6hr break rule?

Peaky Blinder:
Bit of advice needed please.
I keep getting infringements for breaking the 6 hour rule.
Does the 6 hours rule start from the beginning of my shift (9.30) or the end of my 45 min break (13.00) I take another break around 17.00 for at least 30 mins.If the afternoon is quiet I take more breaks. (I do multi drop parcel delivery in a 7.5t)…,any help will be grateful.

The 6 hour rule says you should not work more than 6 hours without a break at any time in the shift.
So you should not work more than 6 hours from the start of the shift or the end of the previous break without another break of at-least 15 minutes.

If you start at 09:30 then have a break at 12:15 which ends at 13:00 that’s no problem because you haven’t worked more than 6 hours without a break.
If you end your break at 13:00 then work to 17:00 before having another break of at-least 15 minutes again that’s no problem because you haven’t worked more than 6 hours without a break.

I assume you don’t work over 6 hours after the break at 17:00, so if that’s your usual shift pattern you should not be getting infringements for the 6 hour rule.

I know this is probably a daft question but it’s the only thing I can think of that could be going wrong, do you always remember to record all of your breaks on your tachograph ?

I forgot to mention that the end of my shift is 19.00-19.30.
Yes I always record all breaks because this has happened before.

Peaky Blinder:
I forgot to mention that the end of my shift is 19.00-19.30.
Yes I always record all breaks because this has happened before.

Can we see a printout of one of the days when you got an infringement? If you are starting at 0930 and taking a 45 minute break around 1300 and another 30 minutes around 1700 then finishing around 1930 you should not be getting a WTD “six hour break” infringement.

Is it poss to add a period of 1hr POA onto the end of a 15hr day and start work again 8hrs after POA ended?

Boris1971:
Is it poss to add a period of 1hr POA onto the end of a 15hr day and start work again 8hrs after POA ended?

Possible? Yes. Legally? No - POA is not Rest.

Boris1971:
Is it poss to add a period of 1hr POA onto the end of a 15hr day and start work again 8hrs after POA ended?

Only if you want to get parked up and fined if you get stopped, as has been said POA does not count as rest.

My company applies the same rules and I think the reason is that they use a computer software that reads the digital tachograph and if the break is less then 30 minutes the programme display the error as infringement. The manager prints the infringement and you sign it. Most of my office managers do not know the working time rules.

No your all wrong its 20 MINUTES AFTER 6 HOURS !!! :imp:

:smiley: Only joking, cheers for the posts guys theres some really good ammo to fire to the old skhool " i know the way young un" 30 minute gang, I got told by my planner the other day I had to have 45 every 6 hours work :angry:

Only issue ive been having is that when I use my POA on the Stoneridge it counts as break and can be confusing, something to do with when the system came out and all EU agreed apart from Sweden and the UK who use POA as not a break … Apparently :smiley:

Loving the advice though guys ive read this thread 3 times lol. :smiley:

Hello everybody . I have one question and I hope you can help me . If I work (driving and another work) 6hr and take 30 min break after that work 2.5hr and finish that’s correct ? Because that’s happened me yesterday for the first time ! Usually I work 6hr with 15min break following by 3hr work with 30 min break but yesterday was different story . I work yesterday 8.5hr (4hr 25min driving including) and I take only 30 min break after my 6hr . That’s correct ? Thank you .

bmwww:
… If I work (driving and another work) 6hr and take 30 min break after that work 2.5hr and finish that’s correct ? …

Perfect

bmwww:
Hello everybody . I have one question and I hope you can help me . If I work (driving and another work) 6hr and take 30 min break after that work 2.5hr and finish that’s correct ? Because that’s happened me yesterday for the first time ! Usually I work 6hr with 15min break following by 3hr work with 30 min break but yesterday was different story . I work yesterday 8.5hr (4hr 25min driving including) and I take only 30 min break after my 6hr . That’s correct ? Thank you .

Yes that’s fine, when the total working time is between 6 and 9 hours you need a break/breaks totalling 30 minutes which is what you had so it’s legal.

Thank you and few questions more . Can i take - 6hr work - 15min break - 2hr work - 15min break -30 min work ? Also If I work 8.5hr shift but I take my 30 min break after 6hr following by 2.5hr work but I have driving time 4.5hr after my last break I need to take another 30min - that’s correct ?

Also I forgot - yesterday I worked 6hr with 30 min break following by 2.5work and finish but when I check my digi tacho show me pause symbol=15min not 30min ?

bmwww:
Can i take - 6hr work - 15min break - 2hr work - 15min break -30 min work ?

yes

If you need to reset the 4.5 driving time then the second break must be at least 30 mins before the 4.5 is exceeded

Thank you !

A bit of ambiguity regarding the 6 hour rule.

