Split breaks question

Hello Boys and Girls.
I had to take a second 45 yesterday due to getting held up by the lorry fire on the M4.
My hours scenario was a little like this,
Start 05:30
Driving 06:00-09:00
Break 09:00-09:20
Drive 09:20-10:40
Break 10:40-11:30
POA and OW 11:30-14:00
Drive 14:00-18:30
All ok so far, but I was thinking that because I’d taken a 15 and then a 45 that I could use the last 15 of the 45 as the first part of my second 45 and so I would only have to have a 30 at 18:30 but my tacho wouldn’t reset until I’d had a full 45 at 18:30.
Why?

Because after 4 1/2 hours driving you need a 45 min break

I think

You can’t split a break in the way you are thinking, has to be a 15 and 30, or a full 45, can’t have a 45 and split it like you wanted to.

Because the first part of a split driving break must be proceeded by at least a minute’s driving for it to have the desired effect.

Your 2nd break that finished at 11:30 reset your driving time. You would have to have driven for at least 1 minute after this break, then taken a 15 followed by a 30, or a 45 in one go to have a legal break. You can’t use part of a full break towards your next break.

So when I had my first 45 if I had put in on other work after 30 minutes for a couple of minutes would this have had the same effect as doing a minutes driving?

dreamingofoz:
So when I had my first 45 if I had put in on other work after 30 minutes for a couple of minutes would this have had the same effect as doing a minutes driving?

No, you would need to drive for a minute. Taco breaks interrupt periods of driving and if you just put it on other work then you won’t be interrupting driving.

Can I split two 45 mins breaks. First 15+30mins and secend 15+30mins?

elemelek:
Can I split two 45 mins breaks. First 15+30mins and secend 15+30mins?

Yes, you can split any 45 minute driving break as long as the first part of the split break is at-least 15 minutes and the second part is at-least 30 minutes and they’re taken in that order.

Thank you. I got infrigment. I finished my 15min break 23:46, then I took secend break on 5:42am. On infrigment says 5:08h driving without break. I had about 4h driving time, and after secend break about 50 mins. I dont know whats going on :confused:

elemelek:
Thank you. I got infrigment. I finished my 15min break 23:46, then I took secend break on 5:42am. On infrigment says 5:08h driving without break. I had about 4h driving time, and after secend break about 50 mins. I dont know whats going on :confused:

Are you sure the breaks were at-least 15/30 or 45 minutes minutes long, if you’re using a digital tachograph always take the break duration off the tachograph display where it shows the duration of the current break.

If you want to do printouts for the dates you got the infringement and post a scan of them here we’ll probably be able to see where or if you’ve gone wrong.