Am I entitled to a break whilst doing driving shift.

[maroondevo52]

I work backshift, driving for a total of 5 hours, It is not possible for me to have a break during my 'run' which starts 2 hours into my shift.

 

Am I entitled to a break before my 'run' starts.

[raydetinu]

There are rules and regulations for commercial/goods vehicle drivers laid down by law, however I presume this is not for commercial vehicles!

Does the firm have a Health and safety policy document and in there should be section on working hours and driving on company business.

A risk assessment is normally required for any long term driving periods, with recommendations for breaks ( tiredness etc. ) normally every 2hrs. of constant driving with a 15 min. break for coffee.

Avoid driving after working a full day.

see below and other guidance notes:

http://www.hse.gov.uk/pubns/indg382.pdf

[maroondevo52]

Thanks for that, just seems they expect you to drive for 5 hours without any break, seems to be getting worse.

[renegadeimp]

That is illegal. By law, every driver must take a break at certain times when driving.

[raydetinu]

I am sure no one would expect you to drive for five hours without any sort of break! That is dangerous not only for you but other road users and suggest you take breaks as you think necessary in accordance with the guide lines.

If you have an HR department or head of head Health and Safety, suggest you discuss it with them.

[maroondevo52]

If you have an HR department or head of head Health and Safety, suggest you discuss it with them.

 

Thank you I will, really the only time I can take any sort of break is at the end of a 2 hour drive, because of time restraints It's almost impossible to have a break later.

[honeybee13]

Hello there.

 

Is there a union where you work? If there is, they should be able to help.

 

My best, HB

[maroondevo52]

Hello there.

 

Is there a union where you work? If there is, they should be able to help.

 

My best, HB

 

Hello there honeybee

 

Yes I'm a member of the union, I'll have a word with the rep on Monday.

[vengeancedemon]

The exact law/Regulations on driving a goods vehicle fitted with either an analogue tachograph ( which would be quite ancient) or a digital tachograph, using a drivers digital tachograph card are quite clear

1. A driving period of not exceeding 4.5 hours in total must be followed by a 3/4 hour break with the machine set at "rest" mode. Of course it is possible and permissable to say drive for two hours, take a 15 min break , drive for another 2.4 hours and then a 30 min break, or any other combination so long as the 4.5hrs/45 min ratio is not exceeded.

Nest, a total of 10 hours driving is permitted ( with appropriate breaks) TWICE a week and the remainder is to be 9 hour driving daily total there is also the consideration of weekly totals to be taken on board

 

In addition and often in conjuction with the Drivers hours regs is the Working Time directive regs !!

 

The fines for the driver and indeed possible for the holder of the O licence can be heavy £5000 is a possibility

[maroondevo52]

No Tachograph, vans about 3 tonnes I think, similar to a Merc Sprinter LWB

[Emmzzi]

Am I reading this right, the actual driving time is about 2 hours?

 

That doesn't need a break. That's just.. normal. Have I misunderstood?

[outa10]

Can I also point out that any break taken while using a tachograph must be taken in multiples of 15 minutes . For example if you stopped for a 20 minute break and then a 25 minute break during a four and a half hour driving period it would not be legal . Although the two breaks do add up to 45 minutes it would need to be a 15 minute break followed by a 30 minute break .

[vengeancedemon]

Thats correct, must be 15 minute multiples, and I think there are moves - a-foot to introduce tacho's to under 3 tonnes although I think that some Transit types are tachographed, but cannot remember exactly what

[Mr Happy]

Tachographs are currently only required in vehicles above 3.5 ton MGW, transits and sprinters are 3.5 ton so no tacho is required, however tachos in 3.5's will be becoming law in the not too distant future.

 

Under the working time directive you are required to take 45 minute break in a 6 hour work period, these can be in 15 minute intervals or any combination provided it makes 45 minutes within the 6 hours, can be at the end of the 6 hours in 1 go, driver times are 45 minutes in 4.5 hour actual driving time, you can take 15 minutes and then 30 minutes but you can not take 30 minutes than 15, the last break must be 30 minutes but you can take all 45 minutes at the end of the 4.5 hours.

 

Under the Health and Safety at work etc Act 1974 The employer has a duty of care towards you and other people your acts or omissions may affect, if you are tired, fatigued or uncomfortable this increases risk of an accident and a break is a reasonably practicable method of reducing the risks.

[maroondevo52]

Am I reading this right, the actual driving time is about 2 hours?

 

That doesn't need a break. That's just.. normal. Have I misunderstood?

 

Yes you have misunderstood, I start my shift and leave the depot driving for 2 hours to get to the start of my 'run', I then start my 'run' and drive to 6 different destinations returning to the depot after a further 3 hour drive, total driving time 5 hours.

 

My 'run' is time restricted so I cannot stop for a break, I'm asking if I am entitled to a break after my initial 2 hour drive before my 'run' starts.

[Emmzzi]

ahh ok. I think this is a decent and clear interpretation of the VOSA rules

 

http://www.transportsfriend.org/hours/rest.html

 

I'd say yes, you need a break so you don't hit 4.5 hours with no break BUT I am no expert on multidrop and if unloading time is taken as a "break from driving."

 

I would phone VOSA or email their helpline.

[Mr Happy]

Its not tachoed so you do not "need" a break, driver hours do not apply just working time directive, delivery off loading is classed as other work and not driving hours.

 

Even if the 3.5 vans are tachoed as ours are it is not law but in our case company policy, this is because we drive 7.5's as well.

 

You do not need to take a break for 6 hours under the working time directive so no you do not need a break, if however you are tired or fatigued you should take a break under the Health and Safety at Work etc act.

[raydetinu]

So its driving and manual work ( unloading etc. ).

Again sort it with your employer Health and Safety etc. Don't drive if you are tired!! take a break.

The first person responsible for your Health and Safety is YOU!.

[maroondevo52]

Had a word with my union rep, I'm entitled to a 20 minute break before I start my 'run'

 

Thanks to everyone who commented on this.