(This is for Working Time only. It does not take into account DRIVING time.)
The Road Transport (Working Time) Regulations 2005 Regulation 7
Regulation 7:
Breaks7.—(1) No mobile worker or self-employed driver shall work for more than six hours without a break.
(2) Where the working time of a mobile worker or self-employed driver exceeds six hours but does not exceed nine hours, the mobile worker or self-employed driver must take a break lasting at least 30 minutes and interrupting that period.
(3) Where the working time of a mobile worker or self-employed driver exceeds nine hours, the mobile worker or self-employed driver must take 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.
(6) A self-employed driver must take all reasonable steps, in keeping with the need to protect his health and safety, to comply with the limits specified above.
(4) Each break may be made up of separate periods of not less than 15 minutes each.
So “a” break in (2) and (3) is really total break and can be split into 15 minute or larger blocks.
(1) No mobile worker or self-employed driver shall work for more than six hours without a break.
- You can work (drive or other work) for less than 6 hours without any breaks.
- You can work (drive or other work) for exactly 6 hours without any breaks.
- more than six hours
If you work (drive or other work) for more than 6 hours either (2) or (3) applies. (No shift requires only a 15 minute break.) - This 6 hours doesn’t include any non-work, ie. any minute of break or POA.
(2) Where the working time of a mobile worker or self-employed driver exceeds six hours but does not exceed nine hours, the mobile worker or self-employed driver must take a break lasting at least 30 minutes and interrupting that period.
- “working time … exceeds six hours but does not exceed nine hours”
Only applies to shifts where you work (drive or other work) between 6 hours 1 minute and 9 hours exactly. - “a break lasting at least 30 minutes”
You must have at least 30 minutes of qualifying (7.4) break in this shift. Either two 15+ minute breaks or one 30+ minute break. - “interrupting that period”
The period being the working time (drive or other work), so anytime after the first minute and before the last minute of work (driving or other work).
Or in other words, not as the first or last action of the shift, and also not directly preceeded or followed by POA at the start or end of your shift respectively. - The breaks need to comply with (1); the “6 hour rule”.
(3) Where the working time of a mobile worker or self-employed driver exceeds nine hours, the mobile worker or self-employed driver must take a break lasting at least 45 minutes and interrupting that period.
The same as (2) except
- “exceeds nine hours”
It only applies to shifts with work (driving or other work) of 9 hours 1 minute or more. - “at least 45 minutes”
You must have at least 45 minutes qualifying (7.4) break in this shift. Any combination of 15+ minutes; eg. 21 and 26 or 30 then 15, for WORKING TIME ONLY, why not?