing actually surprises me in this industry anymore.
weeto:
OK, I get most of that thanks, what I dont get is drivers not getting paid for breaks, I guess your talking about over and above the usual 30 to 45 mins per day deduction, then any other break also getting deducted, say like the 3 hours sat on a bay getting tipped on break instead of POA, wonder how many drivers who are unfortunate to work for these firms that do deduct, have been asked to leave it on break for the full 3 hours just so they can do a 4th or 5th or even 6th 15 hr spread in the week, then have 3 6 or even 9 hours deducted from there wages, and no I wouldnt be suprised it this actually happens! nothing actually surprises me in this industry anymore.
Yeah I meant extra breaks over and above the statutory 45 minutes. I don’t have an issue not being paid for 45 minutes of break, there are very few jobs where you get paid for your lunch break. people on here have posted that they don’t get paid if they spend extra hours on breaks, I cannot understand working for a company like that.
Unless you don’t get paid for breaks or you want to delay taking a break to avoid having to take another late into your shift there is no advantage to using POA over break. Also, looking at it from a legal point of view, as the requirements for break are less stringent than for POA, knowing the likely duration in advance isn’t required for a break, then a period is more likely to qualify as break before POA. The only requirements for a period to be break are you don’t do any work and you use it for recuperation.