The DofT guidance is ambiguous because there is a situation where you have to take 1 hours rest if you exceed 9 hours at work not 45 mins even though you don’t reach 9 hours driving and that is where a gap between breaks is greater than 6 hours.

I couldn’t understand why this was flagged up in some tacho analysis. The DfT advice should be amended to reflect that perhaps along the lines during a working day no period of 6 hours shall be worked without at least a 15 minute break is taken.

At present it reads as if if your day is between 6 and 9 hours take a 30min WTD break and if it is over 9 hours a 45 minute break. The ambiguity is the statement 45 minute break if working more than 9 hours in total.

I worked a total of 6hrs & 12mins a couple of weeks back (3h 20m driving) and had a 20 minute break around the 2hr mark…picked up an infringement for ‘insufficient break’…should I have had a further 15 in our yard (with another minute of work tagged on the end) before pulling my card and actually commencing my daily rest? It would have been over 30mins but the tacho on the Merc reverts to other work when the ignition is switched on to open the window and I forgot to put it back on break…unit is in now to have tacho reset

Actrosman:
I worked a total of 6hrs & 12mins a couple of weeks back (3h 20m driving) and had a 20 minute break around the 2hr mark…picked up an infringement for ‘insufficient break’…should I have had a further 15 in our yard (with another minute of work tagged on the end) before pulling my card and actually commencing my daily rest? It would have been over 30mins but the tacho on the Merc reverts to other work when the ignition is switched on to open the window and I forgot to put it back on break…unit is in now to have tacho reset

For the RT(WT)R you shouldn’t have got an infringement because you never went over 6 hours working time, breaks don’t count as working time so you only did 5 hours and 52 minutes of working time which does not require a break.

Your company may have a rule that states you must have 30 minutes of break and that could be why you goat the infringement.

Best check your companies rules :wink:

Just as I thought but thought I’d clarify on here before going in guns blazing! AFAIK, they don’t ask for 30mins. Cheers bud, appreciated

Sent from my iPhone using Tapatalk

tachograph:

Actrosman:
I worked a total of 6hrs & 12mins a couple of weeks back (3h 20m driving) and had a 20 minute break around the 2hr mark…picked up an infringement for ‘insufficient break’…should I have had a further 15 in our yard (with another minute of work tagged on the end) before pulling my card and actually commencing my daily rest? It would have been over 30mins but the tacho on the Merc reverts to other work when the ignition is switched on to open the window and I forgot to put it back on break…unit is in now to have tacho reset

For the RT(WT)R you shouldn’t have got an infringement because you never went over 6 hours working time, breaks don’t count as working time so you only did 5 hours and 52 minutes of working time which does not require a break.

Your company may have a rule that states you must have 30 minutes of break and that could be why you goat the infringement.

Best check your companies rules :wink:

No need
companies can’t dictate wtd or eu rules
You would not have got any infringement if you only worked 5hr 52mins but as you said yourself you worked six hours and 12 minutes and only had at 20 minute break instead of 30
a mistake that 90% of drivers make just make sure you get 30mins if you know your going to be working over 6 hours
if you work 5 hours 59 min’s you don’t need any break

menace1:

tachograph:

Actrosman:
I worked a total of 6hrs & 12mins a couple of weeks back (3h 20m driving) and had a 20 minute break around the 2hr mark…picked up an infringement for ‘insufficient break’…should I have had a further 15 in our yard (with another minute of work tagged on the end) before pulling my card and actually commencing my daily rest? It would have been over 30mins but the tacho on the Merc reverts to other work when the ignition is switched on to open the window and I forgot to put it back on break…unit is in now to have tacho reset

For the RT(WT)R you shouldn’t have got an infringement because you never went over 6 hours working time, breaks don’t count as working time so you only did 5 hours and 52 minutes of working time which does not require a break.

Your company may have a rule that states you must have 30 minutes of break and that could be why you goat the infringement.

Best check your companies rules :wink:

No need
companies can’t dictate wtd or eu rules
You would not have got any infringement if you only worked 5hr 52mins but as you said yourself you worked six hours and 12 minutes and only had at 20 minute break instead of 30
a mistake that 90% of drivers make just make sure you get 30mins if you know your going to be working over 6 hours
if you work 5 hours 59 min’s you don’t need any break

No-ones said a company can make up WTD or EU rules is that’s what you mean, a company can however have rules that require more breaks than the WTD or EU regulations stipulate.

The fact that he was at work for more than 6 hours is irrelevant to how much break was required, the RT(WT)R 2005 stipulate that you need a break of 30 minutes if your working time is more than 6 hours but not more than 9 hours, breaks and POA do not count towards working time therefore he never did more than 6 hours working time so did not legally need a 30 minute break.