Okay if you have done 5 hours work and then get to your tip and get told you wont be tipped for 2 hours, so you go on poa and dissapear to the canteen, you return after 2 hours, and start work again… when is your working time break due?
Jenson Button:
Okay if you have done 5 hours work and then get to your tip and get told you wont be tipped for 2 hours, so you go on poa and dissapear to the canteen, you return after 2 hours, and start work again… when is your working time break due?
No later than 1 hour after resuming work.
Though if I was an employer I may have something to say to someone who spent 2 hours in a canteen on POA then had a break an hour later 
Jenson Button:
Okay if you have done 5 hours work and then get to your tip and get told you wont be tipped for 2 hours, so you go on poa and dissapear to the canteen, you return after 2 hours, and start work again… when is your working time break due?
In about 6 hours, if you want to keep yer job.
I know what you mean !.. but I know you can count POA as break when you are in a moving vehicle… like when you are a 2nd man… but what about in this situation - can you argue that some of your POA was break - or should you have done a 15min break, then changed to POA and then buggered off to the canteen?
POA effectively stops the clock on your working time.
The first 45 minutes of POA can be regarded as break but only if you’re the 2nd driver and not invlolved in any work,
If you don’t get paid for breaks, have the first 15/30/45 as break then switch it to POA, if you get paid for breaks then leave it on break. If you don’t get paid for either, then leave it on crossed hammers pull outside and then have a break.
In your scenario, you can do 1 more hours work before requiring at least a 15 minute break.
IIRC there was something that said you can’t sandwich a break in between bouts of POA, so it’s: Break POA or POA Break not POA Break POA
Jenson Button:
I know what you mean !.. but I know you can count POA as break when you are in a moving vehicle… like when you are a 2nd man… but what about in this situation - can you argue that some of your POA was break - or should you have done a 15min break, then changed to POA and then buggered off to the canteen?
POA cannot count as break except in a multi-manning situation, so in the circumstances you’ve described you would want to put the tachograph on break at some point.