Can someone please confirm the legal status of this work pattern? Much more experienced drivers than me at work can’t seem to agree & I will likely be in this position next week and don’t fancy being the guinee pig and getting an infringement!
Drive 2 hrs, then 15 min break, 5 min other work then 1hr poa followed by 10 mins other work
(15 mins break taken, but tacho driving hours now zero’d due to rest of Europe recognising poa as a break in driving)
Drive 2 hrs, then 30 min break.
(45 min break taken, so under uk rule, driving hours zero’d (?)
Drive 2 hrs, then 15 min other work
Finally, last drive of 2hrs, but tacho starts flashing for a 4.5hr drive limit break 30mins into leg.
Question: Do you have to take a break as the tacho implies or as you have only had 45 minutes of recognised break are you ok to carryon for another 2hrs??
If this was on daily basis for a 6 day week it’s 60 hours if you don’t use POA for the 60 minutes. As this is the case, why not put it on other work for the hour?
I know that’s not an answer to your question but just a suggestion.
Thanks for the reply, the times are approximates, so could be longer. Also, the period of waiting is generally known in advance and the boss has stated that poa is to be used when waiting.
Also I forgot to add that as we don’t get paid breaks, please don’t say “don’t use poa, just stick it on break”
Nezza:
Question: Do you have to take a break as the tacho implies or as you have only had 45 minutes of recognised break are you ok to carryon for another 2hrs??
You’re fine to carry on driving for another two hours. As you’ve guessed the tachograph incorrectly resets your driving time when you use POA mode.
As said you’re fine for the last two hours driving.
As far as the rest of Europe recognising POA as break is concerned, I’ve heard this before but don’t know why they would, the regulations are clear about what’s break and what’s POA, and POA is not break.
I use POA as well as other work and Break but still can’t get my head around why we can’t simply use either other work or Break when not driving. Surely that’d be easier.
Basilbrush:
I use POA as well as other work and Break but still can’t get my head around why we can’t simply use either other work or Break when not driving. Surely that’d be easier.
BB
Unless your company have a rule about it, or you don’t get paid for all breaks, you can just use break or other work when not driving.
BB, we don’t use break as we don’t get paid them, if we used other work when we’re waiting to be loaded, it would reduce our available weekly working hours and could increase or average weekly working time over the 48 hour limit.