Insufficient breaks

I work for DHL via an agency.
They have introduced a new system for infringements. 1 infringement, 1 month on file, second 2 months up to 7 the dismissal.
On Friday I got a infringement and it reads as follow.
Started at 5h00. Did 15 min checks and drove onto bay. Prior 6h56 other work
Took POA from 6h56-7h31
Drove and other work until 10h21
Took 32 min break.
On my return I noticed that the tacho had cleared all driving time of ±2H34, so it read 00h00
10h53 drove and other work until12h12. Another 31 min break. (this should have cleared the tacho)
12h43, drove and other work until 15h35. Took a 32 min break (this generated an infringement)
16h07, drove and other work until 20h01

I now need to have a meeting to discuss. The last break should have been a 45, but why did it clear the driving time after the first break and include POA.
At not time did I drive more than 4.5 continuously without taking a 30 min or doing some other work.

Am I legal or not?

Aside from what you drove or what you worked, which needs to be more accurate, you started at 5am, and finished at 2001 hrs, 15 hours 1 minute.

Using POA on the tacho will reset your drive time although legally it does not.

Dav1d:
Aside from what you drove or what you worked, which needs to be more accurate, you started at 5am, and finished at 2001 hrs, 15 hours 1 minute.

Correction. 19h01. I added the 1 hour by mistake. On printout it is till 19h01.
Well spotted.

pokemon151:

Dav1d:
Aside from what you drove or what you worked, which needs to be more accurate, you started at 5am, and finished at 2001 hrs, 15 hours 1 minute.

On printout it is till 19h01.

Is that UTC or BST?
What is the start time on your printout?

We need more info re your driving time to answer your question accurately. As has been said, using POA mode can reset the driving time on the tacho but doesn’t clear it in a legal sense.

Set to UTC.
Inserted tacho at 5h16 and set out of scope to 5h00
3 min driving before POA of 35min to park up and wait to be loaded
2H42 driving before 32 min break
1h03 driving then 31 min break
2h28 driving the 32 min break
2h44 driving and park up at 19h01

The driving were not continuous before breaks as other work was carried out in between

Hope this helps?

pokemon151:
Set to UTC.
Inserted tacho at 5h16 and set out of scope to 5h00
3 min driving before POA of 35min to park up and wait to be loaded
2H42 driving before 32 min break
1h03 driving then 31 min break
2h28 driving the 32 min break
2h44 driving and park up at 19h01

The driving were not continuous before breaks as other work was carried out in between

Hope this helps?

POA wrongly resets the driving time on the digital tachograph so the first 32 minute break would have wrongly reset the driving time on the tachograph.

Legally the 31 minute break would have reset your driving time, after that you’ve done 4 hours 42 minutes driving with only a 32 minute break.

You can only really plead ignorance and learn from it.

Out of interest why did you put the tachograph on “out of scope” at the start of the shift :confused:

I think reading what he’s put he meant he made a manual entry as opposed to putting the tacho out of scope.
Also, as Tachograph says you did 5h 12m with only the 32 minute break. (I think his calculators broken but don’t hold it against him :wink:)

Out of interest why did you put the tachograph on “out of scope” at the start of the shift :confused:

Its the term we used with buses and I use it now. When I arrive at work I do other work and when finished checking off stock and ready to load I go to the lorry and insert tacho.
Set it for the time I finished the previous day and start current day, set other work then do my 15 min check.
Even if I drive the van for the day DHL required all movements to be logged.
If I’ve inserted tacho when I arrived at work it would take ± 5 min to arrive at lorry so I would still have to set it to start time.

pokemon151:

Out of interest why did you put the tachograph on “out of scope” at the start of the shift :confused:

Its the term we used with buses and I use it now. When I arrive at work I do other work and when finished checking off stock and ready to load I go to the lorry and insert tacho.
Set it for the time I finished the previous day and start current day, set other work then do my 15 min check.
Even if I drive the van for the day DHL required all movements to be logged.
If I’ve inserted tacho when I arrived at work it would take ± 5 min to arrive at lorry so I would still have to set it to start time.

That’s just referred to as a manual entry.
Out of scope is something totally different. It’s a setting on the tacho to show it’s being driven round a yard for shunting (for example) without a card in it.

pokemon151:

Out of interest why did you put the tachograph on “out of scope” at the start of the shift :confused:

Its the term we used with buses and I use it now. When I arrive at work I do other work and when finished checking off stock and ready to load I go to the lorry and insert tacho.
Set it for the time I finished the previous day and start current day, set other work then do my 15 min check.
Even if I drive the van for the day DHL required all movements to be logged.
If I’ve inserted tacho when I arrived at work it would take ± 5 min to arrive at lorry so I would still have to set it to start time.

m1cks:
I think reading what he’s put he meant he made a manual entry as opposed to putting the tacho out of scope.
Also, as Tachograph says you did 5h 12m with only the 32 minute break. (I think his calculators broken but don’t hold it against him :wink:)

10 out of 10 for that :smiley:

You’re right it is over 5 hours not 4 hours 42 :blush: :blush:

Either way it’s over 4½ hours driving :smiley:

Thanks for the clarification and advice.
So in a nut shell take it on the chin and accept the 1 month note to file and plead ignorance :smiley:

pokemon151:
Thanks for the clarification and advice.
So in a nut shell take it on the chin and accept the 1 month note to file and plead ignorance :smiley:

and then learn the regs , you aint driving a bus now :wink:

m1cks:
Out of scope is something totally different. It’s a setting on the tacho to show it’s being driven round a yard for shunting (for example) without a card in it.

Not by the driver it cannot because off road driving is still classed as driving under EU regs

Out of scope means the driver is outside of all EU regs

ROG:

m1cks:
Out of scope is something totally different. It’s a setting on the tacho to show it’s being driven round a yard for shunting (for example) without a card in it.

Not by the driver it cannot because off road driving is still classed as driving under EU regs

Out of scope means the driver is outside of all EU regs

Shunting around a yard is out of scope as long as it’s not part of a journey that will go onto public roads.

Off-road driving only counts towards EU driving time if it’s part of a journey that involves travelling on public roads.

tachograph:

ROG:

m1cks:
Out of scope is something totally different. It’s a setting on the tacho to show it’s being driven round a yard for shunting (for example) without a card in it.

Not by the driver it cannot because off road driving is still classed as driving under EU regs

Out of scope means the driver is outside of all EU regs

Shunting around a yard is out of scope as long as it’s not part of a journey that will go onto public roads.

Off-road driving only counts towards EU driving time if it’s part of a journey that involves travelling on public roads.

I assumed it was being shunted around by the same driver who was taking it out

No, we don’t have a shunt wagon at our depot. Also vehicles and trailers are serviced and parked on bays to be loaded before the driver turns up to take it out on the roads.

m1cks:
No, we don’t have a shunt wagon at our depot. Also vehicles and trailers are serviced and parked on bays to be loaded before the driver turns up to take it out on the roads.

Who moves the around the yard - the drivers taking them out of an internal shunter driver ?

Dedicated shunters

m1cks:
Dedicated shunters

So was the shunter driving it with your card in or have I got it wrong?