Drempels:
Question dodge
Let put it another way:
At work, I am under instruction. On my break, by definition, I must be free to dispose of my time. If I choose to clean my mirrors, that is my decision. I am paid to deliver and collect things, and drive the lorry. Part of that is securing loads, checking the vehicle etc.
All other work. All part of my duties whilst under instruction. If I sit and have a cup of tea for 15 mins, then decide to clean my mirrors, that is my decision, by virtue of the fact that I am free to dispose of my time as I see fit. If I felt the need to polish the diesel tank, I would do so. If somebody came along with a steam cleaner and asked me if I wanted to use it, I would decline, I don’t like washing lorries. I like clean mirrors, so I clean them. My decision. Do you understand now? If I don’t feel like cleaning them, I don’t.
If my boss rang me and told me to clean them, that would be very different. He would be asking me to do something during my free time, which would mean I was under instruction, and therefore not on break.
Do you see the distinction between choice and instruction?
Dude, I see what you’re saying, always have, but that don’t make it right.
As I’ve already told you, being free to dispose of your time as you wish is a requirement of rest, not break, same symbol 2 different things. Same goes for being under instruction - that’s rest too! You could be instructed to go wait over there, once there, you could put it on break, you could be instructed to go with Dave on a MM shift, you can be on break whilst Dave is driving.
Cleaning the vehicle is one of the things listed as other work, the same as load security, maintenance etc, cleaning the mirrors comes under that as they’re part of the vehicle. You can’t choose to rewire a u/s marker light on your break, even if you’re not expected to do stuff like that and the mechanic at the yard always does it
So you can’t choose to do that on your break, in the same way you couldn’t choose to be recovered once out of duty time. Because even if it’s your choice, even if you ain’t getting paid, doesn’t change the fact that that actively is other work, you can’t choose it not to be, that’s something that the ability to choose has been taken away from you.
If it’s a work activity, then it’s a work activity, it’s that simple, no need to try and over think it.