What actually is driving time?
i.e When you stop at a red light and you stop is that actually driving time?
on a digital tacho if it is more for a minute it will record as other work, i believe on an analogue tacho it goes to straight to other work as you stop.
i wouldnt try to work out your maximum driving times by counting it all as other work as you may get it wrong and be knee deep in the smelly stuff
According to the definitions contained within (EC) 561/2006. Driving time is the time recorded by the tachograph as ‘driving.’ 
I know at first reading this sounds strange, but it is kind of logical. If the tacho says you’re driving you’re driving, end of argument. This does lead to all kinds of arguments when trying to compare digital records with analogue, but these will start to reduce as a greater proportion of the vehicle on the road have digital tachos fitted. Most arguments come from the belief that you are only ‘driving’ a vehicle if it is moving. Case law says that you are ‘driving’ a vehicle if you are sitting at the controls in order to control the movement of the vehicle.
Given the Case Law, the definition in '561 makes more sense than when it is taken out of context.
geebee45:
According to the definitions contained within (EC) 561/2006. Driving time is the time recorded by the tachograph as ‘driving.’I know at first reading this sounds strange, but it is kind of logical. If the tacho says you’re driving you’re driving, end of argument. This does lead to all kinds of arguments when trying to compare digital records with analogue, but these will start to reduce as a greater proportion of the vehicle on the road have digital tachos fitted. Most arguments come from the belief that you are only ‘driving’ a vehicle if it is moving. Case law says that you are ‘driving’ a vehicle if you are sitting at the controls in order to control the movement of the vehicle.
Given the Case Law, the definition in '561 makes more sense than when it is taken out of context.
Does that mean that VOSA will only count the actual recorded driving time on the tacho as driving whereas the police will count the actual journey (not breaks etc) as driving 
Example - start driving at 6am and do not stop till 9.10am - tacho records 3 hours of driving time (the other 10 mins are light stops etc) but the actual journey driving time is 3 hours and 10 mins - which counts for what and who
In answer to your question ROG;
they can only count what the tacho has recorded as driving time, anything else it records will be counted as per the mode trace eg; work, availability or rest. OK, this can be hard with analogue charts using a hand analyser and no magnifier (accuracy +/- 2 minutes). But digitals produce consistent analysis times with no variation between Examiners / Officers when looking at activity duration.
I always understood that as a general rule,driving was any time spent behind the wheel with the engine running.
On the Merc Axors we have at the moment that are still using analogue tachos,(semi automatic,which default to DRIVE as soon as the vehicle moves irespective of the setting of the mode switch.There is no drive position on the mode switch of an analogue tacho),the driver monitor facility gives the drivers driving time only when the vehicle is moving.If stopped at traffic lights or in a queue it stops recording driving time.
i think that its all to complicated anyway including drivers tacho regs, it would have been alot better if the whole thing was simplfied right from the start.
im just learning to cope with a digi tacho and although at the moment find it easier but its still open to driver error. for us older drivers its more about paperwork/regulations/law etc and not “driving” a truck which most of us did safely in “the old days”. for the newer drivers etc its prob a good thing cos the bosses cant push you to much without them breaking the law as well.
overall its a good thing but lets see for the future 
I was watching some guy the other day in newport pagnell services, he had everything out except fingers and toes adding it all up 
if you have a digi tacho just do a print off for the last 24hrs and it tells you it all on the bottom 
eg: i did 13 hrs today only 5 of which were driving 6 poa 
and two 1hr breaks 