Breaks when you need one

This might sound silly i have been a hgv 1 driver for about four and a half years and i no most of the tacho rules but i was just wondering if anyone could help me with this one.I had done a 11 hour day shift but had done about 2 and a half hours driving .Is it an offence not put the tacho on break in the day shift as i have not done the 4 and a half hours driving to need a break. thanks :slight_smile:

dangerous614 said;

I had done a 11 hour day shift but had done about 2 and a half hours driving .Is it an offence not put the tacho on break in the day shift as i have not done the 4 and a half hours driving to need a break.

No. The only requirement towards the 45 minute mid-shift break is that you have done 4.5 hours continuous or aggregate DRIVING. The only problem comes when something happens (even if it was not your fault) and you end up in Court. Although legally no break was required, try saying that you did not feel morally oblidged to take one and see what the Judge says.
This situation will change in March when RTD comes into force as you will have to take a break after 5 hours (I think) work/driving.

geebee45:
This situation will change in March when RTD comes into force as you will have to take a break after 5 hours (I think) work/driving.

It’s actually 6 hours geebee. This is from the WTD:

No Mobile Worker shall work for more than 6 hours without a break.
If the day’s Working Time lasts between 6 and 9 hours, then you are entitled to at least 30 minutes break at some point during that time.
If the day‘s Working Time lasts more than 9 hours, you are entitled to at least 45 minutes break at some point during that time.
The break can be broken up into several small breaks, but each one must be at least 15 minutes long.

thanks for that hope you have a good new year