IS THIS AN INFRINGEMENT?

Yesterday my digital tacho read that I had a 41 minute break for 04:29 of driving. So I put it on break for 18 minutes thinking that It would add the total break time up to 45 minutes. When I drove off the display on the panel near the milometer said that my drivers hours were exceeded. I printed off the data which corroborated the above.

I have just looked at the rules on this which say you can split the 45 minutes into two. The 1st being a break of at least 15 minutes and the other of at least 30 minutes. So if I took as above a break of 41 minutes does that count as 30 minutes towards the required 45 minutes? Did my 18 minute break count as 15 minutes adding up to the required 45 minutes?

My instinct tells me its gotta be 15 then 30 and not in any other order therefore Ive got an infringement. By the way this was the first time Id used a digital tacho. Oh and has nayone got any tips on how the keep track of your driving hours. Im thinking simple and using a stopwatch. Any ideas are appreciated. Ta Otts

Yes I’m afraid the 41 minutes would only legally count for 15 minutes of a split break and the 18 minutes wouldn’t count for the break at-all, the first part of a split break has to be at-least 15 minutes and the second part has to be at-least 30 minutes and in that order.

+1. And may I say, beautifully explained! Pete :laughing: :laughing:

tachograph:
Yes I’m afraid the 41 minutes would only legally count for 15 minutes of a split break and the 18 minutes wouldn’t count for the break at-all, the first part of a split break has to be at-least 15 minutes and the second part has to be at-least 30 minutes and in that order.

As I thought thanks for that. Ill await my punishment. Otts

OTTS:
As I thought thanks for that. Ill await my punishment. Otts

Just do a print-out and write “Insufficient break taken due to misunderstanding rules on breaks” on it, VOSA are forgiving of accidental errors and they understand that drivers, especially newly qualified drivers, don’t always fully understand the rules.

VOSA look out for people who flout the law deliberately, I would seriously doubt they would ever in a million years prosecute you for an infringement such as this.

OTTS:
By the way this was the first time Id used a digital tacho. Oh and has nayone got any tips on how the keep track of your driving hours. Im thinking simple and using a stopwatch. Any ideas are appreciated. Ta Otts

On a Siemens digital tachograph, when the vehicle is moving press “OK” and the top left hand corner will show your driving time, when stationary press the down arrow and the same screen will be displayed.

This image shows 8 minutes driving time since the driving time was reset to 4.5 hours.

TachographShowingDrivingTime.JPG

To check your breaks when stationary press the down arrow and the bottom right hand corner of the screen will show the length of the current break, the top right hand corner will show the accumulated break since the last 45 minute break.

This images shows the current break has lasted 29 minutes and the accumulated breaks since the driving time was reset is 51 minutes, be aware that old tachograph still count breaks in 15 minute segments and does not calculate on the split break rules (15 then 30) so you need to keep an eye on that (I’m not sure about the latest tachographs as I haven’t used one).

Tachograph Showing Duration of Break.jpg

You can try this on the On-line digital tachograph simulator

tachograph:

OTTS:
By the way this was the first time Id used a digital tacho. Oh and has nayone got any tips on how the keep track of your driving hours. Im thinking simple and using a stopwatch. Any ideas are appreciated. Ta Otts

On a Siemens digital tachograph, when the vehicle is moving press “OK” and the top left hand corner will show your driving time, when stationary press the down arrow and the same screen will be displayed.

This image shows 8 minutes driving time since the driving time was reset to 4.5 hours.
1

To check your breaks when stationary press the down arrow and the bottom right hand corner of the screen will show the length of the current break, the top right hand corner will show the accumulated break since the last 45 minute break.

This images shows the current break has lasted 29 minutes and the accumulated breaks since the driving time was reset is 51 minutes, be aware that old tachograph still count breaks in 15 minute segments and does not calculate on the split break rules (15 then 30) so you need to keep an eye on that (I’m not sure about the latest tachographs as I haven’t used one).
0

You can try this on the On-line digital tachograph simulator

Just clicked on that link. Very informative. I think drivers hours are lacking in the tests that allow us to become qualified. My point is simply this. Why dont I know how to use a digital tacho, but am allowed to drive a class 2 rigid? It dosent make sense. Otts

Otts you will only be punished if you are stopped by VOSA I believe in the next 6 months or after so many hours of driving, (I think) whichever is first. Even then you may not be punished at all as Harry said, it is a genuine error.

This is precisely the sort of error the DCPC was designed to cut out.

Like it or loathe it, if the driver has done a module on drivers hours, there should be NO confusion over something as basic as the break requirements…it really doesn’t get much simpler.

The fact it was a digital tachograph is irrelevant, as the same rules apply to analogue as well…

Ignorance of the law is often no defence. That said, it would be harsh for VOSA to fine a newly qualified driver, but not unheard of.

DonutUK:
This is precisely the sort of error the DCPC was designed to cut out.

Like it or loathe it, if the driver has done a module on drivers hours, there should be NO confusion over something as basic as the break requirements…it really doesn’t get much simpler.

The fact it was a digital tachograph is irrelevant, as the same rules apply to analogue as well…

Ignorance of the law is often no defence. That said, it would be harsh for VOSA to fine a newly qualified driver, but not unheard of.

Maybe I’m mistaken but I don’t think I read that he took a DCPC course on drivers hours?

Sam Millar:

DonutUK:
This is precisely the sort of error the DCPC was designed to cut out.

Like it or loathe it, if the driver has done a module on drivers hours, there should be NO confusion over something as basic as the break requirements…it really doesn’t get much simpler.

