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]:
- 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
- 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
- 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
- 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
- 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.