tachograph:
I often wonder if Dels having a laugh at our expense 
no i am not look i will tell you this the question was in the march 2009 international CPC
delboytwo:
A UK driver on an international journey is subject to both EU Drivers’ Hours
Regulations and the Working Time Regulations. Explain why the following schedule is
not fully compliant with these requirements.
Driving 1.5 hours
Break 30 minutes
Driving 1.5 hours
Break 15 minutes
Driving 4.5 hours
Other Work 2 hours
and the was the answer from the examiner
Candidates should have identified that the first break from driving was 30 minutes and the
second was 15 minutes thus not compliant with the EU regulation 561/2006. The second
problem was the driver after 4.5 hours of driving then carried out other work. Very few
candidates were able to identify this; the regulation clearly states that after 4.5 hours a driver
must take a 45 minute break. Many will say that is being pedantic if the driver is finished
driving for the day. For those people we are now talking International CPC and I assure them
from experience that this is how the law is applied in Europe. Most candidates said the
driver, had worked more than 6 hours without a 45 minute break under the working time
regulations. The driver had taken 45 minutes of break which would have been compliant with
those regulations.
there is one thing you all seam to be forgetting in the regs, if a driver works more then 9 hours, 45 min is all that is required for the regs
Guidance on the Road Transport (Working Time) Regulations 2005
24
If the mobile workers were to work longer than 9 hours than total breaks for the day would be
45 minutes.
please read the underlined bit
you would have to take 45 mins after the 4.5 hours driving as stated
delboytwo:
…and the was the answer from the examiner
Candidates should have identified that the first break from driving was 30 minutes and the
second was 15 minutes thus not compliant with the EU regulation 561/2006. The second
problem was the driver after 4.5 hours of driving then carried out other work. Very few
candidates were able to identify this; the regulation clearly states that after 4.5 hours a driver
must take a 45 minute break. Many will say that is being pedantic if the driver is finished
driving for the day. For those people we are now talking International CPC and I assure them
from experience that this is how the law is applied in Europe. Most candidates said the
driver, had worked more than 6 hours without a 45 minute break under the working time
regulations. The driver had taken 45 minutes of break which would have been compliant with
those regulations.
And in that very answer, which you have quoted a couple of times now but it seems haven’t read, they also confirm what the rest of us are saying. They are saying that while very few candidates spotted the initial breaks where the ‘wrong way round’ they did correctly identify the fact more than 6 hours had been worked without a break, as required by the WTD.
What does this mean Del?
-
- (1) No mobile worker shall work for more than six hours without a break.
Just those 13 words, don’t add any in that aren’t there such as ‘only the first 6 working hours of the shift’ or ‘only once in a shift not twice’, just what do those 13 simple words mean.
Got to admit I missed the 45 min break requirement directly after the 4.5 hours driving 
I always thought that was a silly rule…
Yes to -
Work 1.5 hours
drive 4.5 hours
break 45 mins
but no to -
work 1 hour
drive 4.5 hours
work 0.5 hour
break 45 mins
ROGISM at it’s best 
