Rest breaks driving commercial vehicle?

[Cognoscenti]

To sum you all up briefly, I'm work part time for a major supermarket as a delivery driver. I've recently transferred to another store where there is this supervisor who is nothing short of a (all other drivers in this store agree with me) Anyway I've had two run-ins with her in the three weeks that I've been at this store and she's really beginning to piss me off.

Anyway, I had a third run-in with her yesterday when she started screaming at me for skipping my designated rest breaks. It was never a problem with management and personnel in the store I transferred from. Anyway I informed her that I was certain it's only illegal to skip a rest break if you're driving a HGV and been driving 4.5 hours consecutively?

It's a 3.5 tonne van, do approximately 17 deliveries on an 8 hour run and cover no more than 120 miles per run.

I'll happily stand corrected if she was correct, If not it gives me more ammunition for my complaint to HR. Cheers Lads.

[pixelatedJH]

Company policy may be stricter than the law, they can require you to have as many breaks as they want you to, surely?

[stupidbutkeen]

https://www.gov.uk/guidance/driving-a-van

upto 3.5 ton and its a normal van so dont need to take the rest breaks.(no digi card needed)

over 3.5 ton and you do.

[Cognoscenti]

pixelatedJH said:

Company policy may be stricter than the law, they can require you to have as many breaks as they want you to, surely?

I'm not sure there is one, Personnel Staff always used to say to us in our other store "If you skip break, let me know so i can pay you for it", So I'd assume, coming from them, that they are not obligatory. I'd assume they are like most employers where they offer breaks as part of the law but are not compulsory if you wish to skip and work through.

[SVTRick]

Ask to see her drivers CPC then

[andyalan10]

I am not a lawyer, but I think it is way more complicated than if it's under 3.5 tonnes you are exempt.

You may not need a tachograph but I think there are working hours restrictions that apply.

Given the way the whole transport industry works I'd be more inclined to believe that one branch was cutting corners than that someone is making stuff up that doesn't apply...

Andy

[Francy555]

If you drive a 3.5 ton van or less, rest breaks are not a legal requirement.

[Chester draws]

What do you think will happen if you have an accident after you have been driving for 7 hours straight??

[stupidbutkeen]

Chester draws said:

What do you think will happen if you have an accident after you have been driving for 7 hours straight??

hes not talking about driving for 7 hours straight though. He has 17 stops along the way to get some air and a stretch of the legs etc.

And to answer your question..It would depend on whos fault the accident was and how hard the impact was etc etc. How long is a bit of string question.

[wack]

anyone driving a 3.5t or under van commercially can only be on duty for 11 hours , drive for 10 hours

Maximum Period of Driving and Minimum Breaks
A driver cannot exceed a maximum continuous or accumulated driving period of 5½ hours, after which a break of at least 30 minutes must be taken.

cics.dept.shef.ac.uk/transport/DriversHoursRegulations.pdf

I doubt anybody enforces this , the authorities can't even cope with all the dodgy artics there are around let alone check up on somebody driving a van but if you cause a serious accident or a death you can expect them to follow your working day through GPS on your phone, ANPR, satnav , and anything else they can find to track you with, if you started at 4am and you crash at 7pm I think you can expect to go to prison.

[TwigtheWonderkid]

Cognoscenti said:

Anyway, I had a third run-in with her yesterday when she started screaming at me for skipping my designated rest breaks.

I don't understand. They way the OP was going, I thought she would be screaming at you for taking your rest breaks. She's your boss, and she's annoyed that you aren't taking designated rest breaks!!! What a cow!

[48k]

Cognoscenti said:

To sum you all up briefly, I'm work part time for a major supermarket as a delivery driver. I've recently transferred to another store where there is this supervisor who is nothing short of a (all other drivers in this store agree with me) Anyway I've had two run-ins with her in the three weeks that I've been at this store and she's really beginning to piss me off.

Anyway, I had a third run-in with her yesterday when she started screaming at me for skipping my designated rest breaks. It was never a problem with management and personnel in the store I transferred from. Anyway I informed her that I was certain it's only illegal to skip a rest break if you're driving a HGV and been driving 4.5 hours consecutively?

It's a 3.5 tonne van, do approximately 17 deliveries on an 8 hour run and cover no more than 120 miles per run.

I'll happily stand corrected if she was correct, If not it gives me more ammunition for my complaint to HR. Cheers Lads.

I'm struggling to understand what the problem is? Why can't you follow her/ the company rules?

[Chester draws]

As your employer, the supermarket has a duty of care not only to you, but also to other road users. There is a reason why they have the policies and procedures they have.

Your supervisor is just trying to do her job properly, why make it hard for her?

I do agree she shouldn't have screamed at you, but if this goes to HR, I can only see you as the one in trouble.

[Cognoscenti]

48k said:

I'm struggling to understand what the problem is? Why can't you follow her/ the company rules?

I do, and do it very well. I just don't like being bullstted too by some 20 year old girl who's quite clearly on a power trip. So just wanted clarification if it was the law or not. That's all.

Chester draws said:

As your employer, the supermarket has a duty of care not only to you, but also to other road users. There is a reason why they have the policies and procedures they have.

Your supervisor is just trying to do her job properly, why make it hard for her?

I do agree she shouldn't have screamed at you, but if this goes to HR, I can only see you as the one in trouble.

Because she's a bh, and with the other things that she has already done to me... which were nearly knocking me off my feet with a trolley when facing the other way, and telling me "You wouldn't stand in front of a train" and then snooping around my private belongings inside my van... So just wanted to add that to the ammunition if she was wrong.

ETA

I'm going to clarify with personnel if its company policy, Just asking you guys if theres a law regarding it like she said there was.

Edited by Cognoscenti on Friday 4th August 22:13

[Eddieslofart]

So, in a nutshell, she's a bit fit, and given you a blank, so you hate her

Your hours will be whatever is in your company policy, its in your terms, she obviously knows them, is a bit fit, and has given you a blank

[Chrisgr31]

Chester draws said:

As your employer, the supermarket has a duty of care not only to you, but also to other road users. There is a reason why they have the policies and procedures they have.

Our driving policy is quite strict, no mobile phone calls even hands free, rest breaks every 2 hours etc. Not heard of it being enforced but having said that fairly sure if senior management were aware it was being flouted they would do something about it. As you say its it just because of the staff member who is driving its also for the safety of everyone else. Someone was involved in a very serious accident last year, lead to an email to all staff reminding us of policy. Yes one can argue its nanny state but its also PR.

[Cognoscenti]

Eddieslofart said:

So, in a nutshell, she's a bit fit, and given you a blank, so you hate her

Your hours will be whatever is in your company policy, its in your terms, she obviously knows them, is a bit fit, and has given you a blank

I'm a raging homosexual so that's most definitely not the case

[55palfers]

It's Working Time Directive perhaps too as well as driving regs.

Why not just do what she asks?

[Vaud]

Their vehicle. Their contract with you. Their policy (which may be above the legal standard).

Why would you turn down a rest break?

[egor110]

I'm a postie and we have to have a 40 min break in our 8 hour day .

either 40 mins before we go on delivery , 40 mins out on delivery or we can split it into 2 - 20 min breaks .

What we can't do is work a straight 8 hours without having a break , which i'm sure is going to be the same for you.

Sounds very much like you have a chip on your shoulder that your boss is younger than you .

Edited by egor110 on Friday 4th August 22:57