Breaks

Can somebody just clarify after12hrs duty does that trigger a additional 30min break?cheers all

Rossco75:
Can somebody just clarify after12hrs duty does that trigger a additional 30min break?cheers all

No, whether or not you need another break when you go over 12 hours working time depends on what breaks you’ve already had.

The rules for the working time breaks are:

Up-to 6 hours working time.

  • No break is legally required.

If the shift is more than 6 hours working time but not more than 9 hours working time.

  • A total break/breaks of 30 minutes is required, this can be taken in 2 parts of 15 minutes each and at-least 15 minutes of the 30 minute break should be taken before going over 6 hours working time.

Or (You are legally required to comply with either the rule above ↑, or the rule bellow ↓, but not both)

If the shift is more than 9 hours working time.

  • Total break/breaks should be at-least 45 minutes and at no point in the shift should you do more than 6 hours working time before having a break of at-least 15 minutes.
  • So for the 6 hour rule a 15 minute break should be taken
  • No later than 6 hours working time from the start of the shift
  • And*
  • No later than 6 hours working time since the end of the last break.
    [/*:m][/list:u]

Breaks for the working time regulations (RT(WT)R 2005) can be split into separate breaks of at-least 15 minutes each and cannot be taken at the immediate start or end of the shift.
Driving breaks count as breaks for the RT(WT)R and where appropriate breaks for the RT(WT)R count as driving breaks.

I think the OP is thinking that the first 6 hours requires a 30 min break and then the next 6 hours requires a 30 min break therefore thinking that a break of 30 mins is required by each 6 hour point - I could be mistaken but it reads that way to me

Perhaps it might help if I put it this way …
At no time during a shift should a driver go more than 6 hours work (driving + other work) without taking at least a 15 min break

There is then a requirement to take a total amount of breaks during a shift where the total working time in that shift is a certain amount and the post above has explained that.

Two different rules and each must be considered separately to see if each has been complied with

There is then the tacho driving break rules which may or may not kick in before the working time break rules

The breaks taken can count for both driving time and working time but the rules on driving time breaks take preference

Have I said that in a simple way that can be understood :question:

Thanks for the replays.

Rossco75:
Thanks for the replays.

I thought this was a repeat :laughing:

Quick hijack post.

If I start at 06:00, break 11:45-12:00, then finish work 14:00. Does this mean I still need another 15m break coz its over 6h but not 9h to qualify for the 30m in 9h work? Or finishing work before 9h negates the need for the other 15m

wheelyb:
Quick hijack post.

If I start at 06:00, break 11:45-12:00, then finish work 14:00. Does this mean I still need another 15m break coz its over 6h but not 9h to qualify for the 30m in 9h work? Or finishing work before 9h negates the need for the other 15m

As your total working time is between 6 and 9 hours you need a total of 30 minute break/breaks, in your example you need to have another 15 minute break which must not be at the immediate end of the shift.

This is of course assuming that you are not having a 45 minute driving break.

Bugger, that’s another infringement then

wheelyb:
Bugger, that’s another infringement then

Company one - authorities not interested

ROG:

wheelyb:
Bugger, that’s another infringement then

Company one - authorities not interested

The DVSA may not be interested at this point but it’s still an infringement for none compliance of the regulations not just a company rule.

tachograph:

ROG:

wheelyb:
Bugger, that’s another infringement then

Company one - authorities not interested

The DVSA may not be interested at this point but it’s still an infringement for none compliance of the regulations not just a company rule.

Also when DVSA do their rounds and check records it will come to light that the company are or are Not enforcing the regulations which ca then place the company on the amber or even red markers …