6hr break rule?

ASK THE EXPERTS SAFETY, LAW AND WORKING TIME DIRECTIVE FORUM (INTE
21

tachograph:

delboytwo:
You all think its 15 minutes but its not its 30 minutes, the 15 minute is a option not a requirement.

If you read the regs it says if you work 6 to 9 hours 30 minutes is required and if your boss requires you to have a 30 minute break then so be it.

The regulations require a break of at-least 15 minutes to be taken before going over 6 hours working time.

I don’t think anyone’s disputing that company policy can require a 30 minute break to be taken, company policy can require any amount of break, but that’s company policy not law, the legal minimum break taken before exceeding 6 hours working time is 15 minutes.

Wrong, there never say how long the break as to be before going over 6 hours,

If you read this and you will see why I say this

7.–(1) No mobile worker shall work for more than six hours without a break.

(2) Where a mobile worker’s working time exceeds six hours but does not exceed nine hours, the worker shall be entitled to a break lasting at least 30 minutes and interrupting that time.
(3) Where a mobile worker’s working time exceeds nine hours, the worker shall be entitled to a break lasting at least 45 minutes and interrupting that period.

(4) Each break may be made up of separate periods of not less than 15 minutes each…

(5) An employer shall take all reasonable steps, in keeping with the need to protect the health and safety of the mobile worker, to ensure that the limits specified above are complied with in the case of each mobile worker employed by him.

there is nowhere in the quote that says 15 minutes is required, but there is an option to take 15 minutes

but there is a requirement to have 30 minutes between 6 to 9 hours or 45 minutes if more than 9 hours worked

the bit in blue say that it 30 minutes, and this is why employers (well some) ask you to take 30 minutes instead of 15 minutes in two parts.

lots of people think you have to have 15 minutes at or before 6 hours but you don’t is a choice, not required. The break as to be at least 15 minutes but does not have to be it can be 30 minutes if you so desired.

and here lies the confusion.

22

delboytwo:

tachograph:

delboytwo:
You all think its 15 minutes but its not its 30 minutes, the 15 minute is a option not a requirement.

If you read the regs it says if you work 6 to 9 hours 30 minutes is required and if your boss requires you to have a 30 minute break then so be it.

The regulations require a break of at-least 15 minutes to be taken before going over 6 hours working time.

I don’t think anyone’s disputing that company policy can require a 30 minute break to be taken, company policy can require any amount of break, but that’s company policy not law, the legal minimum break taken before exceeding 6 hours working time is 15 minutes.

Wrong, there never say how long the break as to be before going over 6 hours,

We all know the regulations do not state a 15 minute break before exceeding 6 hours working time, the regulations do however stipulate that a 15 minute break is the least that will count for the working time regulations.
As no break duration is stipulated it has to be the shortest break that will count for the WTD.

delboytwo:
If you read this and you will see why I say this

7.–(1) No mobile worker shall work for more than six hours without a break.

(2) Where a mobile worker’s working time exceeds six hours but does not exceed nine hours, the worker shall be entitled to a break lasting at least 30 minutes and interrupting that time.
(3) Where a mobile worker’s working time exceeds nine hours, the worker shall be entitled to a break lasting at least 45 minutes and interrupting that period.

(4) Each break may be made up of separate periods of not less than 15 minutes each…

(5) An employer shall take all reasonable steps, in keeping with the need to protect the health and safety of the mobile worker, to ensure that the limits specified above are complied with in the case of each mobile worker employed by him.

there is nowhere in the quote that says 15 minutes is required, but there is an option to take 15 minutes

but there is a requirement to have 30 minutes between 6 to 9 hours or 45 minutes if more than 9 hours worked

the bit in blue say that it 30 minutes, and this is why employers (well some) ask you to take 30 minutes instead of 15 minutes in two parts.

lots of people think you have to have 15 minutes at or before 6 hours but you don’t is a choice, not required. The break as to be at least 15 minutes but does not have to be it can be 30 minutes if you so desired.

and here lies the confusion.

There is no confusion, the law requires a break of at-least 15 minutes before exceeding 6 hours working time, just as I said in my post and just as you’ve agreed in your post.

