I was presented with an infringement letter today for exceeding 4.5 hours with only a 30m break. The manager couldn’t actually explain what the problem was (!?) so rang the analysis company who explained my break pattern was illegal.
Here is my day 2h DRIVE 30m BREAK 1h WORK 30m BREAK 3h DRIVE 45m BREAK 3h DRIVE 30m WORK
It seems they are ignoring the first 30m break. They say because no driving took place between the first 30m and the second 30m, this does not qualify as a split break (Min 15 and Min 30). Therefore they have taken the 2nd 30m as the first part and say the second part (which was 45m) didn’t take place until 5 hours of driving.
I wasn’t happy and rang them back. They are adamant the split break rule only applies if there is DRIVING between the split parts.
I rang the bloke I did my DCPC with (he generally knows what he’s on about) and he says they are wrong, then rang me back and said he honestly wasn’t sure and thought they “may have something” but would find out for me.
Now as far as I see it - 2h Drive, 30m Break, 1h work then 30m break gives me a fresh 4.5h drive.
the legal thing is that breaks for driving must interrupt the 4.5 hour driving time and both 30 mins with work between them do that
There is no legal requirement to do driving between breaks for the breaks to count and if they insist that there is then ask them to show you such a rule
Can’t see any fault with that… do a print out and re check your figures incase something changed tacho mode… but
2hrs drive . 30min break .1hr work . 30min break = reset
3hr drive . 45 min break = reset
3hr drive . 30.in work. End day .= a total duty including breaks of 11.hrs 15min.
Like I said check your tacho for breaks you may have been short especially if your clocking dead on 30 and 45 mins always go 17. 32 or 47 .
It seems the analysis is done by some bloke working out of his back bedroom. Some ex transport manager or something. Don’t think its a computer based thing, the infringement letters look to be hand typed.
He also sent another infringement for someone who started his shift, chart in and drove the wagon straight away to go get his trailer - then did his walk round check. This bloke sent an infringement for moving the vehicle without having done some work first. Yep - you’ve guessed it - he said drivers should show 15m other work before the vehicle moves. If they don’t they can be fined.
Anyway - been through it with the boss and he agrees no infringement and he’s thrown the report away Reckons he’ll be having a word with this bloke today
ex_reme_mech:
Now as far as I see it - 2h Drive, 30m Break, 1h work then 30m break gives me a fresh 4.5h drive.
What say the collective■■?
Whats wrong with that? To quote VOSA, you have “wiped the slate clean”.
Quite often, once I have wiped the slate clean (usually when pulling off the loading bay), I’ll pull forwards just enough to record a period of driving and then pop it onto another break and have another 15.
On the subject of tacho analysis companies, I have pointed out an issue with their software, which they have acknowledged but many months on and no update has been released. Not very good really.
Reckons he’ll be having a word with this bloke today 