Did it show as 16 and 31 minutes on the tacho display or did you time it by the dash clock, phone or watch? Check a printout of the shift and see what’s been recorded, and check you had the correct mode selected.
Please see these two below:
As you can see between 47 and 31 mins breaks there is 16 mins break and I did not exceed 4.5 hrs of driving time in this period. So, what is a reason that the infringement is recorded?
Is that your entire day? If not how much driving had you done before the 47 minute break?
What does the infringement say? If it says exceeding 4.5 hours driving then I can only see one possible reason for that based on the information shown.
The 49 minutes of POA between 13:43 and 14:32 has reset the driving time counter and the total driving from 14:32 until 20:58 comes to 5 hours and 12 minutes with only 31 minutes break so the software has incorrectly recorded an infringement.
You haven’t actually done anything wrong and you haven’t gone more than 4.5 hours driving without the correct breaks.
If that is the case don’t use POA and the problem will not happen or ignore the infringements it causes as they are not real.
What was the driving time in that shift ?
Was the weekly 56 or two weekly 90 hours driving exceeded ?
Those are the only two other reasons I can think of …
ROG:
What was the driving time in that shift ?
Was the weekly 56 or two weekly 90 hours driving exceeded ?Those are the only two other reasons I can think of …
Yep, that’s why I was wondering what had been done before the 47 minute break in case it was for exceeding daily driving limit. Weekly or fortnightly is about the only other thing.
Hi guys,
There is nothing to worry about 56 or 90 hours limit. I do not do so much driving - 2 days off last week and 3 days off this week plus multi drop jobs so that there is no way to break one of limits. Before my 47 minutes break I had 4 hrs and 19 mins driving time. That day I was back to work after 3 rest days - regular weekly rest plus two assessments.
Wilk:
Before my 47 minutes break I had 4 hrs and 19 mins driving time.
Coffeeholic:
the total driving from 14:32 until 20:58 comes to 5 hours and 12 minutes
+17 mins driving from 47 break to 14;32 which totals 9 hours and 48 mins driving for the shift
how many more driving shifts over 9 hours did you do since sunday midnight 
9 hrs 48 mins - this is the only one (more than 9 hrs).
Wilk:
9 hrs 48 mins - this is the only one (more than 9 hrs).
In that case I am at a loss as to why you have got an infringement
What time did you start and finish on the day of the printout shown
ROG:
Wilk:
9 hrs 48 mins - this is the only one (more than 9 hrs).In that case I am at a loss as to why you have got an infringement
In that case it can only be a false infringement because the 49 minutes POA has been taken as resetting the driving timer and consequently the 16 minute break has been ignored and it’s falsely flagging up 5 hours 12 minutes driving with only 31 minutes break.
Doesn’t look like you’ve anything to worry about and the software is reporting an infringement that didn’t actually happen.
What is the wording of the infringement, what is it saying the problem is?
I went back to the company and we read my digi card twice with Tachomaster and it does not show any infringement on that day. It must be the software’s fault.
Wilk:
I went back to the company and we read my digi card twice with Tachomaster and it does not show any infringement on that day. It must be the software’s fault.
Yep, definitely the software, you did not exceed 4.5 hours without the required break(s) at any point in the shift.
As I said It’s counted the 49 minutes POA as clearing the driving time and then thinks you’ve done 5:12 without enough break. Solution - stop using POA or get new software.
I called it exactly, to the minute, right. Just sayin’, 
GREAT that it is sorted
ROG:
GREAT that it is sorted
I’m sure he’ll be back with another conundrum for us soon. lol
This is obviously down to his use of POA for 47 minutes which has reset his driving clock in the cab but the software has other ideas.
Simple solution, just use break 
Could someone point me in the direction of the rule that states the first 45 minutes of POA counts as break. I’ve never seen it set in stone.
Terry T:
This is obviously down to his use of POA for 47 minutes which has reset his driving clock in the cab but the software has other ideas.
Actually the software is having the same idea as the clock in the cab and incorrectly resetting the driving time, that’s the problem. Both the clock and the software are wrong.
Terry T:
Could someone point me in the direction of the rule that states the first 45 minutes of POA counts as break. I’ve never seen it set in stone.
There isn’t a rule that says that so can’t point you to it.
Under multi-manning rules the first 45-minutes of POA for the card in slot 2 is assumed by VOSA/DVSA to be break because slot 2 will record POA and is unable to record break while the vehicle is moving. It doesn’t apply to single manned operations and isn’t in the actual regulations, it’s just the DVSA take on it and other countries might not apply the same ‘rule’.
Page 21 of their guide book confirms their take on it but again it’s not part of the actual regulations.
> On a multi-manning operation the first 45 minutes of a period of availability will be considered to be a break, so long as the co-driver does no work.
So the 49 minutes of POA counts as break in the eyes of the DVSA ?
If so, wouldn’t he still be in the same situation he’s in now, having driven over 5 hours without a 45 minute break ?
Unless you can pick or choose whether it counts as break or not ?
Bloody POA, bout time they got rid of it. Maybe after we leave the EU they will
Almost all of my drive time infringements have been caused by erroneous resets. Like this one below, had this happen quite a few times over the years.
Before my time but couldn’t you split a 45 into 3x15s in the past ?
I think this is what causes it.
Terry T:
So the 49 minutes of POA counts as break in the eyes of the DVSA ?
No, because he wasn’t multi-manned and his card wasn’t in slot 2.
Terry T:
Before my time but couldn’t you split a 45 into 3x15s in the past ?
Yes and the digi tacho will still reset the driving time counter if you took 3x15 breaks, or a combination of break and POA. The fact it does that doesn’t mean you can go another 4.5 hours though.