Ferry Transport....

[wheel_nut]

It seems like a lot of confusion is being read into “the regulations” that is not there.

For reasons of clarity and rationalisation, Regulation
(EEC) No 3820/85 should be repealed and replaced by
this Regulation, (EEC 561/2006)

4 (d) ‘break’ means any period during which a driver may not
carry out any driving or any other work and which is
used exclusively for recuperation;

4 (e) ‘other work’ means all activities which are defined as
working time in Article 3(a) of Directive 2002/15/EC
except ‘driving’, including any work for the same or
another employer, within or outside of the transport
sector;

5. A driver shall record as other work any time spent as
   described in Article 4(e) as well as any time spent driving a
   vehicle used for commercial operations not falling within the
   scope of this Regulation, and shall record any periods of
   availability, as defined in Article 15(3)(c) of Regulation (EEC)
   No 3821/85, since his last daily or weekly rest period.

And the drivers quote below rules out the need for any RTD rules to be followed as a 25 minute break on a ferry satisfies both the RTD and 561/2006 at the same time counting as 15minutes. The extra ten minutes doesn’t count for anything but does reduce your working time.

They have been a decent place for me to work but the only thing I hate is being told to take a split break when you have only done 2-3hrs work

The only decision to make is whether it is work risking a 36k job for taking 45m when a further 30m would have been sufficient and not even necessary.

The OP said he is aware of the differences between breaks, rest periods and periods of availability, but it seems “the regulations” are getting in the way of understanding which is which.

A break can be taken at any time provided that you are not driving, handballing, closing curtains or washing the lorry. Minimum 15 to count for the rules.You can sit in the cab, jog around it, read a map, answer the phone, read ■■■■ or even log onto trucknet or readers wives

a rest period can only be taken when you are free to do as you like and must be taken within each period of 24 hours after the end of the previous daily rest period or weekly rest period.You do not need to know how long, you do not need to sleep in a hotel, or even in a bunk or couchette. All it says is that you need suitable sleeping facilities and the lorry must be stationary

For a period of availability you need to know how long you will be waiting, either by being told or by previous experience, even the bloke on the opposite shift can say, zb me I was there last week and it took them 6 hours to tip 4 pallets. You can sit in your cab, go in the canteen, jog around your lorry, answer the telephone, watch TV in the canteen or do any of the things you would do on break. If you are double manning you can count riding shotgun as POA.

Neil has often mentioned in the past that if the period fulfils the criteria for POA it will undoubtedly count as break.

[dieseldave]

I’ll soon see whether I’ve got this one right, or not…

4 (d) ‘break’ means any period during which a driver may not
carry out any driving or any other work and which is
used exclusively for recuperation

Let’s say that I drive for 1 hour, stop and take 14 mins to have a brew.
Then I drive for another 1 hour and stop because I’m now in need of a pie, which is quite big and it takes me 14 mins to eat it.
Now I drive for another 2.5 hours.

I now need to stop for a 45min break, because I’ve reached 4.5 hours driving without having had qualifying breaks totaling at least 45 mins.

I met the criteria for breaks by using the 2 X 14 mins for recuperation and I certainly wasn’t driving or doing other work during those breaks.
The 2 X 14 mins breaks ARE STILL BREAKS nevertheless, but all that the Regs say about that is that I can’t use them for the purpose of re-setting the ‘driving-time’ clock, because they aren’t qualifying breaks.

From the Regs, qualifying breaks are either: two breaks of a minimum of 15 mins + a minimum of 30 mins, OR one break of minimum 45 mins.

If I’d had the sense to let the clock tick for at least one more minute when I took the first 14 min break for a brew, then at the point of reaching 4.5 hrs, I’d only need to stop for 30 mins to reset the ‘drive-time’ clock.

Could somebody please confirm that in the above scenario, I need a bigger tea cup and larger pies in order to comply with the Regs??

[wheel_nut]

dieseldave:
I’ll soon see whether I’ve got this one right, or not…

4 (d) ‘break’ means any period during which a driver may not
carry out any driving or any other work and which is
used exclusively for recuperation

Let’s say that I drive for 1 hour, stop and take 14 mins to have a brew.
Then I drive for another 1 hour and stop because I’m now in need of a pie, which is quite big and it takes me 14 mins to eat it.
Now I drive for another 2.5 hours.

