Did I get an infringement?

I started work on Saturday at 0415, I had a one of those tacho’s that defaults to break and I didn’t noticed straight away, so there are a couple of ‘breaks’ but none of any significance.

I did have a break of 20 mins which ended at 0630ish, I then delivered to Lidl (arrived at 0830) but had issues when on the bay when they kept stopping me tipping while they made room and I had pallets to break down, anyway I didn’t get it back on break until 1155.

So
Start at 0415
Break of 20 mins at 0630
Driving/other work until 1155
I didn’t do more than 4.5hours driving in this time.

My compliance at work say that’s an infringement but I’m pretty sure I only needed 15 mins for WTD.

15 minutes if working upto 6 hours
30 minutes if working between 6 and 9 hours work

I did have another 45 mins while waiting for my paperwork at 1155

No, you’re fine there. Someone will be along with a link to the wording of the relevant legislation in a bit, but basically you need “a break” if you’re working up to six hours, and there’s nothing saying that break has to be half an hour.

Rhythm Thief:
No, you’re fine there. Someone will be along with a link to the wording of the relevant legislation in a bit, but basically you need “a break” if you’re working up to six hours, and there’s nothing saying that break has to be half an hour.

This was my thinking I’m sure I only needed 15 mins, but he is sure I’m going to get an infringement, I forgot to download my card on Saturday and I’m not in today so I’ll have to wait and see what the software says tomorrow. The way I see it is I had 20 mins in the first 6 hours and I had an hour and 10 in total in the first 8.

Looks ok to me.

ok as long as its not a company thing … Co-op have a ruling that you have to have a 30 …

eur-lex.europa.eu/LexUriServ/Lex … 015:EN:NOT

scroll down to Article 5…

Article 5

Breaks

  1. Member States shall take the measures necessary to ensure that, without prejudice to the level of protection provided by Regulation (EEC) No 3820/85 or, failing that, by the AETR Agreement, persons performing mobile road transport activities, without prejudice to Article 2(1), in no circumstances work for more than six consecutive hours without a break. Working time shall be interrupted by a break of at least 30 minutes, if working hours total between six and nine hours, and of at least 45 minutes, if working hours total more than nine hours.

2. Breaks may be subdivided into periods of at least 15 minutes each.

Please note the bit a lot of people miss out , IF WORKING HOURS TOTAL BETWEEN SIX AND NINE HOURS …

Yes fella as per the regs your good to go.

You’ve had 7:40 hours BUT ONLY A TWENTY MIN BREAK! :laughing: if you’d of knocked it on THE MAGIC SQUARE! :sunglasses: no problem! :smiley: but you’ll probably get an infringement for going OVER SIX HOURS WHILST NOT HAVING THIRTY MINS! :grimacing: :grimacing: :grimacing: :grimacing: :grimacing: :grimacing: hand in your keys :wink:

nick2008:
ok as long as its not a company thing … Co-op have a ruling that you have to have a 30 …

eur-lex.europa.eu/LexUriServ/Lex … 015:EN:NOT

scroll down to Article 5…

Article 5

Breaks

  1. Member States shall take the measures necessary to ensure that, without prejudice to the level of protection provided by Regulation (EEC) No 3820/85 or, failing that, by the AETR Agreement, persons performing mobile road transport activities, without prejudice to Article 2(1), in no circumstances work for more than six consecutive hours without a break. Working time shall be interrupted by a break of at least 30 minutes, if working hours total between six and nine hours, and of at least 45 minutes, if working hours total more than nine hours.

2. Breaks may be subdivided into periods of at least 15 minutes each.

Please note the bit a lot of people miss out , IF WORKING HOURS TOTAL BETWEEN SIX AND NINE HOURS …

Yes fella as per the regs your good to go.

Nah its not a company thing, don’t know if I didn’t explain it very well to the compliance guy, as long as your legal there not too fussed.

looks ok to me too from the info posted

did you do more than 6 hours of total drive/work after taking the 45 break?

No mate drove from Enfield back to the yard was finished by 1615 so 3.75 hrs tops

NewLad:
I had a one of those tacho’s that defaults to break and I didn’t noticed straight away, so there are a couple of ‘breaks’ but none of any significance.

Could it be a “wrong mode selected” infringment :question: