geebee45:
Having read through this thread I cannot see, along with the majority of posters on here, how āhaving a choiceā can have an effect on whether being involved in the physical act of unloading a vehicle is viewed as other work or not.
In my mind the definition of break is unambiguous; a driver cannot do any driving or other work, I fail to see how shoving a pallet truck up and down a trailer can be viewed as anything other than work. Nor would it be OK to put the tacho on break whilst you fuel up and try and make the exercise last 15 (or 30) minutes, but I think a few others have discussed this action before.
In my view you would be quite OK taking a break sitting in the drivers seat whilst your vehicle is unloaded.
If this decision was made at Magistrates Court then it will only be binding on other Magistrates hearings. If the circumstances are as described Iām very surprised it wasnāt taken to appeal, where the outcome might be totally different.
If been going to the gym a lot lately trying to remove the super single that has developed around my middle in the last few years so could I not argue me loading or unloading is my choice of exercise for the day
Or would reading truck&driver count as work or should I just read viz on my break lol