I now need to stop for a 45min break, because I’ve reached 4.5 hours driving without having had qualifying breaks totaling at least 45 mins.

I met the criteria for breaks by using the 2 X 14 mins for recuperation and I certainly wasn’t driving or doing other work during those breaks.
The 2 X 14 mins breaks ARE STILL BREAKS nevertheless, but all that the Regs say about that is that I can’t use them for the purpose of re-setting the ‘driving-time’ clock, because they aren’t qualifying breaks.

From the Regs, qualifying breaks are either: two breaks of a minimum of 15 mins + a minimum of 30 mins, OR one break of minimum 45 mins.

If I’d had the sense to let the clock tick for at least one more minute when I took the first 14 min break for a brew, then at the point of reaching 4.5 hrs, I’d only need to stop for 30 mins to reset the ‘drive-time’ clock.

Could somebody please confirm that in the above scenario, I need a bigger tea cup and larger pies in order to comply with the Regs??

That’s about the size of it!

[interlog]

I think that we should forget what the Tachograph rules and regulations say. We’re talking specifically about the Working Time Directive and whether 7 minutes is a break and therefore doesn’t count towards working time.

I’ve read those directives through time and time and it still says the following:

The break times referred to in Article 5, the rest times referred to in Article 6 and, without prejudice to the legislation of Member States or agreements between the social partners providing that such periods should be compensated or limited, the periods of availability referred to in (b) of this Article, shall be excluded from working time;

and thene explains what POA is (irrelevant here as the mode is set to break and not POA) before it continues about breaks in article 5:

. 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.

That reads to me that a break needs to be at least 15 minutes before it is classified as a break.

Perhaps it is down to interpretation?

[dieseldave]

interlog:
I think that we should forget what the Tachograph rules and regulations say. We’re talking specifically about the Working Time Directive and whether 7 minutes is a break and therefore doesn’t count towards working time.

I’ve read those directives through time and time and it still says the following:

The break times referred to in Article 5, the rest times referred to in Article 6 and, without prejudice to the legislation of Member States or agreements between the social partners providing that such periods should be compensated or limited, the periods of availability referred to in (b) of this Article, shall be excluded from working time;

and thene explains what POA is (irrelevant here as the mode is set to break and not POA) before it continues about breaks in article 5:

. 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.

That reads to me that a break needs to be at least 15 minutes before it is classified as a break.

Perhaps it is down to interpretation?

Mark

Hi interlog,

WADR mate, I do believe that you’re looking at a ‘directive’ and not the Reg itself.

A directive is only binding on the Governments of the Member States to do a certain thing by a specified time.

The parts you’ve quoted seem be directed at Member States, so what our Government made of it would have to be passed as a UK law in compliance with the directive. AFAIK, and it’s outside of my area of expertise, the UK Reg stemming from the directive might be called The Road Transport Working Time Regulations or some such name.

If what you had quoted was actually a EU Regulation, there would have to be something in it such as is at the end of 561/2006 to say that it’s applicable in all member states etc etc.

561/2006 is a Regulation, because the number is followed by the year, whereas a directive has the year written first, then the number. A look at the title of the document that you’ve quoted from will confirm this, especially if you can (or can’t) see the word “Regulation.”

[tachograph]

interlog:
I think that we should forget what the Tachograph rules and regulations say. We’re talking specifically about the Working Time Directive and whether 7 minutes is a break and therefore doesn’t count towards working time.

. 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.

That reads to me that a break needs to be at least 15 minutes before it is classified as a break.

Perhaps it is down to interpretation?

Mark

Not really down to interpretation, a 15 minute break will count for the WTD and no break shorter than 15 minutes will count for the WTD.
However that does not stop a break of less than 15 minutes from being a break and if it’s break it cannot be working time.

