Newbe, breaks question

I did a shift last week that started at 0630 and finished at 2115hrs, so total lengh of shift was 14.75hrs long I had plenty of breaks as for instance I was sat outside the distribution depot for 3 hrs, I never drove longer than the two lots of 4.5hrs so my driving time was safe. what breaks should I have had for this lengh of shift.
The reason I ask is I have invoiced the agency I have just started with as a limited company but they haven’t paid what was on the invoice so before I ring up and go at them with both barrels I thought I would check with the experts

Whitey2104:
I did a shift last week that started at 0630 and finished at 2115hrs, so total lengh of shift was 14.75hrs long I had plenty of breaks as for instance I was sat outside the distribution depot for 3 hrs, I never drove longer than the two lots of 4.5hrs so my driving time was safe. what breaks should I have had for this lengh of shift.
The reason I ask is I have invoiced the agency I have just started with as a limited company but they haven’t paid what was on the invoice so before I ring up and go at them with both barrels I thought I would check with the experts

As long as you did not start next shift before 0615 then daily rest is a reduced BUT if you also has an unbroken 3 hour break/rest during the shift then you have a regular daily rest

You would have needed a 45 min break before going over 4.5 driving time

The total breaks for RT(WT)R have been covered if you took at least 45 mins of break during the shift

That only leaves the 6 hour working time rule break so was there ever a point in the shift where you did more than 6 hours working time (driving + other work time) without at least a 15 min break :question:

no I had had my 45 mins before the 6 hours was up as I was on the way to depot and didn’t want to end up not having a break before getting there.
The agency seem to have deducted two 45 mins breaks from my invoice but I can’t see why

Whitey2104:
no I had had my 45 mins before the 6 hours was up as I was on the way to depot and didn’t want to end up not having a break before getting there.
The agency seem to have deducted two 45 mins breaks from my invoice but I can’t see why

Did you do more than 6 hours work after taking the 45 ?

I cannot see why they have deducted the second 45 as the driving time never went over 9 hours

Could you post what you did such as …

OW 15 min
D 3 hours
OW 30 mins
B 3 hours
etc etc

Any POA used?

0630 start time but not into wagon until 7.00am
hitched up and drove to Kings Lynn (about 30mins) then on rest while unloaded which took about an hour.
back to the yard (another 30 mins) then swapped trailer, set of down to Chelmsford
stopped on the way to Chelmsford and had a 30 minute break as already had 15 over 15 mins whilst being unloaded earlier
into depot at Chelmsford at 2pm to be told to come back at 4.45pm so parked up in the industrial estate and onto break for probably about 2.5 hrs.
into the depot at 4.45pm then I had to unload
back into the wagon by about 6,30pm then back to the yard arriving about 9pm
by the time I had dumped the trailer and handed paperwork in it was 9.15pm

Whitey2104:
I did a shift last week that started at 0630 and finished at 2115hrs, so total lengh of shift was 14.75hrs long I had plenty of breaks as for instance I was sat outside the distribution depot for 3 hrs, I never drove longer than the two lots of 4.5hrs so my driving time was safe. what breaks should I have had for this lengh of shift.
The reason I ask is I have invoiced the agency I have just started with as a limited company but they haven’t paid what was on the invoice so before I ring up and go at them with both barrels I thought I would check with the experts

To comply with the working time regulations you needed to have 45 minutes break for the entire shift, obviously you would have needed a second 45 minute driving break if after the first break you did more than 4½ hours driving.

Driving breaks also count as working time breaks so assuming that you only needed one 45 minute driving break and you never needed another break for the six hour rule 45 minutes would suffice.

I wouldn’t have a go at the agency just yet, just ask why they’ve underpaid you, if you can’t come to a satisfactory agreement then have a go at them :slight_smile:

Thanks I will give them a call I just wanted to know that all I had to take ws a 45 mins break which I had , there was some confusion when I got there at 0630 as you have to put your card into the reader in the office which they didn’t explain but I had spoke to them the day after saying this so there woud be a discrepancy with this but they said they would sort it.
I will let you know how I get on I do have this sincere distrust of agencies and money after another tried to rip me off but we shall see

Whitey2104:
0630 start time but not into wagon until 7.00am
hitched up and drove to Kings Lynn (about 30mins) then on rest while unloaded which took about an hour.
back to the yard (another 30 mins) then swapped trailer, set of down to Chelmsford
stopped on the way to Chelmsford and had a 30 minute break as already had 15 over 15 mins whilst being unloaded earlier
into depot at Chelmsford at 2pm to be told to come back at 4.45pm so parked up in the industrial estate and onto break for probably about 2.5 hrs.
into the depot at 4.45pm then I had to unload
back into the wagon by about 6,30pm then back to the yard arriving about 9pm
by the time I had dumped the trailer and handed paperwork in it was 9.15pm

0630 - 0700 OW?
0700 - 0730 D
0730 - 0830 B?
0830 - 0900 D
0915 - 1130 D
1130 - 1200 B
1200 - 1400 D
1400 - 1645 B
1645 - 1830 OW?
1830 - 2100 D
2100 - 2115 OW
2115 = reduced daily rest
earliest start 0615

Is that about right?

What was the break time taken between 0730 and 0830?
What was the driving time between 0830 and 1400?