Yesterday I had a shift with a total length of 11 hrs (10 hrs 30mins maybe) yet I only did 1 break of 15 mins. Started around 6:20 a bit of driving + other work (getting loaded), had my first break around 9:30 (15 mins), then more driving until I got to next destination around 11, by this point I had a total of less than 4 hours driving. I then set tacho on “POA” because there were 2 others being/waiting to get unloaded, for about an hour so next time I started driving I noticed the tacho had reset my driving hours back to 0 so I assumed the POA had cleared the 3hrs+ of driving I had done prior to this therefor I could drive for another 4:30 hrs before needing the 30 min break.
Did about 2:30 hrs of driving, then more other work + 40ish mins driving back to the yard and ended shift effectively having had only the 15 mins break + the 1hr POA out of a total of 10.5 hrs shift. Did I have to do a 30 min break after a total of 9 hrs work (for a total of 45 mins breaks) and does the POA count as “work” in any sense?
Yes you should of taken a 30 minute break also. POA resets your driving time yes (that’s why I don’t use it anymore). You did indeed get an infringement
You need to take the full 45 minutes my friend in a 9 hour shift. I am sure someone better qualified than myself can explain it to you fully
ETS:
Yesterday I had a shift with a total length of 11 hrs (10 hrs 30mins maybe) yet I only did 1 break of 15 mins. Started around 6:20 a bit of driving + other work (getting loaded), had my first break around 9:30 (15 mins), then more driving until I got to next destination around 11, by this point I had a total of less than 4 hours driving. I then set tacho on “POA” because there were 2 others being/waiting to get unloaded, for about an hour so next time I started driving I noticed the tacho had reset my driving hours back to 0 so I assumed the POA had cleared the 3hrs+ of driving I had done prior to this therefor I could drive for another 4:30 hrs before needing the 30 min break.
Did about 2:30 hrs of driving, then more other work + 40ish mins driving back to the yard and ended shift effectively having had only the 15 mins break + the 1hr POA out of a total of 10.5 hrs shift. Did I have to do a 30 min break after a total of 9 hrs work (for a total of 45 mins breaks) and does the POA count as “work” in any sense?
You won’t get one infringement you’ll probably get two.
If I’m reading your post correctly you’ll get an infringement for insufficient break during the shift, you’ll get a more serious infringement for doing around 6 hours driving with only a 15 minute break.
It looks like you may escape an infringement for the 6 hour rule, but it also looks like that’s more luck than judgment.
45 minutes of POA wrongly resets the driving time on the tachograph display, that’s why you’re better off using break if you get paid for them.
Yup, not a day has passed since I started my driving career where I haven’t messed something up…
On a similar topic, here’s something I’m not quite sure about:
Taken from the “EU rules on drivers’ hours and working time - simplified guidance” document:
“30 minute break if working between 6
and 9 hours in total (4)” where (4) is “After working for 6 hours a mobile worker must take a break of at least 15 minutes. However, if working more than 6 and up to 9 hours in a shift a mobile worker needs to take a break totalling at least 30 minutes - this could be two breaks of 15 minutes.
Where a shift will contain more than 9 hours of working time, a total of 45 minutes of break is needed.”
How does one go about having a break on a say, 8.5 hrs shift with less than 4 hours of driving in total? 1st break of 15 mins after 6 hrs of work (work+driving that is), then you must take another 15 before the end of the shift? What if the shift is 7 hrs or even 6.5 in total? Start at 0:00, break at 6:00, work from 6:15 (when break ended) to 6:30, take another break of 15 until 6:45 to fulfill the requirement for a total of 30 min breaks during a shift with a duration of >6 hrs (but less than 9), work until 7:00 when the shift ends? Doesn’t make a lot of sense to me…
Wheel Nut:
Did anybody die? DVSA don’t give a monkeys generally.
I’m not sure that DVSA wouldn’t care about someone driving for what looks like over 6 hours with only a 15 minute break, how much they would care probably depends on how many infringements are on the card.
Wheel Nut:
Did anybody die? DVSA don’t give a monkeys generally.
I’m not sure that DVSA wouldn’t care about someone driving for what looks like over 6 hours with only a 15 minute break, how much they would care probably depends on how many infringements are on the card.
ETS:
Yup, not a day has passed since I started my driving career where I haven’t messed something up…
On a similar topic, here’s something I’m not quite sure about:
Taken from the “EU rules on drivers’ hours and working time - simplified guidance” document:
“30 minute break if working between 6
and 9 hours in total (4)” where (4) is “After working for 6 hours a mobile worker must take a break of at least 15 minutes. However, if working more than 6 and up to 9 hours in a shift a mobile worker needs to take a break totalling at least 30 minutes - this could be two breaks of 15 minutes.
Where a shift will contain more than 9 hours of working time, a total of 45 minutes of break is needed.”
How does one go about having a break on a say, 8.5 hrs shift with less than 4 hours of driving in total? 1st break of 15 mins after 6 hrs of work (work+driving that is), then you must take another 15 before the end of the shift? What if the shift is 7 hrs or even 6.5 in total? Start at 0:00, break at 6:00, work from 6:15 (when break ended) to 6:30, take another break of 15 until 6:45 to fulfill the requirement for a total of 30 min breaks during a shift with a duration of >6 hrs (but less than 9), work until 7:00 when the shift ends? Doesn’t make a lot of sense to me…
If doing a shift where the working time is 6.5 hours with less than 4.5 driving time then 30 mins of breaks in total should be taken
They can be 15 + 15 so perhaps work 3 take 15 then work 2 take 15 then work 1.5
Breaks cannot be at the start or end of the shift - must show at least 1 minute of work time each side of a break