I have received an infringment for insufficent rest and I thought I had the correct rest.
Started work at 0600, got my truck at 0710, but in the manual entries gave myself a 15 min break at 0630 for 16 mins just to cover me and save me stopping later on in the day, and I was on other work for the remainder of the time before 0710. (No POA for me)
I then started to drive at 0747. On and Off driving and other work and then I took a 30 min break at 1409 to re-set my driving time (so I thought). I clearly missed the 6 hour WTD rule from at 1246, but I still have a Driving Infringment even though I have had 46 mins before 4.5 hrs driving.
Is this because I had a break before any driving, so the first 15 mins doesn’t count for my Drivers Hours breaks, but only the WTD??
steelgoon:
I have received an infringment for insufficent rest and I thought I had the correct rest.
Started work at 0600, got my truck at 0710, but in the manual entries gave myself a 15 min break at 0630 for 16 mins just to cover me and save me stopping later on in the day, and I was on other work for the remainder of the time before 0710. (No POA for me)
I then started to drive at 0747. On and Off driving and other work and then I took a 30 min break at 1409 to re-set my driving time (so I thought). I clearly missed the 6 hour WTD rule from at 1246, but I still have a Driving Infringment even though I have had 46 mins before 4.5 hrs driving.
Is this because I had a break before any driving, so the first 15 mins doesn’t count for my Drivers Hours breaks, but only the WTD??
Or is this just an error.
Surely a 15 min break counts for both??
Any advice greatly received.
You cannot have a driving break before doing any driving, so the 15 minute break counted for the RT(WT)R but not as a driving break.
If you had done some driving before the 15 minute break it would have counted as both a driving break and a RT(WT)R break.
All you can do is sign the infringement and learn from it
If you want to get an early 15 min break in take the truck for a quick spin around the yard then once you’ve got at least a minute of driving time under your belt then that’s good enough.
steelgoon:
I have received an infringment for insufficent rest and I thought I had the correct rest.
Started work at 0600, got my truck at 0710, but in the manual entries gave myself a 15 min break at 0630 for 16 mins just to cover me and save me stopping later on in the day, and I was on other work for the remainder of the time before 0710. (No POA for me)
I then started to drive at 0747. On and Off driving and other work and then I took a 30 min break at 1409 to re-set my driving time (so I thought). I clearly missed the 6 hour WTD rule from at 1246, but I still have a Driving Infringment even though I have had 46 mins before 4.5 hrs driving.
Is this because I had a break before any driving, so the first 15 mins doesn’t count for my Drivers Hours breaks, but only the WTD??
Or is this just an error.
Surely a 15 min break counts for both??
Any advice greatly received.
You cannot have a driving break before doing any driving, so the 15 minute break counted for the RT(WT)R but not as a driving break.
If you had done some driving before the 15 minute break it would have counted as both a driving break and a RT(WT)R break.
All you can do is sign the infringement and learn from it
to add if you put your card in and did NOT do any manual entries and put it straight on to break where No Work is recorded the 15 min wouldn’t count anyway.
I’ll sometimes pop the card in drive round to the wash, wash off the unit then drive to a parking slot and bang it on break for a 15,then go and load trailer, hook up get me notes then bang on to my delivery.
even though I have only done 6 min driving before my 1st 15min break I’m still legal in only having that 30min break later .
bald bloke:
If you want to get an early 15 min break in take the truck for a quick spin around the yard then once you’ve got at least a minute of driving time under your belt then that’s good enough.
Smoggie89:
I thought you had to do at least 2 hours driving before having a 15 ?
Nope, as long as you have driven and the tacho has recorded one minute of driving then you can have a break. So, as has been said, it could be as simple as driving your vehicle from where it is parked in one corner of the yard to another part of the yard. Whilst this is allowable, you should note that VOSA may take a dim view of it.
Smoggie89:
I thought you had to do at least 2 hours driving before having a 15 ?
You can have a driving break as soon as a period of driving shown on the tachograph, even if you’ve only done a minute of driving you can have a driving break.
Smoggie89:
I thought you had to do at least 2 hours driving before having a 15 ?
Nope, as long as you have driven and the tacho has recorded one minute of driving then you can have a break. So, as has been said, it could be as simple as driving your vehicle from where it is parked in one corner of the yard to another part of the yard. Whilst this is allowable, you should note that VOSA may take a dim view of it.
VOSA cant do squat no law has been broken and that’s why they changed the regs regarding breaks being that you have to have 15min first and 30min second because in the past you could do 8hrs 59min drive with only a 15min break …
Smoggie89:
I thought you had to do at least 2 hours driving before having a 15 ?
who told you that load of BS
Get in truck do checks pull across the yard 1min drive book 15 min break . that’s your 1st break and also your 1st 15 min requirement for the WTD.NO where in any part of the tacho regs does it state that you must drive for X amount of time before booking a break …
But really there is little point in treating it as a WTD break.
Smoggie89:
I thought you had to do at least 2 hours driving before having a 15 ?
who told you that load of BS
Get in truck do checks pull across the yard 1min drive book 15 min break . that’s your 1st break and also your 1st 15 min requirement for the WTD.NO where in any part of the tacho regs does it state that you must drive for X amount of time before booking a break …
But really there is little point in treating it as a WTD break.
Smoggie89:
I thought you had to do at least 2 hours driving before having a 15 ?
Nope, as long as you have driven and the tacho has recorded one minute of driving then you can have a break. So, as has been said, it could be as simple as driving your vehicle from where it is parked in one corner of the yard to another part of the yard. Whilst this is allowable, you should note that VOSA may take a dim view of it.
VOSA cant do squat no law has been broken and that’s why they changed the regs regarding breaks being that you have to have 15min first and 30min second because in the past you could do 8hrs 59min drive with only a 15min break …
I agree that whilst there has been no law broken, there are still H&S implications. Consider that a driver (heaven forbid) is involved in a serious RTC and it is noted by VOSA that the driver has taken a break shortly after starting and this is something that he repeatedly does, VOSA have every right to prosecute you.
Looking at it from a different angle, if you have a driver who drives four ten hours four times a week and on each day he reduces his rest daily rest and then has an accident, whilst he has not broken an tacho law, there are H&S implications here which would say that it is not right for a driver to be pushed to these limits.
Smoggie89:
I thought you had to do at least 2 hours driving before having a 15 ?
Nope, as long as you have driven and the tacho has recorded one minute of driving then you can have a break. So, as has been said, it could be as simple as driving your vehicle from where it is parked in one corner of the yard to another part of the yard. Whilst this is allowable, you should note that VOSA may take a dim view of it.
VOSA cant do squat no law has been broken and that’s why they changed the regs regarding breaks being that you have to have 15min first and 30min second because in the past you could do 8hrs 59min drive with only a 15min break …
I agree that whilst there has been no law broken, there are still H&S implications. Consider that a driver (heaven forbid) is involved in a serious RTC and it is noted by VOSA that the driver has taken a break shortly after starting and this is something that he repeatedly does, VOSA have every right to prosecute you.
Looking at it from a different angle, if you have a driver who drives four ten hours four times a week and on each day he reduces his rest daily rest and then has an accident, whilst he has not broken an tacho law, there are H&S implications here which would say that it is not right for a driver to be pushed to these limits.
if your gonna go down the H&S route RSPOA recommend a break from driving every 2hrs.
secondly if you apply H&S to anything you wouldn’t get out of bed would you
who told you that load of BS