Tacho infringement from 6 hour rule even after having break

So I got an infringement claiming that I started at 07:00 and didn’t have a break until 14:00 but I’m 99% sure I had a 15 min break at about 12:30. On another day I started at 07:00 and had 15 min at about the same 12:30ish time and when I carried on driving the tacho was warning me about going over 6 hours working time.

I was under the impression that you can’t work more than 6 hours without a break and if working 6-9 hours you need a 30 min break BUT that can be split into two breaks of 15 min.

Is that right?

You can do a printout of the day or do what I do and scroll through it on the tacho to check anything I’ve not noted down or forgotten.

If you press the up button you get to the full menu and you can select driver print or driver display and select the day. As it is BST at the moment, you want to select no to UTC, so it displays in local time.

It is possible it wasn’t the break but another mistake you may have made with the manual entry or something.

Some tachograph units revert back to other work if you put it on break then switch the engine off.

It is also possible you had 14 min break instead of 15 which wouldnt be recognised. We will need to see a printout of the day to see what happened. In the furture try to have an extra 1 or 2 mins when recording a break…

smog:
So I got an infringement claiming that I started at 07:00 and didn’t have a break until 14:00 but I’m 99% sure I had a 15 min break at about 12:30. On another day I started at 07:00 and had 15 min at about the same 12:30ish time and when I carried on driving the tacho was warning me about going over 6 hours working time.

I was under the impression that you can’t work more than 6 hours without a break and if working 6-9 hours you need a 30 min break BUT that can be split into two breaks of 15 min.

Is that right?

You must have a break of 15 minutes or more before exceeding 6 hours working time.
If your total working time is more than 6 hours but not more than 9 hours you must have a break or breaks totalling 30 minutes.
If your total working time exceeds 9 hours working time you must have a break or breaks totalling 45 minutes.
All WTD breaks can be taken in segments of no less than 15 minutes.

At the moment you’re just guessing at what breaks were recorded on the tachograph, to see what’s gone wrong you need to do printouts for the relevant days and this should show you what’s happened.

I was taught, when having a break, to add 2 minutes….so a 15 is actually a 17. This ensures a full 15 is registered. I’ve been doing this for 3 years without any issue from my boss.

Mr DILLIGAF:
I was taught, when having a break, to add 2 minutes….so a 15 is actually a 17. This ensures a full 15 is registered. I’ve been doing this for 3 years without any issue from my boss.

I’ve heard similar, but just for reference I was on a break when it wasn’t really needed, so I was happy to drive off when it said 14 minutes, it did round up to 15 and showed in the tacho as a 15 break.
So I think as soon as it says 15 or 45 you can rely on it and drive off.

smog:
So I got an infringement claiming that I started at 07:00 and didn’t have a break until 14:00 but I’m 99% sure I had a 15 min break at about 12:30. On another day I started at 07:00 and had 15 min at about the same 12:30ish time and when I carried on driving the tacho was warning me about going over 6 hours working time.

I was under the impression that you can’t work more than 6 hours without a break and if working 6-9 hours you need a 30 min break BUT that can be split into two breaks of 15 min.

Is that right?

Some tacho heads have wtd enabled. If you have taken a 15 and it flashes wtd then it’s most probs just reminding you even though you have already taken it. It will do it for 9hr too, had this many times on some our new units.

Never had an infringement from it though.

Managed to get an infringement for yesterday though took my 15 at 5.59am and my head went to pot and though I was safe till my net break at 8hrs into my shift but went over 6hrs from 6.15 [emoji17] live and learn I suppose.

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stu675:

Mr DILLIGAF:
I was taught, when having a break, to add 2 minutes….so a 15 is actually a 17. This ensures a full 15 is registered. I’ve been doing this for 3 years without any issue from my boss.

I’ve heard similar, but just for reference I was on a break when it wasn’t really needed, so I was happy to drive off when it said 14 minutes, it did round up to 15 and showed in the tacho as a 15 break.
So I think as soon as it says 15 or 45 you can rely on it and drive off.

dont quote me on this but i belive the tacho works in 30 second sections and records whatever was used most in that 30 second section. So drive untill 14:00:03 rest from 14:00:04… rest will be shown from 14:00:00. This is probably why the tacho display showed 14 min but recorded a 15 min break. However the reverse can be true and although the tachodisplays 15 min break it might not have recorded 15 min hence why you should always have 17 or 32 or 47 min of break according to your needs.

