i work for a small company that require trucks to work, we do have deadlines to meet, and our trucks pay a vital part when it comes to keeping the company moving, i myself understand that to take a load of cleaned, recondition ibc’s out of site, dirty ibc’s, to be recondition going back to site on the return run is just as important as the deliveries, so do on busy days work that bit harder and better plan my breaks into my day at a time suits everybody, im not saying i’d put the tacho on break if i was doing other duties, but if im parked up with somebody else loading my trailer, providing im not required to help load it and im not going to be disturbed, or if i arrive back at site and my next load is an hour of being ready i would call this the perfect opportunity to get my break. The transport office dont tell us drivers when, and when not, to take a break, but if for example in one day, someone has done only 4 hours driving and 5 hours of everything else, then took a break, resulting in a collection being missed, transport have every right to have a go, surely somewhere in them 5 hours a break could have been taken. some drivers do seem to dispute this and would argue the office have no right in telling drivers whens a good time for a break, who’s right??
A similar question was asked the other day, the TM does have a right to say when you will have your breaks and plenty of companies work that way.
As an agency driver I’ve worked at a few places where you’re expected to have part or all of your break at a given destination while the vehicle is loaded/unloaded, it’s never been a problem for me or as far as I’m aware for most other drivers.
I’ve known one or two people complain about it but they are the exceptions, I guess to some extent it depends on the type of work you’re doing though
1984_carl:
i work for a small company that require trucks to work, we do have deadlines to meet, and our trucks pay a vital part when it comes to keeping the company moving, i myself understand that to take a load of cleaned, recondition ibc’s out of site, dirty ibc’s, to be recondition going back to site on the return run is just as important as the deliveries, so do on busy days work that bit harder and better plan my breaks into my day at a time suits everybody, im not saying i’d put the tacho on break if i was doing other duties, but if im parked up with somebody else loading my trailer, providing im not required to help load it and im not going to be disturbed, or if i arrive back at site and my next load is an hour of being ready i would call this the perfect opportunity to get my break. The transport office dont tell us drivers when, and when not, to take a break, but if for example in one day, someone has done only 4 hours driving and 5 hours of everything else, then took a break, resulting in a collection being missed, transport have every right to have a go, surely somewhere in them 5 hours a break could have been taken. some drivers do seem to dispute this and would argue the office have no right in telling drivers whens a good time for a break, who’s right??
The example you show is perfectly correct and as a conscientious driver one would hope and expect that to happen, but, I have known of similar occasions where a driver had announced that he would have to take a break before he left the yard having waited to be loaded even though they were not physically involved in the process. The reason often stated that they were ineffect on standby and felt they could not do so without risk of being interupted during a period of rest. Probably not the best career move but legally the choice of when a break is taken and for how long must always lie with the driver not with the Company. Any Company who may try to stipulate when breaks may or may not be taken would have a very rough ride in Court if that action had a direct or even indirect link to an accident say by a driver falling asleep at the wheel.
Slap Head:
legally the choice of when a break is taken and for how long must always lie with the driver not with the Company. Any Company who may try to stipulate when breaks may or may not be taken would have a very rough ride in Court if that action had a direct or even indirect link to an accident say by a driver falling asleep at the wheel.
I would disagree. As long as the company were operating within the given rules why would they be to blame? It would be a lot different if the driver took the break when the company said (but not when he wanted) and then rang in a while later and said “I’m tired I need a break” and the company said NO to this. But otherwise, if the driver then had an accident and blamed it on being tired wouldn’t the courts/authorities ask “Why didn’t you stop then?”
Of course a company can dictate when and where and for how long breaks are. They must however take into account a duty of care.