WTD

For the driver to give his employer a weekly account of what they have done seems reasonable but that would be for the employer to then keep tabs on the weekly average - not the driver.

The whole RTD(WTD) system does not expect the worker to do anything unreasonable such as be a mathematical genius.
It just expects the worker to comply with what is easy for the worker to do.

It is easy for a driver to keep an eye on what driving hours are being done so it seems reasonable that the driver can keep track of working time during the working day
Not many drivers go over the 4.5 hours of accumulated driving time so asking them to not go over the 6 hours accumulated working time (driving + other work) is reasonable - YES ?

Copied from the DFT website:-

5.4 Breaks
The European drivers’ hours rules require that after 4½ hours driving, a driver must take a break of at least 45 minutes. This break may be replaced by a break of at least 15 minutes followed by a break of at least 30 minutes each distributed over the period.

The break requirements under the Regulations will affect workers who do a mixture of driving and non-driving work. The rules on breaks will also apply on days when the mobile worker is not travelling.

Where mainly driving work is undertaken it is possible that working time breaks may be satisfied by breaks from driving taken under the European drivers’ hours rules, therefore break requirements under the working time Regulations may be more likely to affect workers who do a mixture of driving and non-driving work.

The Regulations require that:

mobile workers must not work more than 6 consecutive hours without taking a break,
if your working hours total between 6 and 9 hours, working time should be interrupted by a break or breaks totalling at least 30 minutes,
if your working hours total more than 9 hours, working time should be interrupted by a break or breaks totalling at least 45 minutes, breaks should be of at least 15 minutes duration.
In the interest of safety, and as a matter of good practice, it is strongly recommended that breaks should be distributed evenly throughout the day.
When taking a break, drivers may not perform anything that might be regarded as “other work” during this period. Breaks taken under these Regulations may be taken at the workstation (typically this means the driver’s cab - but see glossary for fuller definition of this and other terms).

Examples of Breaks [3]:

  1. ½ hour other work + 4½ hour driving triggers a 45 minute break under European drivers’ hours rules. Another 4½ hours driving triggers another 45 minute break under European drivers’ hours rules. 9½ hours of working under the Regulations would normally require 45 minutes break, but this has already been covered by the breaks taken under the European drivers’ hours rules. Total break time = 90 minutes.

½ hr other work 4 ½ hours driving ¾ hour break 4 ½ hours driving ¾ hour break 1 hr other work

  1. 4 hours other work + 2 hours driving triggers a break (30 minutes in this example) under the Regulations. Another 3 hours work (9 hours in total) and another 15 minute break is needed under the Regulations. There is no requirement to take any breaks under the European drivers’ hours rules as total driving time has not reached 4 ½ hours. Total daily break time = 45 minutes.

4 hours other work 2 hours driving ½ hour break 3 hours other work ¼ hour break 1 hour other work

  1. 3 hours driving + 2 hours other work + 1 hour driving will trigger a break (30 minutes in this example) under the Regulations. Another ½ hour of driving = 4½ hours driving, requiring another 30 minute break under the European drivers’ hours rules. This is because the second half of a split break taken under the European drivers’ hours rules (which always takes precedent) must be at least 30 minutes long. Daily break time = 60 minutes.

3 hours driving 2 hours other work 1 hr driving ½ hr break ½ hr driving ½ hr break 3 hours driving

  1. 3 hours driving + 2 hours period of availability + 3 hour other work triggers a break requirement under the Regulations (30 minutes in this example). Another 1½ hours of driving = 4½ hours driving, requiring a 30 minute break under the European drivers’ hours rules. Again, this is because the second half of a split break taken under the European drivers’ hours rules (which always takes precedent) must be at least 30 minutes long. Daily break = 60 minutes. NB If all the conditions for a break are met, then a driver could take his mandatory break during the PoA.

3 hours driving 2 hours POA 3 hours other work ½ hr break 1 ½ hours driving ½ hr break 2 hrs driving

  1. The examples below shows two mobile workers A and B both working for 9 hours which means that their working time must be interrupted by a break or breaks totalling 30 minutes. The first example complies with the break requirements under the Regulations, the second does not.

Mobile worker A

6 hours other work ¼ hr break 2 hours other work ¼ hr break 1 hour other work End of shift

6 hours consecutive other work triggers the break requirement under the Regulations. A break of at least 15 minutes must be taken. Mobile worker A then does another 2 hours other work, takes a break for 15 minutes and then completes another hour of other work before ending their shift. This complies with the Regulations as their working time is interrupted by breaks totalling 30 minutes.

