Can any one help me. When running from base depot do you have to take an 11 hr break or can you take a 9hr break and is it up to drivers discretion or can the boss tell you, you will only take a 9hr break if it suits him as long as its within the law.
Please excuse me if I have put this in the wrong section, first time on her
hi cassius and welcome to Trucknet hmmm as far as answering your question i’m not really sure but i think that someone on here will beable to answer you in due time 
Enjoy the visit
but i think that as far as the boss telling you what to do normally it would be in their best intrest but again its you that is driving so if you feel you need x amount of rest its just a case if them trying to get more out of you in a day
anyway will leave it there for others to follow
Hi cassius and welcome to TruckNet
Q 2.47 of the official theory test for large vehicles book gives the following answer:
“Under EC rules you must have a minimum daily rest of 11 consecutive hours. This may be reduced to nine hours on not more than three days a week, as long as the reduction is compensated by an equivalent rest before the end of the following week” (source:The Official Theory Test For Drivers Of Large Vehicles - DSA Official Publication)
In my view the nine hour reduced rest, like the ten hour driving day, is at the discretion of the driver and should not be imposed by the employer. How strongly you wish to uphold this position is up to you but the ‘must have’ and ‘may be’ statements put the law on your side not his.
Hope this helps
Jules
Hi cassius and Welcome
The driver is ultimately responsible for the vehicle and safety of other road users due to his / her actions, The Daily Rest May be Reduced by the driver from 11 hrs to 9 hrs at his / her discretion, however, an employer may ask the driver to reduce his rest period, but cannot force him / her to reduce the rest period.
Many Employers automatically assume that the driver will reduce their rest period, however, the operator is legally obliged to ensure that the work allocated to the vehicle can be comfortably done in the legal time scale of the drivers hours legislation without the driver needing to speed etc.
on the basis that when you work for an employer you are in a “master-servant” situation, basically, you do as you are told.
obviously all legal and hse requirements have to be met while doing as you are told!
regards
paul
Thats the rub Davey, its always took for granted a driver will reduce the rest. Its just one of those things, thats why I’d like to see it stopped, then drivers wouldnt have to take the pressure to reduce if theyre knackered and need a good break, as always the work times would be to 11 and not 9 hours. Apart from the cowboys of course that dont give a monkeys for whatever law! 
Mal.
I would disagree with flatbedman’s ‘master-servant’ relationship, when I get paid my employer is ‘buying’ the service I provide that being my knowledge, skill, experience and professionalism. If that includes instructing them on the finer points of driving and H&S laws then that’s a bonus for them, if they’re clever enough to take it onboard, however I’ve not lost a dispute involving legal matters with them yet - and they are the only disputes I have.
Jules
Boots O’Lead:
when I get paid my employer is ‘buying’ the service I provide that being my knowledge, skill, experience and professionalism.
Jules
Don’t reckon most employers see it that way. Their view is more liley to be the trucks needs somebody to hold the steering wheel and open the curtains or doors when it gets to its destination. A Driver is just one of them annoying expenses like having to buy fuel and tyres. 
As for the original question, I believe the regs state that any reduction in breaks is taken at the drivers discrestion the same as when the breaks are taken. However the regs were written by people in nice comfy offices who couldn’t tell the differance between a 44 tonne truck and a transit van. It doesn’t always work so well in the real world, but if you want a break and are willing to stand your ground then the law is on your side.
Another point to consider is the emploer’s obligations as laid out in the HSE booklet issued 09/2003 entitled Driving at Work
YOUR LEGAL RESPONSIBILITIES
This leaflet deals with the requirements of health and safety law. These requirements are in addition to the duties you have as an employer under road traffic law, eg the Road Traffic Act and Road Vehicle (Construction and Use) Regulations, which are administered by the police and other agencies such as the Vehicle and Operator Services Agency.The Health and Safety at Work etc Act 1974 requires you to ensure, so far as is reasonably practicable, the health and safety of all employees while at work.
You also have a responsibility to ensure that others are not put at risk by your work-related driving activities. (Self-employed people have a similar responsibility to that of employers.)
Under the Management of Health and Safety at Work Regulations 1999, you have a responsibility to manage health and safety effectively. You need to carry out an assessment of the risks to the health and safety of your employees, while they are at work, and to other people who may be affected by their work activities. The Regulations require you to periodically review your risk assessment so that it remains appropriate.
You are required to consult with your employees, and where applicable, their health and safety representatives, on the health and safety issues covered in this guidance.
If anyone wants a copy of the whole document, it can be downloaded from the HSE site.
Thank you all for your input. It has been helpfull and informative and I now feel more confidant about arguing my case with the boss