Split break question

Can a first break of over 45 mins count a a 15 min of a split break? As an example…

Drive 30 mins
Break 49mins. ( wanted this to count as 15 min of split)
Drive 3 hours
Break 30 mins ( wanted this to count as 30 min of split so in theory could drive 4.5 hrs from this point)
Drive 1hr 35mins

The 49 min break exceeding 45 mins wipes the slate clean so the next 4.5 hour drive is exceeded unless the 49min break can be utilised as a 15 min break.

Over wise the following should have been followed. And is what I did as the first 49 break didn’t seem to count as a 15min with the 30 min as the tacho started warning that a break was required at the 1hour 30 drive point)

Drive 30 mins
Break 49 mins (Slate whipped 4.5 driving allowed)
Drive 3 hours
Break 30 mins (15 min of split)
Drive 1hour 30mins
Break 30 (30 min of split)
Drive 1hr 5min

Hope this makes sense.

no, once you’ve had a 45 it resets, put it on poa after 15 minutes

Thanks I’ll remember to put it on poa in future wasn’t aware in this instance that I’d been on break for so long! Time flies when you don’t want it to!

The simple answer is no for your first example because you are doing 4.35 of continuous driving.

You’ve already got the answer but just for clarity, any break time up-to and including 44 minutes can be used as either part of a split break, but once you’ve reached 45 minutes break the driving time is reset whether you want it to be or not.

One of those daft rules that can penalise a driver for having too much break !

Be aware that POA will also reset the driving time which can get confusing when having used POA and then going for a split break. When having a split break I always have either 15 or 20 minutes and then either 30 or 40 later on. We get an hours break during the shift so I kind of use it to how it helps me. Similarly, when I use POA I try to use it in blocks of 25 minutes to save resetting the driving time and causing confusion (25 minutes POA, 1-5 minutes of other work, 25 mins POA etc etc).

It is a good question and one I have often thought about.

It seems to me, from the answers received, that we are required to drive to the idiosyncrasies of the the tacho rather than to the regulations.

Has anyone actually fallen foul of VOSA on this one?