Mobile worker B

6 hours other work ¼ hr break 3 hours other work ¼ hr break - this is not legal the second break cannot be taken at the end of the shift

6 hours consecutive other work triggers the break requirement under the Regulations. A break of at least 15 minutes must be taken. Mobile worker B then does another 3 hours other work before taking his second 15 minute break at the end of their shift. This does not comply with the Regulations as their working time has not been interrupted by breaks totalling 30 minute. It has only been interrupted by a break of 15 minutes.

If the mobile workers were to work longer than 9 hours than total breaks for the day would be 45 minutes.

wtd we must be mad

viking121:
hi all, i seem to get some what confused with this wtd, example due to being half asleep the other day, i was on a loading bay, i started work about 1.15am so the six hr rule would mean that come 7.15am a brk is needed for working time.

took approx 25 min on dock cuz got called to do some work.

and took 30 min on rtn to base about 10.30am, got grief from transport office due to 25min brk, and 30 min brk at base. tot = 55min brk

if working over 9hrs, can wtd brk be worked like this - 30min then 15 min = tot 45min

or doing 15 min slots etc.

my norm i take a hr a day, 30 - 30 etc, but being new agy/driver this company i do a bit of work for run a very tight ship, even pick u up for toilet brks etc.

any advice would be helpful

thanks

You don’t say what time you finished work, if you returned to base and had 30 minutes break immediately before booking off then you didn’t comply with the WTD regulations as the break/breaks should interrupt the working day.

Assuming that your working time was over nine hours then for the WTD regulations a 20 minute break would have sufficed when you returned to base as long as it wasn’t taken at the very end of the shift (see previous paragraph).

For breaks to count for the WTD they should be at least 15 minutes therefore a 25 minute break and a 20 minute break would have left you legal, obviously this is not taking into account the requirements for split driving breaks which as you know have to be in the correct order so I’m assuming that you were legal in that regard.
As has already been said only 15 minutes of the 25 minute break would count for the drivers hours regulations break.

viking121:
a transport manager/assistant told me after stressing my case, that a brk of no less than 30min is what was required at 6hrs WTD of working, and not the 25min i org took,

He/she is wrong :wink:

The WTD regulations require you to have a break at or before working 6 hours, the length of that break is not stipulated anywhere in the regulations.

If you work more than 9 hours you should have a break/breaks totalling at least 45 minutes.
This break can be split into segments of at least 15 minutes so you could have three 15 minute breaks or lets say a 25 minute break at or before 6 hours working time then another 20 minute break to be completed at some point before the end of the shift.

Working for 6 hours does trigger a 30 minute break if you intend to work between 6 and 9 hours, but the 30 minutes does not have to be taken en-block it can be split into parts of at least 15 minutes.

Thanks for the above post coffeeholic - If you don’t mind I will use a direct link to it when this issue comes up again, and again, and again …

RTD(WTD) BREAKS explained by a GURU

I am going to call you a GURU whether you like it or not so you’ll just have to put up with it :exclamation: :wink: unless members on here disagree… :question: :question: :question:

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delboytwo:
Hi Coffeeholic

can i ask you something about RTD/WTD and the EU regs why in the EU regs there is not much about POA(well nothing just the bit in the quote)there don’t even use the term,

is it cos its in fact it part of the RTD/WTD

Yep, it’s a RTD thing and not EU Driver’s Hours Regulations.

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delboytwo:
thanks for that just notice that even other work come under RTD as well

But driving and other work aren’t treated any differently under the RTD, it’s all work.

Just to confirm on this,if i get in my cab 3hrs after i started work but have done nothing but sit in the canteen waiting for a unit and now have a 4hr drive should i man entry a 15min break to cover my ■■■ then just take my 45 when at destination!cheers guys.

quork:
Just to confirm on this,if i get in my cab 3hrs after i started work but have done nothing but sit in the canteen waiting for a unit and now have a 4hr drive should i man entry a 15min break to cover my ■■■ then just take my 45 when at destination!cheers guys.

You will need to do a manual entry to cover the three hours between clocking on and getting a unit, that’s a legal requirement. I would suggest the manual entry would be a period of other work while you clock in and get your instructions then a nice long break while you are in the canteen waiting for a unit. If they have told you it will be a three hour wait you could book POA but if you get paid for break I would just use that. Either way POA or Break don’t count toward the 6 hour WTD working limit without a break thing so you would be able to reach your destination before requiring a break.