Another WTD disagreement with a planner

Wayne:
All I can see is that the OP worked 10.5 hrs and in that time only showed a 15 minute break. As I read it the rules say if your shift is between 6 and 9hrs you need to have a 30 min break. I’m not saying that I am right but that’s my interpretation of it.

But the OPs shift wasn’t between 6 and 9 hours, it was 15 hours.

Sent from my mobile.

I get that the Ops shift was 15 hrs and they had the required 45 min break, but, I read the rules as stating that if you work 6-9 hrs then you need to show 30 minutes of break which can be in increments of 15 minutes. I also agree that they did not work work more than 6 hrs without a break. It’s just the 10.5 hrs with only a 15 minute break which I find to be the grey area. Personally I would not be on shift for that length of time and only showing a 15 minute break. Like I said, I’m not saying in right but that I disagree.

tachograph:

Wayne:
All I can see is that the OP worked 10.5 hrs and in that time only showed a 15 minute break. As I read it the rules say if your shift is between 6 and 9hrs you need to have a 30 min break. I’m not saying that I am right but that’s my interpretation of it.

But the OPs shift wasn’t between 6 and 9 hours, it was 15 hours.

Sent from my mobile.

Its this. I have just started a new job and there is a rush to get 15 in before 9 hours. I have tried to explain it like this but they insist it must be before 9 so have given up and just nod

its very interesting how [peoples interpretations of these rules differ reading these rules it says nothing about the break having to be between any hours just what the breaks required are and you cant work more than 6 without 15 wayne go back and read again with this in mind see if it alters your thinking

Read the the rules over and over, I still see it as stating if your “work” is between 6-9 hrs you need to have 30 minutes break. If you exceed 9 hrs you need to have a further 15 minute break. Again, not saying I’m right but that’s what I see.

kcrussell25:
I have just started a new job and there is a rush to get 15 in before 9 hours.

Let’s suppose…

That for what ever reason you get really tired two hours into the drive. What will you do, keep going until you drive off the road?

Take the breaks YOU need when YOU need them. Not when some bumwipe transport lowlife who’s the reason the gene pool needs a lifeguard tells you to.

■■■■ him and it’s gotta be there bollox.

Wayne:
Read the the rules over and over, I still see it as stating if your “work” is between 6-9 hrs you need to have 30 minutes break. If you exceed 9 hrs you need to have a further 15 minute break. Again, not saying I’m right but that’s what I see.

If your “shift” is 6-9 hours take an extra 15

The OP’s was 15 hours so needs 45 total at any point so long as no more than 6 hours work without a break

yourhavingalarf:

kcrussell25:
I have just started a new job and there is a rush to get 15 in before 9 hours.

Let’s suppose…

That for what ever reason you get really tired two hours into the drive. What will you do, keep going until you drive off the road?

Take the breaks YOU need when YOU need them. Not when some bumwipe transport lowlife who’s the reason the gene pool needs a lifeguard tells you to.

[zb] him and it’s gotta be there bollox.

I agree, if needed to I would stop. We then take another 30 after 9 to reset driving time anyway, making a total of an hour so its 15 minutes more than we “need” but if thats how they want to do it thats their choice.

For other reasons I’m not planning on staying here so just nodding and taking the path of least resistance until I leave

Personally I always work on a 15 within 6 hours and after that I’m normally over drive time anyway so need a 30. But if I didn’t need it I take it anyway due to hunger or needing a wee :laughing:
I tend to stick the tacho on break if I’m at a dairy and waiting to tip, I go for a shower and abuse the canteen or shoot the breeze with the guys in site, all my choice to justify a break :wink:

Wayne:
Read the the rules over and over, I still see it as stating if your “work” is between 6-9 hrs you need to have 30 minutes break. If you exceed 9 hrs you need to have a further 15 minute break. Again, not saying I’m right but that’s what I see.