As this thread has been stickied could I suggest that all the posts after ROG’s last post should be either deleted or separated, this is just adding confusion to the thread :unamused:

23

There is no confusion, the law requires a break of at-least 15 minutes before exceeding 6 hours working time, just as I said in my post and just as you’ve agreed in your post.

show me where its law that it as to be 15 minutes at 6 hours ■■? its say 30 minutes between 6 hours and 9 hours work

24

@ Tacho, agreed. The rules are pretty clear, if one opens one’s eyes and bothers to read them. :unamused:

25

delboytwo:

There is no confusion, the law requires a break of at-least 15 minutes before exceeding 6 hours working time, just as I said in my post and just as you’ve agreed in your post.

show me where its law that it as to be 15 minutes at 6 hours ■■? its say 30 minutes between 6 hours and 9 hours work

OH FFS DEL. Are you just being deliberately stupid or are you actually stupid?? WTF is wrong with you?

Breaks
(1) No mobile worker shall work for more than six hours without a break.
(2) Where a mobile worker’s working time exceeds six hours but does not exceed nine hours, the worker shall be entitled to a break lasting at least 30 minutes and interrupting that time.
(3) Where a mobile worker’s working time exceeds nine hours, the worker shall be entitled to a break lasting at least 45 minutes and interrupting that period.
(4) Each break may be made up of separate periods of not less than 15 minutes each…

Which ■■■■■■■ part are you not comprehending?

Nowhere does it start that the break as [sic] to be 15 minutes at 6 hours. If you want to take 30 minutes or 30 hours break at 6 hours work then you ■■■■■■■ can do. The rules state that A break must be taken at or before 6 hours and when you add in statement 4 from the same rules then the break cannot be any less than 15 minutes. It’s not ■■■■■■■ difficult to understand, geez. :unamused:

26

Rob K:

delboytwo:

There is no confusion, the law requires a break of at-least 15 minutes before exceeding 6 hours working time, just as I said in my post and just as you’ve agreed in your post.

show me where its law that it as to be 15 minutes at 6 hours ■■? its say 30 minutes between 6 hours and 9 hours work

OH FFS DEL. Are you just being deliberately stupid or are you actually stupid?? WTF is wrong with you?

Breaks
(1) No mobile worker shall work for more than six hours without a break.
(2) Where a mobile worker’s working time exceeds six hours but does not exceed nine hours, the worker shall be entitled to a break lasting at least 30 minutes and interrupting that time.
(3) Where a mobile worker’s working time exceeds nine hours, the worker shall be entitled to a break lasting at least 45 minutes and interrupting that period.
(4) Each break may be made up of separate periods of not less than 15 minutes each…

Which [zb] part are you not comprehending?

Nowhere does it start that the break as [sic] to be 15 minutes at 6 hours. If you want to take 30 minutes or 30 hours break at 6 hours work then you [zb] can do. The rules state that A break must be taken at or before 6 hours and when you add in statement 4 from the same rules then the break cannot be any less than 15 minutes. It’s not [zb] difficult to understand, geez. :unamused:

I am not doubting you can have 15 minutes am saying it does not have to be 15 minutes at 6 hours it a choice not a requirement as tacho says.

and there is not reason for you to swear at me for pointing of a true fact that its not compulsory to take 15 minutes it a choice and that I am getting at.

27

delboytwo:

There is no confusion, the law requires a break of at-least 15 minutes before exceeding 6 hours working time, just as I said in my post and just as you’ve agreed in your post.

show me where its law that it as to be 15 minutes at 6 hours ■■? its say 30 minutes between 6 hours and 9 hours work

Del, before arguing please read what I’ve posted, I’ve said that the break for the 6 hour rule must be at-least 15 minutes, which is exactly the same as what you’ve said.

No-one is saying that it cannot be longer, we’re just stating what the minimum break has to be.

The only confusion is that you’re not reading the posts carefully enough, go back as read what I’ve posted and then read again what you’ve posted, then read what everyone else has posted, you’ll find that we’re all in agreement.

delboytwo:
I am not doubting you can have 15 minutes am saying it does not have to be 15 minutes at 6 hours it a choice not a requirement as tacho says

Del, I’ve just re-read my posts in this thread and cannot find where I’ve said a 15 minute break is a requirement, I’ve said that the regulations require a break of at-least 15 minutes.

