I know what the interpretaion of that section of Article 7 is: which is to assume that the word ‘immediately’ follows the word ‘break’ however that word is missing from the wording of the original legislation.
Since Barristers argue the meaning of the wording of legislation every day, it is not beyond the realms of possibilty that one day one may argue that, as it stands, the wording implies ’ before the next period of driving commences’ when applied to 4hrs 30 minutes, but not to 4 hrs 31 minutes.
I aint an RM driver mate, but I would say no, …you aint driving too slow, you are presumably driving in a safe manner, despite the planning being too tight.
If/when you do start driving too fast to meet those schedules,.that is when sh. happens,.and dont let your planner tell you any different.
This is exactly why I would never do (or be able to hack) this type of work, but each to his own and all that.
I’ll just stick to my stress free tramping.
Sorry but the wording of the regulations do not imply that you should have a break before doing any more driving, the wording implies that you must take a break after accumulating 41/2 hours driving.
The DVSA guidance article is there to give a general explanation of the regulations in a way that people will easily be able to understand, it’s not surprising that the wording may not strictly follow the wording of the regulations otherwise they might just as well post the regulations
Tachographs are programmed to comply with the regulations, fortunately the DVSA guidance article also follows the regulations so there is no real difference
Yep, it’s always seemed daft to me that legally you can wear yourself out carrying heavy sacks around a warehouse for 11/2 hours then drive for 41/2 hours before having to have a break, but if you drive for 41/2 hours then do paperwork for a couple of minutes you’ll get an infringement
I’ve never heard of anyone being killed or maimed by falling asleep whilst driving a biro
With all due respect to you @tachograph, I realise you are invested in that particular way of interpreting the rules, but you have to take into account what was meant when the legislation was written and what you are saying is not what was meant.
Feel free to explain to us what was meant and how you know exactly what the bureaucrats who wrote the regulations meant when they wrote that “After a driving period of four and a half hours a driver shall take an uninterrupted break of not less than 45 minutes, unless he takes a rest period ”
I’m sure the DVSA will also be delighted to here what you know was meant as they seem to have got it wrong also [apparently]
I would suggest to step back for a second and think about it. The particular rule relates to driving time. Of course if you have time left in the six hours you can use it. Come on @tachograph.
Sorry, I have another question. Does it have to be 45 minutes as said above, or would 30 minutes suffice if you had taken 15 minutes break earlier in the drive?
As in @franglais’s post, if you’ve had a driving break of 15 minutes then you only need to have a 30 minute break after 41/2 hours accumulated driving.
Having said that, it’s better all round if you don’t gett to 41/2 hours accumulated driving time before having a 45 minutes break or a split 45 minutes break
edit: Just to add that wherever you see a 45 minute driving break mentioned in the rules it can always be split into 2 parts.
As you already know the split driving break is 15 minutes then 30 minutes in that order.
As I think others have suggested further up the thread, it’s always best to get your break in before it’s legally required but I’d say that applies especially to any large city and more especially to London
I can also confirm that getting exactly 9 hours daily rest doesn’t flag an infringement (if a reduced rest available obviously). Also, that exactly 11 hours rest doesn’t count as a reduced rest.
Interestingly, I was asked if I used my 45 minute break to help unload when I got back to the office today after I mentioned that the only way I could do any quicker than today was to have help unloading (I only lost around 30 minutes unloading and still ended up 1 hour over the planned duty time).
I hadn’t (and never would especially on a run with that much driving) but I wonder if that’s how that particular run sometimes gets done on time.
Got asked back to do it again tomorrow but am unavailable, but doesn’t seem like they have people jumping at that particular duty. Quite happy with that as I’d happily do it a couple of times a week
You can bet your life that some idiots will be sure as hell working through their breaks mate, drivers are their own worst enemies…didn’t ya know?
Maybe this is why it is planned in those time parameters in the first place , because those clowns make it look like it can be done that way,… so maybe your planner aint to blame after all.
I know it aint entirely legal…(or legal at all in fact,) but it would not be as bad if they did that, but took a ‘proper break’ later to make up for it…but they sure as hell won’t be.
I don’t know how long you’ve done this job mate, but you will eventually get to the stage like me…where NOTHING that some drivers do will surprise you any longer.
The job is awash with f/wits who will do anything that is derogatory to themselves without question…or without any resistance if they are told to.
And the rest of us unfortunate to work alongside them have to endure them.
