Hi all can someone help please.
on some of our duties the first break is 30mins then followed by a 15mins. I and a few others have questioned this saying it is illegal.
My manager says its not.
When i pointed it out to him in the Eu hours booklet, he says it is under the eu rules but were running on RTD rules.
whos right on this as he wont budge on it.
Thanks in advance
If you’re driving more than 4.5h in your shift then that is illegal as the only way you’re allowed to split your 45 for the purposes of driving time is into two parts the first of which is at least 15 minutes and the second of which is at least 30 minutes. You can’t do it the other way round.
Paul
gazzah:
When i pointed it out to him in the Eu hours booklet, he says it is under the eu rules but were running on RTD rules.
The point he has missed is that the RTD rules are in addition to the EU rules, not instead of them. You can’t pick one or the other, you have to stick to both.
Paul
thats what i said you cant choose either. so im right then a 15mins then a 30mins what ever the situation
Thanks Paul
Blimey gazzah if you’re still on for the same people as you were at the beginning of this month it’s a bit disturbing to think they wouldn’t know such basic regulations 
i was told to call it tea break, dinner break cos you know that a dinner is always longer than a tea break
gazzah:
thats what i said you cant choose either. so im right then a 15mins then a 30mins what ever the situation
I would say no.
As someone pointed out, if those are the only breaks for the whole day and the driving time is less than 4.5 hours then it would be legal as long as the 6 hour rule is not broken and the working time for that shift is not over 9 hours
I would need more info as to the total of driving time and working time for the day to give a positive anwser on your particular situation
Working time is driving and other work added together - it does not include POA or breaks
REGULATION (EC) No 561/2006 takes precedence over any WTD or RTD as far as I am concerned.
You cannot mix and match, but if you drive over 4.5 hours the 30m + 15m is clearly wrong.
The 30 minutes you mention for WTD / RTD only needs to be taken in 15 minute intervals after 6 hours work anyway so ask him to show you his rules.
gazzah:
Hi all can someone help please.
on some of our duties the first break is 30mins then followed by a 15mins. I and a few others have questioned this saying it is illegal.
My manager says its not.
When i pointed it out to him in the Eu hours booklet, he says it is under the eu rules but were running on RTD rules.
whos right on this as he wont budge on it.
Thanks in advance
Are you talking about driving breaks ie: 4.5 hours driving = 45 minute total break/breaks ?
Wheel Nut:
REGULATION (EC) No 561/2006 takes precedence over any WTD or RTD as far as I am concerned.You cannot mix and match, but if you drive over 4.5 hours the 30m + 15m is clearly wrong.
The 30 minutes you mention for WTD / RTD only needs to be taken in 15 minute intervals after 6 hours work anyway so ask him to show you his rules.
Totally agree there WN but more info is required in the OPs case as he may not be driving over 4.5 hours - he has not said yet