evofq360:
I ink I read somewhere when resting you have to be out of the drivers seat ?
No mate, you can have a break in the drivers seat, I suppose you could even have a daily rest period in the drivers seat as long as there’s a bunk in the cab.
But you must be able to use a break exclusively for recuperation, I don’t really see how anyone could claim time at traffic lights as time being used exclusively for recuperation.
Blimey if you was on domestic regulations sat at traffic lights is classed as driving, it’s only for EU regulations that it can be counted as other work.
ROG:
VOSA have to prove a driver was working if they suspect using break was wrong
If stopped at lights for a minute and relaxing with the handbrake on is the driver working?
It really is time to stop digging now ROG.
The offence is that by leaving the mode switch on the bed symbol, the driver failed to operate the mode switch when driving/working.
The little red arrow is in 3821/85 Article 15(3)
Click on pic to see full size:
There’s a poor attempt at a body swerve here, but the defenders have it covered with a solid tackle…
ROG:
Unless the laws on that have changed in the last 5+ years
I’ve quoted from 3821/85, which was made in… err… hmm… about 1985ish, which is a lot more than you’ve tried to cover your arse for.
It’s a single issue question on the legality of leaving a tacho mode switch set to the bed symbol whilst driving, including whilst waiting at traffic lights etc, so please use your ‘phone a friend’ option to check this out, and please don’t forget to post up the independent answer you get.
ROG:
VOSA have to prove a driver was working if they suspect using break was wrong
If stopped at lights for a minute and relaxing with the handbrake on is the driver working?
I suppose is the same argument that applies when using a mobile when stuck in traffic. The argument is you are still in charge of the vehicle although stationary.
If you are still in charge of the vehicle then you cannot be resting.
As any break has to be 15 minutes minimum, what do you gain by leaving it on rest anyway?
ROG:
VOSA have to prove a driver was working if they suspect using break was wrong
If stopped at lights for a minute and relaxing with the handbrake on is the driver working?
I suppose is the same argument that applies when using a mobile when stuck in traffic. The argument is you are still in charge of the vehicle although stationary.
If you are still in charge of the vehicle then you cannot be resting.
As any break has to be 15 minutes minimum, what do you gain by leaving it on rest anyway?
That was my first thought. What is the point of risking the wrath for no benefit??