[interlog]

Tachograph,

But you need what you quoted in your last post read together with:

The break times referred to in Article 5, the rest times referred to in Article 6 and, without prejudice to the legislation of Member States or agreements between the social partners providing that such periods should be compensated or limited, the periods of availability referred to in (b) of this Article, shall be excluded from working time;

See also: legislation.gov.uk/uksi/2005 … 639_en.pdf

This is from the UK Government website:

Under the section of working time:

5. The times of breaks, rests and periods of availability shall not be included in the calculation of
   working time.

It then goes on about breaks:

7.–(1) No mobile worker shall work for more than six hours without a break.
(2) Where a mobile worker’s working time exceeds six hours but does not exceed nine hours,
the worker shall be entitled to a break lasting at least 30 minutes and interrupting that time.
(3) Where a mobile worker’s working time exceeds nine hours, the worker shall be entitled to a
break lasting at least 45 minutes and interrupting that period.
(4) Each break may be made up of separate periods of not less than 15 minutes each…
(5) An employer shall take all reasonable steps, in keeping with the need to protect the health
and safety of the mobile worker, to ensure that the limits specified above are complied with in the
case of each mobile worker employed by him.

Once again it says that in order for it to count as a break and therefore is not counting as working time it needs to be a minimum of 15 minutes.

How am I interpreting it wrong?

[dieseldave]

interlog:
But you need what you quoted in your last post read together with:

The break times referred to in Article 5, the rest times referred to in Article 6 and, without prejudice to the legislation of Member States or agreements between the social partners providing that such periods should be compensated or limited, the periods of availability referred to in (b) of this Article, shall be excluded from working time;

Hi interlog,

You’re still quoting from a directive that only applies to Governments, but which doesn’t apply citizens like us.
Sorry mate, but the key words you’ve missed the relevance of in your quote are: "without prejudice to the legislation of Member States… "

The link that you gave to The Road Transport (Working Time) Regulations 2005 is a UK law that came as a result of our Government complying with a directive, so the answers will be in that statute, or another similar statute from the same UK source.

Folks often look at and try to use that directive, because of other folks calling it by an incorrect name.
It is a directive, but it is NOT a Regulation. (It’s one less document to try and make sense of, so we should be grateful for that. )

[tachograph]

interlog:
See also: legislation.gov.uk/uksi/2005 … 639_en.pdf

This is from the UK Government website:

Under the section of working time:

5. The times of breaks, rests and periods of availability shall not be included in the calculation of
   working time.

It then goes on about breaks:

7.–(1) No mobile worker shall work for more than six hours without a break.
(2) Where a mobile worker’s working time exceeds six hours but does not exceed nine hours,
the worker shall be entitled to a break lasting at least 30 minutes and interrupting that time.
(3) Where a mobile worker’s working time exceeds nine hours, the worker shall be entitled to a
break lasting at least 45 minutes and interrupting that period.
(4) Each break may be made up of separate periods of not less than 15 minutes each…
(5) An employer shall take all reasonable steps, in keeping with the need to protect the health
and safety of the mobile worker, to ensure that the limits specified above are complied with in the
case of each mobile worker employed by him.

Once again it says that in order for it to count as a break and therefore is not counting as working time it needs to be a minimum of 15 minutes.

OK I see where you’re coming from now

Though I see your point about the wording in “Directive 2002/15/EC”, lets stick to “The Road Transport (Working Time) Regulations 2005” as that’s the regulations we work to.

I’ve always thought that paragraph (4) in article 7 referred to article 7 and explained that the breaks mentioned in article 7 should be at least 15 minutes long, and to be honest I still do.

It would be a bit ridiculous to have two different definitions of a “break” and article 4 (d) of EC 561/2006 clearly states that a break is any period that can be used exclusively for recuperation.

Article 5 in the RT(WT)R states that breaks do not count as working time.

The RT(WT)R does not define what a break is only how long it should be to count for article 7, As the RT(WT)R applies to people working to (EC) 561/2006 and given the lack of a definition for “break” in the RT(WT)R I would say that it’s reasonable to assume that a break is defined as it is in (EC) 561/2006.

It would be good to hear VOSA’s view

[coffeeholic]

interlog:
Once again it says that in order for it to count as a break and therefore is not counting as working time it needs to be a minimum of 15 minutes.

How am I interpreting it wrong?

Mark
[/quote]
Because you are focusing only on the legally required breaks for the WTD and thinking they are the only breaks you can have. For a break to count toward the WTD legally required 30 minutes or 45 minutes minimum break, depending on the amount of work in a shift, it has to be at least 15 minutes. However that only means that breaks of less than 15 minutes cannot count toward the 30 or 45 minutes required but they are still breaks.

What if that driver took a single 1 hour break. Would you say that only counts as 30 minutes as that was all he required so the rest is working time? That is what your take on things would mean.

