Coffeeholic:
ROG:
Would that only be break if under double manning rules?How would you be under multi manning rules if you have been collected because you have run out of driving time?
Rog doesnt read all of the posts, what a surprise.
The question about double manning was asked and answered
DaveRichards:
Ok thanks that’s what I thought lol next question I’ve driven 10 hours worked 13 if the boss was to pick me up and take me back to the yard that counts as other work right?
ROG:
Coffeeholic:
ROG:
Would that only be break if under double manning rules?How would you be under multi manning rules if you have been collected because you have run out of driving time?
Ok so not under DM rules
How do you explain what is stated in this quote from 561/2006 ?
I don’t see a reason to explain it as it is pretty obvious but if you insist.
‘break’ means any period during which a driver may not
carry out any driving or any other work and which is
used exclusively for recuperation
DaveRichards:
Ok thanks that’s what I thought lol next question I’ve driven 10 hours worked 13 if the boss was to pick me up and take me back to the yard that counts as other work right?
According to the quote from 561/2006 it can count as POA or other work depending on what you are doing and in your case as a passenger you have the choice
According to the same quote that time cannot be break or rest
If I have mis-interpretted that quote then I apologise but it seems clear to me …
- Any time spent travelling to a location to take charge of a
vehicle falling within the scope of this Regulation, or to return
from that location, when the vehicle is neither at the driver’s
home nor at the employer’s operational centre where the
driver is normally based, shall not be counted as a rest or
break unless the driver is on a ferry or train and has access to a
bunk or couchette.
You are being driven back to the yard and you have reclined the passenger seat and are currently studying the inside of your eyelids or playing a game on your phone, watching a video or something similar. It’s taking a while because you are crawling along on a traffic jam and once clear of this one you have heard there is another just ahead before you can divert Now what can you record that as? You’re not driving so that’s out. You’re not doing other work, you’re just relaxing so that’s out. You have no idea how long it’s going to take because of the traffic situation so POA is out and you haven’t finished your shift yet so it isn’t rest. What does that leave?
You can’t record it as nothing but when it comes down to it in the real world it doesn’t really matter what you record it as just as long as it is recorded because you are still at work.
The quote is flawed, what does having access to a bunk or couchette and only being on a train or ferry have to do with meeting the requirements of break? Nothing, they are part of the requirements for rest. You can take break in a moving vehicle but rest can only be in a moving vehicle if that is a ferry or train. You don’t need access to a bunk or couchette for break only for rest if you are taking it in a vehicle, truck, ferry or train. The only requirements for break are no work and relaxing.
Coffeeholic:
The quote is flawed
I could be missing something here but if that is a quote from the regulations then flawed or otherwise does it not specifically forbid you from recording time as break while being driven to/from a vehicle? Surely the definition of a break is irrelevant if the regulations specifically forbid you for using it in a given situation?
To make a silly example, if the regulations said “you may not take a break whilst parked in Toddington services” then even if you met every other requirement for break then it would not be valid if you happened to be parked there. Surely this is broadly the same, i.e. even if you meet all the normal requirements of break the rules specifically exclude it as an option in this case.
Paul
repton:
Coffeeholic:
The quote is flawedI could be missing something here but if that is a quote from the regulations then flawed or otherwise does it not specifically forbid you from recording time as break while being driven to/from a vehicle? Surely the definition of a break is irrelevant if the regulations specifically forbid you for using it in a given situation?
Indeed, no argument from me.
So are you both saying that the quote does not mean travelling back to base/home from the vehicle?
ROG:
So are you both saying that the quote does not mean travelling back to base/home from the vehicle?
I’m not.
I see where you two are going with this …
(d) ‘break’ means any period during which a driver may not
carry out any driving or any other work and which is
used exclusively for recuperation;
A passenger relaxing in a car who is being taken back to base by another company employee for example would meet that requirement but then the other quote says they cannot do that !!
ROG:
I see where you two are going with this …
I don’t think you do! As strange as it feels to be saying this I was actually agreeing with you and questioning Neil’s interpretation. Whilst he is certainly correct in that ordinarily being driven from a vehicle back to the yard (or any other place) meets all the requirements for break it does seem that the rules specifically exclude it as an option in this example.
Paul