Had this happen to me a while back, then read a post on

A freedom of information request about procecutions for WTD

Realised no one ever prosecuted for it, and just if seen alerts those on a roadside check, to take closer look that other infringements haven’t taken place… easily done as like someone mentioned turned the ignition on to wind window down and it had flipped me off rest… used to worry about it, now just do my best to avoid it happening.

cooper1203:

stu675:

Mr DILLIGAF:
I was taught, when having a break, to add 2 minutes….so a 15 is actually a 17. This ensures a full 15 is registered. I’ve been doing this for 3 years without any issue from my boss.

I’ve heard similar, but just for reference I was on a break when it wasn’t really needed, so I was happy to drive off when it said 14 minutes, it did round up to 15 and showed in the tacho as a 15 break.
So I think as soon as it says 15 or 45 you can rely on it and drive off.

dont quote me on this but i belive the tacho works in 30 second sections and records whatever was used most in that 30 second section. So drive untill 14:00:03 rest from 14:00:04… rest will be shown from 14:00:00. This is probably why the tacho display showed 14 min but recorded a 15 min break. However the reverse can be true and although the tachodisplays 15 min break it might not have recorded 15 min hence why you should always have 17 or 32 or 47 min of break according to your needs.

If the head shows “15” then (although it may be truly “14-30”) it will record “15”.
Having said that, taking an extra minute or two will hurt no-one.
Always read the head itself, don`t rely on any sort of timer.

Hi, I got this message (attached) come up on my tacho machine. I had literally just completed a 45 minutes break an hour before, and I was totally within my hours, the only think I can think it is that I maybe messed up my manual entry at the beginning of my shift?

I did a printout at time of infringement.

Any advise would be greatly appreciated, and I would like t apologies if I have hijacked somebody else’s topic but couldn’t work out how to create an original post.

Mac

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Mac2450:
Hi, I got this message (attached) come up on my tacho machine. I had literally just completed a 45 minutes break an hour before, and I was totally within my hours, the only think I can think it is that I maybe messed up my manual entry at the beginning of my shift?

I did a printout at time of infringement.

Any advise would be greatly appreciated, and I would like t apologies if I have hijacked somebody else’s topic but couldn’t work out how to create an original post.

Mac

I think your tacho is set up wrongly to warn you when you exceed 10 hrs in any shift (that’s only a driving time limit) given that it’s showing 10 hrs 1 min , not 6hrs 1 min for example.

If you want to post your printout that would give more info, but surely you can tell if your Manual entry has recorded rest or other work.

Yeah, i will take a look at that and try and post. Im a new driver and just trying to figure all this out.

Thanks stu675

I had an issue once where I think I got an infringement when starting out, to keep it short I think I had 15 min on poa and 30 min on rest, I’m sure it registered and I didn’t think anything of it. I now don’t bother with poa or if I do and I want to clear my driving time I’ll take the whole 45 mins in either poa or rest, remembering to not mix the two

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Coaxx:
I had an issue once where I think I got an infringement when starting out, to keep it short I think I had 15 min on poa and 30 min on rest, I’m sure it registered and I didn’t think anything of it. I now don’t bother with poa or if I do and I want to clear my driving time I’ll take the whole 45 mins in either poa or rest, remembering to not mix the two

I take it you do know that POA doesn’t count as break or rest ?

45 minutes of POA will clear the driving time on the tachograph display but does not count as a break.

tachograph:

Coaxx:
I had an issue once where I think I got an infringement when starting out, to keep it short I think I had 15 min on poa and 30 min on rest, I’m sure it registered and I didn’t think anything of it. I now don’t bother with poa or if I do and I want to clear my driving time I’ll take the whole 45 mins in either poa or rest, remembering to not mix the two

I take it you do know that POA doesn’t count as break or rest ?

45 minutes of POA will clear the driving time on the tachograph display but does not count as a break.

I’m aware, however I was a little sketchy on it way back when I first started out

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