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Posted By iancockburn
h.g.v driver drives from 07.30/company says no tea break till 12.30 .is this legal.
no tacos in use any info
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Posted By Martin Gray
EC Driving and Rest Periods - EC REgulation 3820/5 refers:-
Continuous Driving Article 7(1)states
4 1/2 hours driving followed by a 45 minute break, daily rest or weekly rest or, periods of at least 15 minutes rest within or immediately after the driving period totalling 45 minutes (after 45 minutes rest has been accumulated the slate is wiped clean and the next period of driving is consideredas if the driver had just started.
This is an extract from a police officers guide to traffic law. Hope it assists but it looks as though you are exceeding the driving time by 30 minutes.
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Rank: Guest
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Posted By Martin Gray
EC Driving and Rest Periods - EC REgulation 3820/5 refers:-
Continuous Driving Article 7(1)states
4 1/2 hours driving followed by a 45 minute break, daily rest or weekly rest or, periods of at least 15 minutes rest within or immediately after the driving period totalling 45 minutes (after 45 minutes rest has been accumulated the slate is wiped clean and the next period of driving is consideredas if the driver had just started.
This is an extract from a police officers guide to traffic law. Hope it assists but it looks as though your employer is acting lawfully to conform to the traffic regulations
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Posted By Martin R. Bessant
Message to Martin:
Your two responses appear to conradict each other. Can you please advise which is correct?
In addition, apart from the driving regulations, under employment law I think that the employee is permitted a 20 minutes break after working for 6 hours.
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Posted By Martin Gray
Sorry for the confusion.
The hours of work given by Ian were 07.30 to 12.30 which is equal to 5 hours.
EC Traffic Regulations state you can drive for 4.5 hours without a break but then the driver must take a break of 45 mins.
or periods of 15 minutes rest between each driving period
These regulations do directly relate to tachograph requirements but officers would look at these periods of rest when investigating a serious or fatal road traffic collision involving LGV vehicles.
With the work being conducted by the HSE into work related road deaths we could see further back tracking on driver/worker rest periods and the possibility of the employer facing prosecution for some road traffic collisions.
Again sorry for the confusion but posted the 1st response instead of reviewing and could not delete it.
Martin
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Posted By Ian stevenson
Do not forget there are EC drivers regs and british domestic regs which do not state any breaks.
Regards Ian
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Posted By Ian stevenson
More information
Drivers operating in Great Britain, exempt from European Law, will normally be subject to the Transport Act 1968, as amended, rules and the permanent hours limits are as follows
Daily driving 10 hours max
Daily duty 11 hours max
Work records
Drivers of goods vehicles exceeding 3.5tonnes gross plated weight, must keep a record of their hours of work, driving time and rest periods by means of the tachograph installed in the vehical.
Note the drivers hours (goods vehicles)(keeping of records) regulations 1987 (si no 1421) apply to drivers of goods vehicles in cases where EC regulation 3820/85 does not apply.
information from croners.
Regards Ian
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