28

I have read all the posts and see your point, when I read it I got to the letter that ROG posted from nick and there is where my posts came from, saw the word must take in it and as I tend to do is close down on other parts

sorry tachograph

29

delboytwo:
I have read all the posts and see your point, when I read it I got to the letter that ROG posted from nick and there is where my posts came from, saw the word must take in it and as I tend to do is close down on other parts

sorry tachograph

No worries mate, I’m glad it’s sorted :wink:

30

delboytwo:
I have read all the posts and see your point, when I read it I got to the letter that ROG posted from nick and there is where my posts came from, saw the word must take in it and as I tend to do is close down on other parts

sorry tachograph

But if you read the e mail that was sent to me . What steve oliver is saying is that (a minimum break of 15 min is taken) as all wtd breaks can be made up of breaks totaling no less than 15 mins.

31

I’m on a dcpc atm, trainer just told 15 driver’s that at 6 hrs you MUST take 30 minutes break , So playing devil’s advocate I asked if I could work 6 hrs take 15 break then work 3 hrs then take another 15 , his answer was 1st break in that example would have to be 30 and 2nd break 15 … What chance is there when supposed trained trainer’s are teaching people wrong

32

Whirlwind:
I’m on a dcpc atm, trainer just told 15 driver’s that at 6 hrs you MUST take 30 minutes break , So playing devil’s advocate I asked if I could work 6 hrs take 15 break then work 3 hrs then take another 15 , his answer was 1st break in that example would have to be 30 and 2nd break 15 … What chance is there when supposed trained trainer’s are teaching people wrong

Ask trainer to point out where it says such in the rules

33

Whirlwind:
I’m on a dcpc atm, trainer just told 15 driver’s that at 6 hrs you MUST take 30 minutes break , So playing devil’s advocate I asked if I could work 6 hrs take 15 break then work 3 hrs then take another 15 , his answer was 1st break in that example would have to be 30 and 2nd break 15 … What chance is there when supposed trained trainer’s are teaching people wrong

You can’t tell them. They’ve all been trotting out this BS right from day 1. I posted on here a couple of years ago about the exact same thing as the guy I still occasionally drive for is also doing DCPC training and he was also adamant that you had to take 30 at 6 hours. In fairness to him he did hold his hands up and apologise when I showed him the legislation but imho if you’re going down the road of teaching people the rules you need to make 100% sure you understand them all correctly beforehand. :bulb:

34

Your problem is that 14 driver’s here believe what trainer has told them and think I’m a prat , in other drivers defence who would you believe

35

Whirlwind:
Your problem is that 14 driver’s here believe what trainer has told them and think I’m a prat , in other drivers defence who would you believe

Well quite. And that’s what you’re/we’re up against unfortunately. :frowning:

36

The only redeeming factor, if you can call it that, is the dcpc trainer is saying to have more break than required and not less :unamused:

37

The trainer I had for my DCPC new you can have 15 minutes, but when I was there, there was 12 guys from the same firm and the boss was there two, the boss told the instructor that its 30 minutes I work on and then if there have to take a driving break then that’s 30 minutes two, he told the trainer I don’t pay for 1 hour a day and this keeps me in check with vosa and stops drivers that go home early forgetting to take the other 15 minutes, as this is why the drivers are here so I don’t keep telling them there have infringements.

38

The way I do it is to have a 15 mid morning, then a 30 around dinnertime which covers me for WTD and resets my drive for EU. I may then have a 15 mid afternoon, which set’s me up nicely if I need a second 30 and go into a 10 hour drive.

I had a discussion with one of our drivers as he said that just a 15 I’d had that day wasn’t legal, POA for best part of 7 hours with 1 hour other work and about 4 hours driving, when I explained I didn’t even need the 15 his head almost exploded.

39

If you have 1 hour POA, does that allow you to take a minimum break 1 hour later ? ie at the 7 hour point ?

Just a debate at our place, various opinions.

40

Rooster:
If you have 1 hour POA, does that allow you to take a minimum break 1 hour later ? ie at the 7 hour point ?

Just a debate at our place, various opinions.

Yes it does.

The rule is that you shoudn’t work more than 6 hours without a break, and POA isn’t clased as work.