Suppose a driver has a shift with 8 hours work, 4 hours driving and 4 hours other work, in it and he takes his first WTD break after 3 hours and takes 20 minutes and later at 7 hours work he takes a further 20 minutes. Now that satisfies the WTD because each break was at least 15 minutes and together they total more than the 30 minutes required but applying your way of thinking that would only be 30 minutes break as the extra 5 minutes each time count for nothing. that would not be correct and it would be 40 minutes which don’t count toward working time not just 30 and the same applies to a break of say 10 minutes. It’s not long enough to use toward the required minimums but it is still break.

Here’s something you can try. As you know the tachograph can be used to monitor compliance with the WTD, as well as the tacho rules, so set the mode to break and after a 5 or 6 minutes set the mode to other work. Wait for it to record 1 minute of other work then take a print out and see what those 5 or 6 minutes have been recorded as. They will have been recorded as break even though those few minutes are no use as break toward either the WTD or the tacho rules.

Ant period of break, even 1 minute is still break even if it is too short to be used toward the required minimums. This morning I pulled round from where I had spent the night to hook my trailer and it wasn’t ready, still showing a red light. I coupled up, checked the trailer then went back to the cab to read my book and wait for the green light. I stuck the tacho on break, because that is what I was doing, taking a break, and thought I might be able to squeeze in a 15 minutes meaning I could get away with just 30 minutes later and get home earlier. Unfortunately I got the green light after 7 minutes and when today’s analysis sheet comes back it will include those 7 minutes in my total break time for the day, which was 1 hour and 48 minutes and none of it counts toward my working time total for the WTD.

[interlog]

Coffeeholic:
Suppose a driver has a shift with 8 hours work, 4 hours driving and 4 hours other work, in it and he takes his first WTD break after 3 hours and takes 20 minutes and later at 7 hours work he takes a further 20 minutes. Now that satisfies the WTD because each break was at least 15 minutes and together they total more than the 30 minutes required but applying your way of thinking that would only be 30 minutes break as the extra 5 minutes each time count for nothing. that would not be correct and it would be 40 minutes which don’t count toward working time not just 30 and the same applies to a break of say 10 minutes. It’s not long enough to use toward the required minimums but it is still break.

Not quite as each break is a minimum of 15 minutes and therefore all of it can be used as break time for WTD purposes.

However, if say 15 minutes are taken after 6 hours, then 14 minutes during work and then 16 minutes after more work, I understand it to be that the second break doesn’t count as according to the WTD directive a break needs to be a minimum of 15 minutes. Total break would then be 31 minutes which satisfies the WTD providing no more than 9 hours in total are done.

I appreciate that the tachograph does record any minute of break, but the question needs asking whether those under 15 minutes can be used for the purposes of the WTD?

It says that breaks don’t count as working time but it then goes to say:

Each break may be made up of separate periods of not less than 15 minutes each.

It follows the paragraph telling us about the 30 and 45 minutes but does that mean that the above mentioned quote only applies to those breaks or other breaks too?

It is really no different to recording a break for tacho rules. Anything under 15 minutes (or 30 minutes if split for the second half) doesn’t count as a break despite the tacho recording it.

Perhaps if a driver gets prosecuted for this offence (very unlikely in my opinion) we get a definate answer through the Court.

[coffeeholic]

interlog:
However, if say 15 minutes are taken after 6 hours, then 14 minutes during work and then 16 minutes after more work, I understand it to be that the second break doesn’t count as according to the WTD directive a break needs to be a minimum of 15 minutes. Total break would then be 31 minutes which satisfies the WTD providing no more than 9 hours in total are done.

That’s where you are going wrong by just saying it doesn’t count. It doesn’t count toward the required 30 minutes in total for the shift but it still counts as break. In that scenario total break, which would not be counted as working time toward the 48/60 hour thing would be 45 minutes, with 30 minutes of it meeting the break requirements for the shift.

interlog:
I appreciate that the tachograph does record any minute of break, but the question needs asking whether those under 15 minutes can be used for the purposes of the WTD?

They can’t be used for the breaks required under the WTD regulations but the periods are still break and won’t count toward the 48 hour weekly working average, only driving time and other work count for that and a 10 minute break is neither of those.

interlog:
It says that breaks don’t count as working time

There you co, your question is answered.

interlog:
but it then goes to say:

Each break may be made up of separate periods of not less than 15 minutes each.

