Is this an infringement?

UK PROFESSIONAL DRIVERS FORUMS THE UK PROFESSIONAL DRIVERS FORUM (INTERACTIVE)
1

I’m only asking now as the place I’m at are ■■■■ hot on infringements but would like to know prior

Today I have only done a total of 4 hours driving so no break required there

I put my card in at 4:50 this morning and had a 15 min break at 7:55.

As I was due to get back to the depot at 12:30 I took another break of 15 mins at 10:55 (as I was working less than 9 hours)

However the depot took forever and I couldn’t get parked up until 14:00 (total of 9 hours e and ten mins working/driving). Because of this I then took another 15 minute break, took the unit for a spin and then parked up and pulled cars out around 14:30

Spoke to one driver who reckons I should have took 45 mins before the 9th but from what I’ve seen online, this doesn’t look to be the case

2

4.50 - 14.00 less 30min break = 8 hrs 40min working time

gov.uk/government/publicati … s-and-crew
"2. What are the limits?

An average of 48 hours’ work per week calculated over a specified reference period.

In any single week, up to 60 hours can be worked so long as the 48-hour average limit is maintained.

Night work is limited to 10 hours per night unless there is a workforce agreement to work longer.

Statutory annual leave and any sick leave and/or maternity/paternity leave counts as working time.

Working between 6 and 9 hours per day requires breaks totalling 30 minutes.

If more than 9 hours are worked then breaks must total 45 minutes.

Breaks must be of at least 15 minutes duration.

Break requirements under the regulations are in addition to those under the EU drivers’ hours rules. But where mainly driving work is undertaken it is possible that working time breaks may be satisfied by breaks from driving taken under the EU drivers’ hours rules. The EU drivers’ hours rules break requirements take precedence when driving."

You could of gone home at 14.00hrs,

Breaks and POA don’t count to total working time,

“There are a number of periods of time that do not count as work, for example, travelling between home and your normal place of work, lunch or other breaks and periods of availability (POAs).”

If your working time is more than 9 hrs you would of needed 45min break, As long as you don’t work for more than 6 hrs without a break, or in between your breaks you`ll be OK.

3

In a shift over 9 hours no you don’t need to have taken the full 45 before 9 hours, just by the end of the shift.

You could have finished, but it is probably better heading back with time in hand, so perhaps a second break of 30 minutes would have covered all the bases. It is a bit difficult to say you need to take a break when being asked to move off a bay or whatever, so you would be taking that out of the equation completely.

Breaks don’t count as working time.

4

Here is a 12 hour shift with only 4 hours of driving time

Work/drive 6 hrs
15 min break
work/drive 5 hrs
15 min
work/drive 14 mins
15 min break
work/drive 1 min

LEGAL :smiley:

5

There’s 2 parts to the wtd breaks.

  1. The 6 hour rule
    you can’t work more than 6 hours at any point without a 15 min break, a break of 15 or more allows you to work upto another 6 hours before needing another 15 min break. This works the same as driving 4.5 hours and a 45. (Only driving and other work count as working time)

  2. The total break
    This is dependent on the total amount of working time in the shift, only driving and other work count as working time for the wtd.

0-6 hours of working time = 0 break required
Over 6 but not over 9 = 30 mins of break/s
Over 9 = 45 mins of break/s required.
A shift can only be have 1 of the 3 apply, so ignore the other 2

Breaks can be taken anywhere in the shift to count towards the total required, except the very beginning or end of the shift, so each break must have at least 1 min of work either side of it and they must be at least 15 mins long to count.

The 6 - 9 and 9+ are purely used to determine how much break is required in total and are nothing to do with when any breaks are required.

So anyone who drives over 4.5 hours in a shift will have a 45 for that and tick the total break box for any shift, so all they’ll need to worry about is the 6 hour rule.

This is the extreme example of what is legal

Work 6
Break 15
Work 6
Break 15
Work 2:14
Break 15
Work 1 min

6

I tend to take my first 15min break within 6 hours and at least a 15m break every 3 hours, or something like that. I certainly plan it so that if I’m under 12hrs duty then I’ll have had 45m break, or an hour break over 12 hours to 15 hours.

But I also use the TruckTimer app as these days I do more duty than driving and can get lost and confused on my hours with compressed time deliveries…

7

Rather than put it on a break for 15 then go for a spin round the yard before taking your card out, just take your card out and go home. Then the following day, do a manual entry showing 5 minutes other work, 15 minutes break, another 5 minutes other work before recording your daily rest period. I’ve done this in the past with no issues.

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