Can you get done for it,i heard the Belgian police nicked a driver after seeing him sat in the drivers seat for a 45 min break,they waited until he moved off,they watched him in their binoculars.
What a load of BOLLOX !!! Who told you that?A stobbart driver??
Providing you are disposing of your time as you wish, then your are free to do as you please during your 45, or your daily/weekly rest for that matter.
For instance, contrary to some misinformed rumours, it is perfectly legal to take your break in your seat, whilst being tipped at an RDC (or anywhere else for that matter) provding you are free to dispose of your time as you please. Should you choose to spend your break sitting in your seat whilst someone else emties your trailer then that is your business. You could even get in the back and help them, provided it is your choice to do so!
FH16Globetrotter:
Providing you are disposing of your time as you wish, then your are free to do as you please during your 45, or your daily/weekly rest for that matter.
You can have a break sat in the drivers seat but you don’t have to be free to do as you wish for a break, you just have to be able to use the time exclusively for recuperation 
And what is the law for when a double man driving team,with having a rest on the bunk,while the vehicle is in motion,a driver i rescued from Italy,put all his smelly carrier bags on the bunk,so i could not rest there,as he was piping up that he would get a fine if there was no restraint on the bunk,resulting in a sleep in the passenger seat,which was not good.
The point with the resting in a drivers seat,was something to do with being at a work station.
There isn’t any law on sleeping in a bunk whilst the vehicle is moving ,but if you are in the top bunk and something unexpected happens,
You may end up in a s**ty heap in the passenger foot well,or in the co drivers lap,lol should it not have any restraints fitted cause your boss is too tight, you will also probably find that you will be on a looser for claiming compo if ur injured as a result, as all you will get is you shouldn’t of been in top the bunk whilst it was moving ,lol, I happen to know of someone who done it (broken collarbone,)
Thanks for the info,the driver was not grateful to be collected,i should have left him over Christmas,he was quite happy to stay in the Scania garage,in the rear of the garage,there was a room with a bunk and washing facilties,you dont see that in the UK.
toby1234abc:
Thanks for the info,the driver was not grateful to be collected,i should have left him over Christmas,he was quite happy to stay in the Scania garage,in the rear of the garage,there was a room with a bunk and washing facilties,you dont see that in the UK.
Answering these few questions should explain it all to you Toby 
As I understand the law, if you are in the drivers seat, with the keys in the ignition, you are deemed to be in charge of the vehicle. If you are found like that with too much alcohol in your blood, you can be done for drink driving, even though the engine is not running and you are not moving.
Whether the same applies to taking rest in the drivers seat, i’m not sure. In the past, when training new drivers, i have advised them to sit in the passenger seat to take thier break.
truckerjon:
As I understand the law, if you are in the drivers seat, with the keys in the ignition, you are deemed to be in charge of the vehicle. If you are found like that with too much alcohol in your blood, you can be done for drink driving, even though the engine is not running and you are not moving.
Whether the same applies to taking rest in the drivers seat, i’m not sure. In the past, when training new drivers, i have advised them to sit in the passenger seat to take thier break.
You can take a break in the drivers seat, you cannot clean your mirrors or headlamps.
As for the Drunk In Charge;
I think this recent case will set a precedent.
A Longtown man has been cleared of drink-driving after a short trial.
Stephen Johnston, 43, of The Square, was found asleep in his car and breathalysed in the early hours of February 6.
He was found to be twice the legal drink-drive limit but he had denied the charge of drink-driving.
At Carlisle Magistrates’ Court yesterday , prosecutor David Dunk told magistrates that police were informed after Mr Johnston was asleep in a silver Peugeot car parked on Delagoa Street in the city.
Witnesses said he was in the driver’s seat and had a jacket over his head. They said the car was being “revved up” noisily but the car was stationery.
The court was told that when officers arrived at 5.24am they found the car’s engine was running. Officers turned the engine off and removed the ignition key. Johnston smelt of alcohol, his eyes were glazed and speech slurred. He undertook a breathalyser test which he failed.
He was arrested and taken to Durranhill police station in Carlisle where he was again breath tested and had a reading of 85mg in 100ml of breath. The legal limit is 35mg.
Geoff Clapp, defending, told the court that Mr Johnston had been in the town the night before with a group of friends and his son.
He had drank around 10 pints of lager, left them during the night and walked back to his daughter’s home on Delagoa Street, where he had left his car parked. He had intended to stay at his daughter’s house but when he knocked on the door there was no reply and he didn’t want to knock too loudly in case he woke his grandson.
His daughter, Stephanie, told the court she did not hear her dad knocking because she was asleep.
