Legal or Not ..... Split Daily Rests

gettin-on:

ne1lr:
I worked 13.5 hours every night, Monday to Friday with a minimum of 3hrs break, totally legal did the same job for almost 10 years.

U were illegal if for 10 years

Upto april 2007 it was 4 hrs not 3 but could be in 1 hr blocks
But wAs then 16 hrs and 8 off at night for split daily rest

After april 07 you would of been legal

Correct we used to have 4 + 8 under the old pre 2007 rules.

When I started driving in 79, I ran on local log books and fitted my hours into it in whatever way seemed legal, but hey, I was young and stupid in those days.

Boo9729:

tachograph:

Boo9729:
my TM is convinced it’s illegal and also believes that time on break goes towards working time and that I should be using POA !!

Neither break nor POA count towards working time, but using POA for all the time you’re waiting would mean you couldn’t do 15 hour shifts every day.

Here’s an early Christmas present for your TM :smiley:

Exactly what I told him on Friday…I shall pass on the Xmas present with great delight and maybe suggest he gets his own P45 to go with it :wink:

Maybe your TM should do a Driver CPC course on Drivers’ Hours/WTD rules■■?

Theres a good message here for TM’s & Planners.
Just give us the jobs to do and we will do them within the legal constraints as we are all card carrying dCPC-ers now.

If we say we need a break take our word for it because its easier to explain the workings of a computer to a worm than for your average layperson to understand drivers hours regs + theres no better way to grasp this stuff than by actually doing the job.

Course I realise there maybe card carrying dCPC-ers who didn’t do the tacho course but thats whats this forums for and do’t get me started on any silly twunts who did the same course twice just because they could. :wink:

Sorry for asking a question on your post but I’m baffled (easy to do)

I started at 5.15 on Friday, was tipping at Morrisons at Wakefield, so pulled in and put it on POA as there were quite a few lorries waiting I got 28mins in and was told I should of booked in at gate 5, so a little bit of buggering around got back to the first tipping point, sat waiting, so put it on break this time, 30 mins, so loaded out of Wakefield for London, so I thought 30 break, I would need another break of 30 minutes, which I had at Colsterworth.
So here’s where the confusion starts, on my way down to the Dartford crossing, the digi started flashing saying I was close to 4.5 hours driving!!!

So the question is, is why did I need to take another .5 hours to reset the digi card?

Your first 30 min break(coupled with the poa)probably reset the tacho.

You either didn’t put it on break for your first 30, or your second 30 was marginally under 30 mins. That is all that could’ve happened.

commonrail:
Your first 30 min break(coupled with the poa)probably reset the tacho.

A mate told me the same, but It’s been awhile since I drove full time, but how can POA count towards break? And reset your drive hours?

Well it doesn’t. What you do and what the tacho does are two different things.

Yeah sorry about that :blush: , as I never used POA I’d forgotten about it resetting the driving time. That’s obviously what happened.

Some tachos count poa as break…something to do with poa counting as break in europe(i think).
So…your 28 mins poa would be the first break in your first driving period.
Your 30 min break would be your second break in your first driving period…hence resetting the clock.
Your 30 min break at colsterworth would have been counted as the first break in your second driving period.

POA doesn’t legally count as break, but a digital tachograph will wrongly count POA as break and reset the driving time on the tachograph display if break/POA reaches 45 minutes.

That’s what i meant^^

If you had 30mins poa then 30mins brake your driving time will have reset
But after you second brake it won’t have even tho you then had a full 4.5 hours to use ,so you need to note what’s on your tacho when you stop for your secand 30mins of brake

So just because the digi head says I needed to take a break, I didn’t need to have taken one!!!

Cheers for the replies guys!

Stevie B71:
So just because the digi head says I needed to take a break, I didn’t need to have taken one!!!

Cheers for the replies guys!

Hold your horses Stevie! You did need to take a break, because the tacho wrongly reset your driving time you had in reality done 4 hrs 15 min driving with only a 30 min break. You needed to take ANOTHER 30 minute (minimum) break to properly reset your driving time.

This is the danger of using POA imo.

the maoster:
Hold your horses Stevie! You did need to take a break, because the tacho wrongly reset your driving time you had in reality done 4 hrs 15 min driving with only a 30 min break. You needed to take ANOTHER 30 minute (minimum) break to properly reset your driving time.

This is the danger of using POA imo.

I had, had 2 half hour breaks, the first in Wakefield, the second at Colsterworth, but to keep the digi head happy, I had to have a 3rd at West Thurrock when I’d only done about 2hours from Colsterworth!

Stevie B71:

the maoster:
Hold your horses Stevie! You did need to take a break, because the tacho wrongly reset your driving time you had in reality done 4 hrs 15 min driving with only a 30 min break. You needed to take ANOTHER 30 minute (minimum) break to properly reset your driving time.

This is the danger of using POA imo.

I had, had 2 half hour breaks, the first in Wakefield, the second at Colsterworth, but to keep the digi head happy, I had to have a 3rd at West Thurrock when I’d only done about 2hours from Colsterworth!

You didn’t need the last break when the tachograph started flashing, the 28 minutes POA and 30 minute break you had at Wakefiels would have wrongly reset your driving time on the tachograph display, legally when you left Colsterworth you was starting with a fresh period of 4½ hours driving but that’s not what your tachograph would have shown if you’d checked it.

The easiest way to verify this would be to do a printout for the day and check your driving time.

Best not to use POA unless you need to in my opinion.

Stevie B71:

the maoster:
Hold your horses Stevie! You did need to take a break, because the tacho wrongly reset your driving time you had in reality done 4 hrs 15 min driving with only a 30 min break. You needed to take ANOTHER 30 minute (minimum) break to properly reset your driving time.

This is the danger of using POA imo.

I had, had 2 half hour breaks, the first in Wakefield, the second at Colsterworth, but to keep the digi head happy, I had to have a 3rd at West Thurrock when I’d only done about 2hours from Colsterworth!

I had this a couple of times last year and was baffled , came on here and realised what was going on, if I use POA now and need a break I will do a printout or display on the taco to see what driving I’ve done, it’s a PITA if you don’t know about it… Does anyone know if the new tacos count POA towards break ?

Out of interest why do people even bother with POA? ? Just use break all the time, unless someone can tell me otherwise I just don’t see the point in ever using POA.