The fact it was a digital tachograph is irrelevant, as the same rules apply to analogue as well…

Ignorance of the law is often no defence. That said, it would be harsh for VOSA to fine a newly qualified driver, but not unheard of.

Maybe I’m mistaken but I don’t think I read that he took a DCPC course on drivers hours?

Hence the use of the conditional “if” in my second sentence. I have no idea whether the OP did a course on drivers hours, i merely remarked that IF they had, then there should really be no confusion over the requirements.

Hope this helps.

DonutUK:
This is precisely the sort of error the DCPC was designed to cut out.

Like it or loathe it, if the driver has done a module on drivers hours, there should be NO confusion over something as basic as the break requirements…it really doesn’t get much simpler.

The “NEW” regulations have been in force for over 5 years now, it should be almost second nature to know that and anyone in an RDC should be able to tell you what the rules are.

Wheel Nut:
…and anyone in an RDC should be able to tell you what the rules are.

The only rules you’ll learn about in an RDC from another driver (usually the one that won’t shut up) are the rules of engagement when balancing on The Balcony.

MADBAZ:

Wheel Nut:
…and anyone in an RDC should be able to tell you what the rules are.

The only rules you’ll learn about in an RDC from another driver (usually the one that won’t shut up) are the rules of engagement when balancing on The Balcony.

Yep, no need for the DCPC, spend 35 hours in a Tesco RDC waiting room and you’ll know everything there is to know about the industry. :wink:

Harry Monk:

MADBAZ:

Wheel Nut:
…and anyone in an RDC should be able to tell you what the rules are.

The only rules you’ll learn about in an RDC from another driver (usually the one that won’t shut up) are the rules of engagement when balancing on The Balcony.

Yep, no need for the DCPC, spend 35 hours in a Tesco RDC waiting room and you’ll know everything there is to know about the industry. :wink:

dammit i got tipped in 34 the other day so close but so far away :stuck_out_tongue:

DonutUK:

Sam Millar:

DonutUK:
This is precisely the sort of error the DCPC was designed to cut out.

Like it or loathe it, if the driver has done a module on drivers hours, there should be NO confusion over something as basic as the break requirements…it really doesn’t get much simpler.

The fact it was a digital tachograph is irrelevant, as the same rules apply to analogue as well…

Ignorance of the law is often no defence. That said, it would be harsh for VOSA to fine a newly qualified driver, but not unheard of.

Maybe I’m mistaken but I don’t think I read that he took a DCPC course on drivers hours?

Hence the use of the conditional “if” in my second sentence. I have no idea whether the OP did a course on drivers hours, i merely remarked that IF they had, then there should really be no confusion over the requirements.

Hope this helps.

I didnt do any CPC as I passed my car test in 1988 in the Army. As I said earlier, I think It unwise to allow someone such as me to drive a rigid without having a real understanding of the drivers hours. The stuff you do in the theory test just isnt inappropriate. That said, I have now got myself genned up and im gonna record my hours on a stopwatch. Knowledge is Power.

no cpc for me either… i didn’t know how to fill out an analogue card or even insert it correctly.

this site got me sorted. take a look.

http://www.tachomaster.co.uk then go to the documents section and there you can download all sorts of pdf guides for both types of tachos and even a ‘how to’ fill the card out properly.

yeah the stopwatch will help you. i sometimes use the countdown timer on my watch (useful only when i remember to stop it when i’m at a drop). or your wagon may even have a trip timer. i use the one on my daf all the time.

i reckon you’ll not make this mistake again. it’s early days for us all pal.

How will a stop watch help you if you’re driving a vehicle with a digital tachograph :confused:

It matters not one bit what your stopwatch says it’s what’s on the tachograph that’s important, for instance there have been a few posts on here where drivers have had insufficient break simply because they calculated the break duration using the start and finish times when in fact the tachograph display is always right.

It’s the same with driving time, why use a stopwatch when the time you need is on the tachograph display, also given that the driving time will often click over to the next minutes after you’ve stopped, a stopwatch is likely to lead to problems on any occasions when you maximise your 4.5 hour driving time.

Sorry but I just don’t get this fascination with watches and various other gizmo’s when the important information is clearly displayed on the tachograph :confused:

A stopwatch may be of some help when you’re using an analogue tachograph but it’s totally pointless when using a digital tachograph in my opinion.

A dcpc module on drivers hours doesnt cover the use of digi tachos . Yet these are becoming the industry norm ! How many drives out their have been bamboozled by a stoneridge unit .? E.g how do u get the bloody card in? So what good is dcpc overall if it doesn’t cover how to use em

tachograph:
How will a stop watch help you if you’re driving a vehicle with a digital tachograph :confused:

It matters not one bit what your stopwatch says it’s what’s on the tachograph that’s important, for instance there have been a few posts on here where drivers have had insufficient break simply because they calculated the break duration using the start and finish times when in fact the tachograph display is always right.

It’s the same with driving time, why use a stopwatch when the time you need is on the tachograph display, also given that the driving time will often click over to the next minutes after you’ve stopped, a stopwatch is likely to lead to problems on any occasions when you maximise your 4.5 hour driving time.

Sorry but I just don’t get this fascination with watches and various other gizmo’s when the important information is clearly displayed on the tachograph :confused:

A stopwatch may be of some help when you’re using an analogue tachograph but it’s totally pointless when using a digital tachograph in my opinion.

did the op state that he is driving vehicles fitted only with digital tachographs…? :confused: