had one 45min break today, en route to gillingham get stuck in heavy traffic in maidstone tacho flashes up break for my second driving period now done 9hrs,no where to stop that i know or can see proceed up to 26min driving to find area to stop, whack 15min of break on then head to gillingham, about 30min driving. park up in depot back on break remove the card.rest of the week off now. 
is this bad boy stuff and head streight to jail or have i done the best i could have done 
If I’m reading this right, your tacho flashes up that you need a break after 9 hours, and you only have a 15, and then proceed to drive?
I feel an insufficient break infringement coming on, as you should have had a 45, and an infringement for driving 26 minutes over your second four and a half.
Orf with his head.
Ken.
Yeah I’m a little lost too.
…as Quinny says ! Just because you get stuck in traffic doesn’t mean you don’t have to have a break.
As said before you can’t just have the 15 minutes.
When your 4:30 hours is up you have to stop for 45minutes end of story.
LR18-8:
As said before you can’t just have the 15 minutes.When your 4:30 hours is up you have to stop for 45minutes end of story.
Unless you’ve already had 15 in which case then you only need to take 30
Should of stopped had your 45 and then maybe used your extended 1 hours driving, infringement coming your way !
heliguy10:
had one 45min break today, en route to gillingham get stuck in heavy traffic in maidstone tacho flashes up break for my second driving period now done 9hrs,no where to stop that i know or can see proceed up to 26min driving to find area to stop, whack 15min of break on then head to gillingham, about 30min driving. park up in depot back on break remove the card.rest of the week off now.
I’m also confused by this, you appear to be saying that when you should have had a break because you’d done 4½ hours driving you had 15 minutes and you then carried on back to your depot to finish the break.
From what you’ve said after your first break you appear to have done approximately 5 hours 22 minutes driving with only a 15 minute break.
Why didn’t you stop for the 45 minutes when you had the 15 minutes ? 
You won’t go to jail and you won’t lose your head, but you could lose £60 if you get stopped by VOSA.
I would strongly recommend that you have a read/study of the Rules on Drivers’ Hours and Tachographs
Wouldn’t have been too bad if you’d have had 45 minutes break instead of the 15 minutes as you could have done a printout to explain why you went 26 minutes over your 9 without sufficient breaks and write the reason. Why did you only have 15 minutes? We’re you close to duty time?
They may take your explanation if its a one off or say that you should plan your day better and stop sooner rather leaving it to the last minute. As much detail as possible helps your case, if there was a crash for instance, write specifics. They know we aren’t robots and make mistakes but you don’t want to make a habit of what you have just written as its a pretty bad infringement.
Not that I haven’t probably done similar in the past, cough, cough. Just wait for 6 months and you’re in the clear.
Put simply you must have 45 minutes break after 4.5 hours driving. So in the day you mention you would have needed 2 separate 45 minute breaks after each 4.5 hour driving period then you can use your 10th hour.
Kevwall:
Should of stopped had your 45 and then maybe used your extended 1 hours driving, infringement coming your way !
Defo +1… Should have took a 45 Instead of a 15…
Will prob get shot down here, but i always understood if you drove 4.5, have 45, drive 4.5 more, you only need a 30 min break to drive final hour if you are doing 10?
45 Minutes break after each 4.5 hours of driving, no matter if your only gonna do 10 minutes more driving or an hours more driving has to be 45 mate !
mutley75:
Will prob get shot down here, but i always understood if you drove 4.5, have 45, drive 4.5 more, you only need a 30 min break to drive final hour if you are doing 10?
No mate.After 4.5 driving ( even your 2nd stint of driving ) you have to take 45 min break.Then your good for your last 1 hours drive on a 10.
Good job i am always double manned! I would be on the naughty step!
mutley75:
Will prob get shot down here, but i always understood if you drove 4.5, have 45, drive 4.5 more, you only need a 30 min break to drive final hour if you are doing 10?
You’re starting to muddle together tacho and WTD rules. The rule is minimum of 45 min break before 4.5 hours driving has been reached, no deviation from this.
Actually I don’t actually know the rules for your 2nd break under WTD, but that’s 'cos I don’t really care anyway.
the maoster:
Actually I don’t actually know the rules for your 2nd break under WTD, but that’s 'cos I don’t really care anyway.
Given that the WTD has nothing to do with driving breaks I doubt anyone else cares either 
the maoster:
Actually I don’t actually know the rules for your 2nd break under WTD, but that’s 'cos I don’t really care anyway.
That could be because there isn’t any, the rules give maximum periods of work without a break (6 hours) and a minimum break requirement dependent on the working hours in your shift (30 minutes for 6-9 hours 45 minutes over 9 hours). You can split any of these breaks but must have a minimum of 15 minutes on each occasion.
In the example being discussed here with 2 x 45 minute driving breaks I think it very unlikely that WTD infringements will be incurred unless you do more than 1 hour of other work between start/break/break/finish.
Having typed all that I don’t give a [zb] either. 
Another quick question here regarding this type of scenario, if you do 4h 10 min in the first stint, 4h 15min in the second stint could you use the 35min you hav’nt used to add to the last hour and do 1h 35 in the third stint
Midnight Rambler:
Another quick question here regarding this type of scenario, if you do 4h 10 min in the first stint, 4h 15min in the second stint could you use the 35min you hav’nt used to add to the last hour and do 1h 35 in the third stint
Yes you can do that.
You don’t lose daily driving time by having the breaks before reaching 4½ hours driving time.
You can have the breaks any time as long as you don’t do more than 4½ hours driving time without a 45 minute break, whenever you have the breaks you still can do 9 hours driving between daily rest periods and 10 hours driving twice a week.