Lets try looking at it from a different angle :slight_smile:

Here are the regulations: legislation.gov.uk/uksi/2005 … ion/7/made

Breaks

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.

We’re only interest in the first 3 rules of the regulation on breaks.
Rule 1 is the 6 hour rule which we all agree on.
Rule 2 we’ll come to in a moment.
Rule 3 says that a driver must have 45 minutes break if his working time exceeds 9 hour (I think we all agree on that one to).

Rule 2 says that “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…”.
(So the criteria for this rule is that the working time must exceed 6 hours but must not exceed 9 hours, if that criteria cannot be met then the rule cannot be applied.)

In the OPs case the working time is 14 1/4 hours.
But rule 2 states that you must have 30 minutes break if the working time “does not exceed nine hours”, this clearly cannot be applied in the OPs case because his working time does exceed nine hours, therefore we have to move onto rule 3 which only specifies a 45 minute break but does not say when the break/breaks must be taken therefore they can be taken at anytime.

Tachograph, ever thought of becoming an instructor, you could earn money :grimacing:

Wayne, if you needed a 30 min break before 9 hours (even if the shift length was 15 hours) then rule 2 would read something like:

(1) No mobile worker shall work for more than six hours without a 15 min break.

(2) No mobile worker shall work more than nine hours without breaks totalling 30 mins

(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…

pierrot 14:
Tachograph, ever thought of becoming an instructor, you could earn money :grimacing:

Given some of the [zb] put out by some instructors I’m not sure if that’s a compliment or an insult :smiley:

Sent from my mobile.

Glad i`m out of it,who in their right mind would want to work with nothing more than something I would call 3x15 minute tea /toilet breaks in a shift,whatever happened to having time for a reasonable meal.Never understand why drivers only take the minimum of breaks that the laws allow.

lolipop:
Glad i`m out of it,who in their right mind would want to work with nothing more than something I would call 3x15 minute tea /toilet breaks in a shift,whatever happened to having time for a reasonable meal.Never understand why drivers only take the minimum of breaks that the laws allow.

:laughing: :laughing:
Glad I’m out of it as well if it has come to this.

What, I have to take a break !

Crack on, like Turkeys wishing for Christmas.

tachograph:

pierrot 14:
Tachograph, ever thought of becoming an instructor, you could earn money :grimacing:

Given some of the [zb] put out by some instructors I’m not sure if that’s a compliment or an insult :smiley:

Sent from my mobile.

Def a compliment :wink: :wink: :slight_smile:

Taking the OPs original hrs. Start 04.00. Break 15min at 09.00. Continue working expecting to take a 30min break at 14.30. But because its Christmas Eve, Mr Scrooge says at 14.00, “OK lad, go off home early”.*
He has now worked for 9hr45 with only 15mins of break. To end his shift legally will he will need to take a 30min break, and then work for 1 minute? (Breaks can`t be tacked onto the end of a shift, they interrupt work periods).

*Yeah, right! :smiley:

Why even work 5 hours without a break…stop every 4 hours and have a break…makes life a lot easier…not for the planners,m but they dont control my life…Hopefully, in 2019, we will run on 1 set of rules only.

truckyboy:
Why even work 5 hours without a break…stop every 4 hours and have a break…makes life a lot easier…not for the planners,m but they dont control my life…Hopefully, in 2019, we will run on 1 set of rules only.

Yep. In order to be more competitive in 2019,we will only need to take a 5min break after 23hours. And under our new freedoms we`ll not be forced to do that either.

Stuff what the rules say about being able to work more than 9hrs as long as you take a 45 minute break at least at some point during the shift. Anyone who hasn’t taken at least a 30 minute and ideally a 45 minute break after working 6hrs is a mug. This is 2018, not 1818 and we’re not slaves working in a poor house. 6hrs and I’m taking 30 minutes off and I don’t care that I can get away with not bothering cos I’ll be taking 45 minutes for a driving break.