Tachograh Laws

[Tortoise Man]

If I drive an HGV from 7am till 11.30 am I must take a 45 mins break.If during this time I am stopped for 3 times in a quarry waiting to be loaded (say 10 mins each time,so a total of 30mins),can I now drive till midday before taking the 45 mins break.

[SeaJayPea]

If you aren't driving for any period then that time doesn't contribute towards your driving time. So in the circumstances you describe you'd be quite legal to take your break at 12.

[THECORBYLOON]

In the Department for Transport guidance here, http://www.dft.gov.uk/pgr/freight/road/working time/rdtransportworkingtimeguidance?page=4#a10 08 it says
"2.2 What is working time?

The Regulations define working time as the time from the beginning of work, during which the mobile worker is at the workstation (typically this means the driver's cab - but see glossary for fuller definition of this and other terms) at the disposal of the employer and exercising his functions or activities - that is to say:

(a) the time devoted to all road transport activities including:-

driving;

loading/unloading;

training that is part of normal work and is part of the commercial operation;

assisting passengers boarding/disembarking from vehicle;

cleaning, maintenance of vehicle;

work intended to ensure safety of vehicle and its cargo and passengers (e.g. monitoring loading and unloading - including daily defect check and report);

administrative formalities or work linked to legal or regulatory obligations directly linked to the specific transport operations under way.

If you look here

http://www.dft.gov.uk/pgr/freight/road/working time/rdtransportworkingtimeguidance?page=7#a10 31

it shows examples of work/rest and how European and UK law apply.

[Blackrat]

WTD is seperate from Driving Time.
Surely if you are stopped in a quarry then the tacho will show anything other than driving (depends what you have set it at. I would recommend the square and show it as a POA which VOSA would regard as rest) but I digress, as driving off road will ot count towards your driving time for rest purposes, you will have to note the tacho to this extent.

[Panic Button]

Driving off road does now count towards driving time

[dot.hawkes]

you can always disconnect it like my daughters bloke does, though he's a to$$er and so actually don;t do that

[SeaJayPea]

Provided you are stationary in the quarry, no problem. If you're driving, off road or not, then that driving time adds to your total. All that any tacho analyser or copper will be looking at is the driving trace. Make sure you're correct though, 4 hours and 31 minutes counts as an offence!
And don't even think about disconnecting it. Guys have spent time as one of Her Majesty's less welcome guests for messing about with tachos.

[bob57]

you must have a break of at least 45 minutes of which you may break it down to one break of 15 minutes and another break of 30 minutes totalling 45 minutes
the 15 minute break must be taken first
then the 30 minute break
you can not take a break of 10 minutes at a time so you are committing a tachograph offence by doing so
and remember driving in a quarry is now classed as drive time and not as it used be off road driving

[bob57]

if you are at loading/unloading point for three 10 minutes but not classed as a break you can work till 12am quite legally as this is not classed as drive time or rest period
so you can start at 7am drive for 2.5 hours sit and wait for 30 minutes then drive for a further 2 hours till 12am before you require a rest period of 45 minutes


and as for dots daughters bloke I hope hes got a fresh toothbrush and clean pyjamas ready for his jail sentence because that is will will happen if he gets caught for tachograph offences

[Panic Button]

Minor point Bob, you can take a ten minute break, and you are not committing a tachograph offence doing so. However it would not count towards your required 45 minute break.

I copy here from the frequently asked questions on the VOSA website, answering a question about drivers breaks.

'Periods of less than 15 minutes do not count towards the 45 minutes� break requirement, although the tachograph should be switched to the rest mode.'