Hi all,
I’ve been having problems with my transport office after putting in a grievance against a supervisor.
The transport office have inevitably circled the wagons and tried to get me by any means possible.
There first investigation concerns why it takes me on average 1 hour longer to do certain runs compared to colleagues, my answer is that I take my 45 minute break, I will not take it while undertaking other work, all other drivers put it on break while doing other work.
It turns out most of my colleagues put there tacho in, drive round the yard to register 1 minute, then take a 15 whilst doing their daily checks and paperwork then leave the yard 16 minutes after shift start.
Obviously, as I’m not a complete cowboy, it takes me a good 20 minutes, at least, to do my checks, another 10 minutes for paperwork and dont leave the yard until a good 30-40 minutes after my shift start, I then take a 45 minute break later in the day compared to colleagues 30 minutes. This is where I lose time to everyone else.
My question is: can you legally take a rest from driving after only 1 minute of drive time?
I always thought you had to have a minimum of 60mins of driving before you could register a break from driving.
Any advice would be gratefully received as I could literally lose my job of 8 years over this.
My question is: can you legally take a rest from driving after only 1 minute of drive time?
YES
As far as I’m aware there is no minimum amount of time from the start of shift to being able to take a working time break, which is all a 15 would cover.
However, if they are then doing checks while recording a break then they could run into problems as you are supposed to record a reasonable amount of time for your checks, and one minute simply won’t cover it.
If one of these clowns gets pulled, they’re ■■■■■■. But so is everyone else, as DVSA will come to the company to see if that driver was a one off, or standard for the company. Once they’ve audited the company and realised most of the drivers are the same, the company’s O licence will be in the shredder.
If your bosses expect you to effectively run bent, then you have to question if getting fired is really such a bad thing? Personally I’d be out of that door like a shot, and off to somewhere that has respect for drivers and the law
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You could potentially put it on break after 1 min other work. But vosa will do them for not showing 10-15 mins other work at start of shift
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mark1284:
You could potentially put it on break after 1 min other work. But vosa will do them for not showing 10-15 mins other work at start of shift
DVSA do not have a sanction for not showing 15 mins but they might ask if you did safety vehicle checks which could mean giving a reasonable explanation
CookieMonster:
As far as I’m aware there is no minimum amount of time from the start of shift to being able to take a working time break, which is all a 15 would cover.However, if they are then doing checks while recording a break then they could run into problems as you are supposed to record a reasonable amount of time for your checks, and one minute simply won’t cover it.
If one of these clowns gets pulled, they’re [zb]. But so is everyone else, as DVSA will come to the company to see if that driver was a one off, or standard for the company. Once they’ve audited the company and realised most of the drivers are the same, the company’s O licence will be in the shredder.
If your bosses expect you to effectively run bent, then you have to question if getting fired is really such a bad thing? Personally I’d be out of that door like a shot, and off to somewhere that has respect for drivers and the law
Sent from my SM-G973F using Tapatalk
You must do 1 minute of working time (driving or other work) for a break if at least 15 mins to count for the wtd
You must do at least 1 min of driving to have the 1st part of a split driving break