It follows the paragraph telling us about the 30 and 45 minutes but does that mean that the above mentioned quote only applies to those breaks or other breaks too?

Correct, it only applies to the legally required breaks, other breaks can be less than 15 minutes. Section 7 where you are getting these quotes from deals only with the legally required breaks for each shift, everything in Section 7 deals only with the legally required breaks and what the criteria are for those periods. It doesn’t deal with, or have any bearing on, other breaks you may have during the day which don’t meet the criteria.

interlog:
It is really no different to recording a break for tacho rules. Anything under 15 minutes (or 30 minutes if split for the second half) doesn’t count as a break despite the tacho recording it.

Exactly, it is no different. A break of less than 15 minutes, or a break of between 15 and 29 minutes after already taking a 15 minute break can’t be used as part of the required 45 minutes of break after 4.5 hours driving but it is still break time. A ten minute break while you read the paper is not driving, it’s not other work, it’s not POA as the mode switch is not on POA so it can only be break.

interlog:
Perhaps if a driver gets prosecuted for this offence (very unlikely in my opinion)

It’s more than unlikely, it just wouldn’t happen as it is not an offence.

interlog:
we get a definate answer through the Court.

You don’t need a definitive answer through the courts, it’s all there in black and white. You are just having trouble seeing the difference between breaks legally required for the regulations and breaks that don’t meet the criteria to be a legal break. So many times in this forum people say things about needing the courts to decide when it is already clear but they cannot understand what they are reading and that is what is happening in your case.

The definition of break is clearly stated in the tacho rules and there is no mention of a minimum time, only not driving, no other work and using the time for recuperating, and as it isn’t mentioned there is no minimum time for a period to be a break. There are three minimums stated later in the regulations for a period to be counted as a legally required break from driving, 15, 30 and 45 minutes, but not for it to be just a break.

The WTD clearly states that only driving and other work count toward the weekly average and limit and as you can use the tacho for monitoring the WTD then it will be the driving and other work time from the tacho which will make up those limits. A 10 minute break on the tacho will be recorded as a 10 minute break, not as driving or other work so will not form part of the calculation of working time for the WTD.

[interlog]

Coffeeholic:
They can’t be used for the breaks required under the WTD regulations but the periods are still break and won’t count toward the 48 hour working average, only driving time and other work count for that and a 10 minute break is neither of those.

Not quite, as it says:

The times of breaks, rests and periods of availability shall not be included in the calculation of
working time.

And it then goes to say what a break is split in four different part.

The fist two parts saying essentially that breaks totalling 30 minutes must be taken if you work between 6 and 9 hours and 45 minutes if you work over 9 hours as well as the fact you can’t work no more than 6 hours without a break.

The third part (and the bit were we appear to disagree) then clearly says that a break needs to be not less than 15 minutes.

The final part explains the duty of the employer.

Coffeeholic:
Exactly, it is no different. A break of less than 15 minutes, or a break of between 15 and 29 minutes after already taking a 15 minute break can’t be used as part of the required 45 minutes of break after 4.5 hours driving but it is still break time. A ten minute break while you read the paper is not driving, it’s not other work, it’s not POA as the mode switch is on break so it can only be break

Yes it is break according to the tachograph but as you said it can’t be used for tacho rules purposes, but can it be used for WTD purposes when it says that breaks have to be less than 15 minutes in order for them to count as a break. It can’t be POA or other work as that mode is not selected.

In order to work out WTD work time you deduct end of duty time from start of duty time and then deduct POA and breaks.

Surely the WTD rules would say:

(4) For the purposes of 7.2 and 7.3, each break may be made up of separate periods of not less than 15 minutes each.

Then there would be no if’s and but’s about it?

Still think it is subject to interpretation.

[interlog]

To add:

The definition of break is clearly stated in the tacho rules and there is no mention of a minimum time, only not driving, no other work and using the time for recuperating, and as it isn’t mentioned there is no minimum time for a period to be a break. There are three minimums stated later in the regulations for a period to be counted as a legally required break from driving, 15, 30 and 45 minutes, but not for it to be just a break.

