if i drive for 2 hrs then 30mins other work then drive for another hour then 30 mins for other work does that mena i can drive for another hour befor i have to take my 45 min break.
danj:
if i drive for 2 hrs then 30mins other work then drive for another hour then 30 mins for other work does that mena i can drive for another hour befor i have to take my 45 min break.
Well as you will have done 3 hours driving you can do another 1.5 hours driving before needing to take the 45 but don’t leave it too late or you could get caught out with nowhere to stop 
You must take a 45 minute break before exceeding 4.5 hours driving, this can be split into two parts the first part of a split break must be at least 15 minutes and the second part must be at least 30 minutes, a split break must be taken in the correct order 15 minutes break then 30 minutes break.
danj:
if i drive for 2 hrs then 30mins other work then drive for another hour then 30 mins for other work does that mena i can drive for another hour befor i have to take my 45 min break.
YES as the EU driver regs require you to have at least 45 mins (can be 15 + 30) for 4.5 hours of driving
You could drive for another 1.5 hours before needing that break
The EU driver regs refer to driving time only - other work + driving time added together comes under the RT(WTD)R
ADD + EDIT - I see someone with more expertise than me has already answered in the post above 
thankyou just double checking with the other work really that was my understanding of it and asked at work and got the same response just wanted an independant view thankyou.
danj:
thankyou just double checking with the other work really that was my understanding of it and asked at work and got the same response just wanted an independant view thankyou.
Always wise to double check if not certain
As LGV drivers have to follow 2 sets of rules - the EU DRIVER REGS and the RT(WTD)R then take each in turn but put the EU regs FIRST
Breaks count for both sets of regs but the rules for the EU driving hours take preference.
Q - have you reached 4.5 hours of driving? - YES - have you had 45 mins break (can be 15 + 30)? - YES - good
Q - have you reached 6 hours of WORK (driving + other work)? - YES - have you had 15 mins break - YES - good
There are more rules than the two very simple ones I listed above so have a good read of the links 
SIMPLE DRIVER REGS
[MORE HERE]](Advice please on Drivers hours - #4 by coffeeholic - SAFETY, LAW AND WORKING TIME DIRECTIVE FORUM (INTE - Trucknet UK)
hope they help
ROG:
As LGV drivers have to follow 2 sets of rules - the EU DRIVER REGS and the RT(WTD)R then take each in turn but put the EU regs FIRST
.
Two be fair there i think both must be conciderd as first as one can cross each other
delboytwo:
ROG:
As LGV drivers have to follow 2 sets of rules - the EU DRIVER REGS and the RT(WTD)R then take each in turn but put the EU regs FIRST.
Two be fair there i think both must be conciderd as first as one can cross each other
I would suggest that the EU 561/2006 regulation may overide the RTD regulations since the self employed do not come under its jurisdiction and the option for some workers to opt out of certain parts of it. This may alter in future years but I would always make sure my drivers hours and breaks were correct before worrying that I may have worked a slightly higher average than Joe Bloggs over the last 26 weeks
Wheel Nut:
delboytwo:
ROG:
As LGV drivers have to follow 2 sets of rules - the EU DRIVER REGS and the RT(WTD)R then take each in turn but put the EU regs FIRST.
Two be fair there i think both must be conciderd as first as one can cross each other
I would suggest that the EU 561/2006 regulation may overide the RTD regulations since the self employed do not come under its jurisdiction and the option for some workers to opt out of certain parts of it. This may alter in future years but I would always make sure my drivers hours and breaks were correct before worrying that I may have worked a slightly higher average than Joe Bloggs over the last 26 weeks
i would agree with that but as you know you can not work more than 60 hours a week under RTD and there no opt out of that fact.
also self employed is aslo covered from march 09
1.4 Self-employed drivers
Self-employed drivers (as defined under the Regulations) are excluded from all the
requirements until March 2009. However, the definition of “self-employed driver” under the
Regulations has been tightly drawn. Therefore, those who might be classed as self-employed7
for the purpose of the Employment Rights Act 1996 or the 1998 Working Time Regulations
are not necessarily classed as self-employed under these Regulations. Nor is the test, the same
as applied by HM Revenue and Customs.
As a consequence, only a limited number of drivers are likely to be regarded as a “selfemployed
driver” for the purposes of the Regulations.
“Self-employed driver” means anyone whose main occupation is to transport passengers or
goods by road for hire or reward within the meaning of Community legislation under cover of
a Community licence or any other professional authorisation to carry out such transport, who
is entitled to work for himself and who is not tied to an employer by an employment contract
or by any other type of working hierarchical relationship, who is free to organise the relevant
working activities, whose income depends directly on the profits made and who has the
freedom, individually or through a co-operation between self-employed drivers, to have
commercial relations with several customers" (Regulation 2 of SI 2005 No. 639)
Key considerations are that:
- a self-employed driver must have an operator’s licence;
- the amount of control that the driver has over their work is a key point, as is their reliance on
profits to provide them with an income;- if the worker is restricted (either implicitly or explicitly) from working for another
client/customer, then they would be covered by all the requirements of the Regulations;- in addition, most agency workers would not count as a self-employed driver because they are
normally paid at a fixed rate. Once they accept a job, an agency worker is not free to organise
their working activities.
For the purpose of the Regulations, drivers who are partners in a firm or who have limited
liability will be treated no differently to sole traders. Providing they have an operator’s licence
and meet the other requirements under the Regulations, then they can class themselves as a
self-employed driver.
I read somewhere on this site (or was it another similar one!!) that VOSA/police only do EU regs checks at the roadside so any RT(WTD)R checks would be done at a site visit if necessary - which usually means NEVER
delboytwo:
also self employed is aslo covered from march 09
They extended this, people who meet the (very narrow) definition of self employed for the purposes of the regulations are still exempt.
Paul
repton:
delboytwo:
also self employed is aslo covered from march 09They extended this, people who meet the (very narrow) definition of self employed for the purposes of the regulations are still exempt.
Paul
Wheel Nut:
delboytwo:
ROG:
As LGV drivers have to follow 2 sets of rules - the EU DRIVER REGS and the RT(WTD)R then take each in turn but put the EU regs FIRST.
Two be fair there i think both must be conciderd as first as one can cross each other
I would suggest that the EU 561/2006 regulation may overide the RTD regulations since the self employed do not come under its jurisdiction and the option for some workers to opt out of certain parts of it. This may alter in future years but I would always make sure my drivers hours and breaks were correct before worrying that I may have worked a slightly higher average than Joe Bloggs over the last 26 weeks
I agree. I don’t pay any attention to the WTD regs and just go by the tacho rules; I have never had an infringement on the shheets we get back from the analysis people for any WTD transgression.