I was stood up for 3 hours earlier waiting to unload, was I right to have it on POA? the boss is saying I should have had it on rest.
I’m not interested in running bent or bending the rules I like to play it straight, so was I right? I was always under the impression that rest is time the driver can dispose of freely away from the vehicle if they wish
Frost89:
I was stood up for 3 hours earlier waiting to unload, was I right to have it on POA? the boss is saying I should have had it on rest.
I’m not interested in running bent or bending the rules I like to play it straight, so was I right? I was always under the impression that rest is time the driver can dispose of freely away from the vehicle if they wish
DRIVERS CHOICE but if it was put on 3 hours of BREAK then that can also be used as part of a split daily REST 3+9 which is then regarded as a regular not reduced daily rest
To comply with REST the drive must be able to freely dispose of their time as they see fit even on the 3 hour bit of a split daily REST and they must have access to a bunk or couchette but the last bit is often overlooked
If the gaffer says use bed symbol and you agree but you cannot freely dispose of your time then it remains as BREAK and not REST for those 3 hours
Thanks
Sacked, guess I should have put it on break, oh well
Frost89:
Sacked, guess I should have put it on break, oh well
You were fired for selecting a legal mode 
- or was it something more
I think that just topped it off, I’m very funny with following the rules so if a tyre needs changing I’ll keep on about it until it’s done, like I did the other week with a retred that was peeling off, he just had the tyre put on the inside so you couldn’t see it, and I was paid on a day rate for a 10 hour day but he regularly wanted me to work longer days for the same money, and I was ment to get a load bonus paid monthly in arrears which kept getting put off getting paid to me. No loss back to agency tomorrow and I had an interview this week with a bigger company who want to take me on when then get new trucks in the next few months,
ROG:
To comply with REST the drive must be able to freely dispose of their time as they see fit even on the 3 hour bit of a split daily REST and they must have access to a bunk or couchette but the last bit is often overlooked
I guess it’s overlooked because it’s not in the regulations and appears to be something you’ve made up. You can’t overlook something that isn’t there in the first place. 
I personally put it on break at every opportunity because it’s clear cut and not ambiguous with regards to falsely clearing your driving time from your display. It helps that I don’t get time knocked off for breaks and I consider POA to be a crock of horsepoo that was invented when the powers to be realised what the effect of the 48hr week would actually be.
I digress, to the op I think that you should consider that you’ve had a lucky break by being sacked by what is clearly a fly by night company, and should thank your lucky stars that you’re out of there before you’re ending up touching your toes in front of the authorities.
ROG:
Frost89:
I was stood up for 3 hours earlier waiting to unload, was I right to have it on POA? the boss is saying I should have had it on rest.
I’m not interested in running bent or bending the rules I like to play it straight, so was I right? I was always under the impression that rest is time the driver can dispose of freely away from the vehicle if they wishDRIVERS CHOICE but if it was put on 3 hours of BREAK then that can also be used as part of a split daily REST 3+9 which is then regarded as a regular not reduced daily rest
To comply with REST the drive must be able to freely dispose of their time as they see fit even on the 3 hour bit of a split daily REST and they must have access to a bunk or couchette but the last bit is often overlooked
If the gaffer says use bed symbol and you agree but you cannot freely dispose of your time then it remains as BREAK and not REST for those 3 hours
ROG,
Isn’t the blue bit something to do with ferries and trains?
dieseldave:
ROG:
Frost89:
I was stood up for 3 hours earlier waiting to unload, was I right to have it on POA? the boss is saying I should have had it on rest.
I’m not interested in running bent or bending the rules I like to play it straight, so was I right? I was always under the impression that rest is time the driver can dispose of freely away from the vehicle if they wishDRIVERS CHOICE but if it was put on 3 hours of BREAK then that can also be used as part of a split daily REST 3+9 which is then regarded as a regular not reduced daily rest
To comply with REST the drive must be able to freely dispose of their time as they see fit even on the 3 hour bit of a split daily REST and they must have access to a bunk or couchette but the last bit is often overlooked
If the gaffer says use bed symbol and you agree but you cannot freely dispose of your time then it remains as BREAK and not REST for those 3 hours
ROG,
Isn’t the blue bit something to do with ferries and trains?
It is Dave, it’s for interrupted dail rest and nothing to do with split daily rest. A day cab driver could legally take a split daily rest.
Apologies if I got two regs mixed up
that’s the good thing about an open forum - such errors are picked up quickly 
the maoster:
I personally put it on break at every opportunity because it’s clear cut and not ambiguous with regards to falsely clearing your driving time from your display. It helps that I don’t get time knocked off for breaks and I consider POA to be a crock of horsepoo that was invented when the powers to be realised what the effect of the 48hr week would actually be.I digress, to the op I think that you should consider that you’ve had a lucky break by being sacked by what is clearly a fly by night company, and should thank your lucky stars that you’re out of there before you’re ending up touching your toes in front of the authorities.
^^ What he said ^^
I have enough to do without waiting for my tacho to wake up so I can start scribbling down numbers to work out when I actually need my next break because it’s reset itself. In my old job I was either on break or cross hammers, never used POA at all. In the 6 months I’ve been in this job, I’ve had 5 infringements, 2 were for a jam on the M25 which made me go over my 4.5 hours by 12 minutes and my duty time by 9, all the rest were for POA balls ups, so I just don’t use it any more.
ROG:
… such errors are picked up quickly
i am sorry but I have to agree with ROG on his view on the split daily rest, to comply with the rules, the 3 hours during the day must follow the same rules on the 9 hours taken at night, I draw you attention to this one line in the regulations.
When a daily rest is taken, this may be taken in a vehicle, as long as it has suitable sleeping facilities
and is stationary.
no where in the regulations does it say if you have a 3 hour BREAK you can count that towards a split REST.
This is just my personal view after read through the regulations several times.
wildfire:
i am sorry but I have to agree with ROG on his view on the split daily rest, to comply with the rules, the 3 hours during the day must follow the same rules on the 9 hours taken at night, I draw you attention to this one line in the regulations.When a daily rest is taken, this may be taken in a vehicle, as long as it has suitable sleeping facilities
and is stationary.no where in the regulations does it say if you have a 3 hour BREAK you can count that towards a split REST.
This is just my personal view after read through the regulations several times.
If I were a betting man I’d go with this too. Just had a quick look myself but couldn’t see find anything concrete.
It would definitely be odd if the requirements for the 3 hours were different to the 9.
I’d like to know for sure.
Terry T:
wildfire:
i am sorry but I have to agree with ROG on his view on the split daily rest, to comply with the rules, the 3 hours during the day must follow the same rules on the 9 hours taken at night, I draw you attention to this one line in the regulations.When a daily rest is taken, this may be taken in a vehicle, as long as it has suitable sleeping facilities
and is stationary.no where in the regulations does it say if you have a 3 hour BREAK you can count that towards a split REST.
This is just my personal view after read through the regulations several times.
If I were a betting man I’d go with this too. Just had a quick look myself but couldn’t see find anything concrete.
It would definitely be odd if the requirements for the 3 hours were different to the 9.
I’d like to know for sure.
in the regulations this is the first bit.
Alternatively, a driver can split a regular daily rest period into two periods. The first period must be at
least 3 hours of uninterrupted rest and can be taken at any time during the day. The second must be
at least 9 hours of uninterrupted rest, giving a total minimum rest of 12 hours.
Then the bit about split rests comes after it
A rest is an uninterrupted period where a driver may freely dispose of his time. Time spent working
in other employment or under obligation or instruction, regardless of the occupation type, cannot be
counted as rest, including work where you are self-employed.
I have always said that some one taking three hours break and counting it as rest is probably breaking the law, as being on a bay in my opinion would fall under the being under obligation or control.
Far be it for me to stick my nose in as I’ve only just found this part of site but I think rog was right all along. Ferry or no ferry 3 hours is still part of daily rest and if taken in vehicle must have something to lay down on. If you’ve got no bed I assume best you can do with those 3 hours is to use it as 45 minute break. What if you’ve got a roll up bed/mattress and lay down on that in the cab? Also it says if the rest is taken in cab. If it’s not taken in cab can you lay down wherever you want?