We’re not talking about the tacho rules here as this piece of legislation (WTD stuff) is in addition to it and quite seperate. As far as I understand, both sets of legislation need to be adhered to and one doesn’t take precedent over the other. Quite a few drivers don’t even have to worry about breaks with regards tacho rules as they don’t do 4.5 hours worth of driving (certainly in my line of business).

[coffeeholic]

interlog:
The third part (and the bit were we appear to disagree) then clearly says that a break needs to be not less than 15 minutes.

Only when they are being used for the 30 or 45 minutes of legally required break, if they aren’t being used for that they can be any length, 1 minute, 4 minutes, 5 minutes, 10 minutes or whatever

interlog:
Yes it is break according to the tachograph but as you said it can’t be used for tacho rules purposes, but can it be used for WTD purposes when it says that breaks have to be less than 15 minutes in order for them to count as a break.

No, it can’t be used toward the minimum required break for the WTD but it is still a period of break.

You are not reading what is written in the regulations, it doesn’t say anywhere breaks have to be at least 15 minutes to count as break. It says

7.– (4) Each break may be made up of separate periods of not less than 15 minutes each.

Each break refers to either the 30 or 45 minutes of break required for the regulations, that’s all. It doesn’t cover all breaks, only those specific breaks. It is in section 7 which deals just with the minimum legally required amount of break, 30 or 45 minutes according to the amount of work done in the shift. You are taking section 7.– (4), removing it from section 7 and applying it to all breaks. That is where you are going wrong. Section 7 deals with the legally required minimum breaks, 30 or 45 minutes, and each of the parts of section 7 also deals only with the minimum break for the shift. 7.– (4) is only saying you don’t have to take the 30 or 45 minutes in one lump but can split them (Each break) into smaller periods provided no period is less than 15 minutes. But again that only applies to breaks you are using toward the 30 or 45 minutes because that is all section 7 covers.

[interlog]

A final add:

7.1 states that a worker can’t work no more than 6 hours without a break.

So you would assume by your reasoning that a two minute break would be sufficient.

But it isn’t as it needs to be more than 15 minutes.

Why? Because it says so in 7.3

Each break may be made up of separate periods of not less than 15 minutes each.

That to my interpretation explains what a break is as far the WTD is concerned. It needs to be more than 15 minutes.

[interlog]

Posted at the same time there Neil.

[interlog]

Wouldn’t it just be better if the regs just said:

Each of these breaks may be made up of separate periods of not less than 15 minutes each.

I can sort of see where you’re coming from now.

I just misinterpreted the bloody thing wrong.

[coffeeholic]

interlog:
A final add:

7.1 states that a worker can’t work no more than 6 hours without a break.

So you would assume by your reasoning that a two minute break would be sufficient.

No you wouldn’t because the shorter breaks I am talking about do not make up any part of the required minimum break and the break at six hours must be part of that minimum and that has to be 15 minutes at least because only breaks of 15 minutes count toward the required minimum.

interlog:
But it isn’t as it needs to be more than 15 minutes.

Indeed it does.

interlog:
Why? Because it says so in 7.3

7.4 but either way it is still section 7 which only deals with the minimum break for a shift.

interlog:
Each break may be made up of separate periods of not less than 15 minutes each.

Yes, and as already explained the words Each break refers to the 30 or 45 minute breaks for the shift, they don’t refer to all breaks.

interlog:
That to my interpretation explains what a break is as far the WTD is concerned. It needs to be more than 15 minutes.

Again, that’s where you are going wrong. Section 7 doesn’t explain what a break is for the WTD. It explains the minimum amount of break for a shift, depending on the amount of work done, and it explains the minimum period which can count toward that required break. That’s all it does. It at no point defines what does and does not count as break and by saying that those separate periods must be at least 15 minutes it is merely excluding breaks of less than 15 minutes from being used toward the minimum requirements and not that they don’t count as break and therefore not working time.

[coffeeholic]

interlog:
Wouldn’t it just be better if the regs just said:

Each of these breaks may be made up of separate periods of not less than 15 minutes each.

It does say that. Everything in section 7 only applies to section 7 so when it says Each break, it does mean each of these breaks mentioned in section 7.

interlog:
I just misinterpreted the bloody thing wrong.

Indeed you did, but you work in a transport office and it’s expected of you so don’t feel too bad.