Cold, this issue has not been brought up here, yet. I hope it never does. As of right now I do not count any restroom break (that is not during my lunch or breaks) as personal time. If this issue does come up I would be the first, of many I'm sure, that would be filing on it.
I dont have a problem with the idea of counting restroom breaks as personal time, although if Im already at the business and the restroom is right there we are talking like 45 seconds max for a quick pee and handwash which is an insignificant amount of time.
The issue of the original post specifically concerns drivers in rural areas who are being told they cannot break trace to locate meal or restroom facilities, and cannot idle the trucks to run the heater during lunch regardless of weather conditions.
Both rules are unreasonable. Both rules are contract violations, and both rules are not an appropriate way to treat the human beings that work for you.
This is one of those issues that is going to have to be resolved on a case-by-case basis, with both sides making an effort to be reasonable.
The company has every right to want to minimize the mileage its vehicles are driven and to expect the employees to conduct personal business on personal time. The employees have every right to utilise restroom facilities for normal bodily functions, to have the ability to wash their hands prior to eating food, and to have a suitable place to sit and eat whether it be a restraunt or just sitting in the truck with the heater running during the middle of winter.
Should the driver be allowed to drive 10 miles off route to eat when other restraunts are available on his delivery area? No. Should the driver be forced to poop and pee in the bushes, not be able to wash his hands, and sit in a freezing truck with no heat just because some dimwit manager told him he couldnt "break trace" or idle the engine? No.
There is a middle ground here where reasonable people should be able to look at a map and figure out what is and isnt fair to both sides.