Mr Clapp told the justices that his client had no intention of driving on the Sunday until he was to take his son to the railway station at about 7pm.
After a 15-minute deliberation, magistrates said there was probably no likelihood he was going to drive and found him not guilty of drink-driving.
12th April 2011
Published by newsandstar.co.uk
the same thing happened to me.i went drinking with a friend who i later became seperated from.i was suposed to be kipping at his house but on my return i could`nt rouse him so i got down in the back of my van.
during the night it became cold so i got in the drivers seat and started it up,next thing i new i was covered in glass with a copper leaning over me.
they locked me up and charged me with drunk in charge,but at court they kicked it out.
hubba hubba pig ■■■■■■■
oh and by the way,you are aloud to take a break in the drivers seat as long as you`re in posesion of a packed lunch
commonrail:
oh and by the way,you are aloud to take a break in the drivers seat as long as you`re in posesion of a packed lunch
Cheese and Pickle sandwiches, a kit Kat and a carton of Um Bongo!
toby1234abc:
Can you get done for it,i heard the Belgian police nicked a driver after seeing him sat in the drivers seat for a 45 min break,they waited until he moved off,they watched him in their binoculars.
yes…if u drive in new zealand 
FH16Globetrotter:
For instance, contrary to some misinformed rumours, it is perfectly legal to take your break in your seat, whilst being tipped at an RDC (or anywhere else for that matter) provding you are free to dispose of your time as you please. Should you choose to spend your break sitting in your seat whilst someone else emties your trailer then that is your business. You could even get in the back and help them, provided it is your choice to do so!
Since when has helping load or unload become permitted during a break as long as its “Your” choice?
Other work is other work in anyone’s eyes and if Vosa watched you doing that then checked your tacho you’d not be smiling after giving them that excuse 
A break is defined as an uninterrupted period of recuperation. You can take it sunbathing on top of the trailer if u want.
Davey Driver:
FH16Globetrotter:
For instance, contrary to some misinformed rumours, it is perfectly legal to take your break in your seat, whilst being tipped at an RDC (or anywhere else for that matter) provding you are free to dispose of your time as you please. Should you choose to spend your break sitting in your seat whilst someone else emties your trailer then that is your business. You could even get in the back and help them, provided it is your choice to do so!Since when has helping load or unload become permitted during a break as long as its “Your” choice?
Other work is other work in anyone’s eyes and if Vosa watched you doing that then checked your tacho you’d not be smiling after giving them that excuse
A break is any period during which a driver may not carry out any driving or any other work and which is used exclusively for recuperation. A break may be taken in a moving vehicle, provided no other work is undertaken.
Wheel Nut:
A break is any period during which a driver may not carry out any driving or any other work and which is used exclusively for recuperation. A break may be taken in a moving vehicle, provided no other work is undertaken.
Davey Driver:
Since when has helping load or unload become permitted during a break as long as its “Your” choice?Other work is other work in anyone’s eyes and if Vosa watched you doing that then checked your tacho you’d not be smiling after giving them that excuse
Just to make it clear, I HAVE argued this one in court, and WON! The definition of recuperation is up to the individual, I chose to recuperate by supervising the loading of a piece of machinery on a low-loader, and since I was not instructed to do so by anyone else then it was deemed to be my own choice and hence was valid a break under the regulations, contrary to what VOSA thought!
I cannot instruct one of my drivers to perfrom any form of work during a break, however if I myself choose to do so then that is my business and there is nothing that VOSA, the courts or any muppet on trucknet can do about it. And I have the (very expensive) legal precedent to enforce my personal policy.
The basis used was that of an owner driver who chose to polish his truck on his break, which was his own personal choice but under the VOSA interprestation of the rules was classed as other work, however as it was not commonly expected of an employee then it was deemed to be the choice of the individual, and hence did not come under the scope of “other work”.
I believe you have been very fortunate or you are mistaken, if you, as an owner driver put your vehicle on a bay at Lidl or Aldi, you are still working, not driving, but not recuperating either. Since EU 561/2006 was introduced in April 2007, it is intended to close loopholes and prevent tired drivers running over a family car
VOSA have been quite active in this, even though the discount supermarkets have prevented them coming on site. You may have been watching them loading the machine, but by driving it on or off or strapping it, you are not recuperating which is the reason for the EU drivers hours regulations.
Can you point me to this important legal precedent please, as it must be recorded and written into legal reference books as FH16 versus The Crown.
j.gooch:
What a load of BOLLOX !!! Who told you that?A stobbart driver??
Hear Hear
As they say in parliment