My interpretation of the actual wording of the legislation is as follows and assuming 8hrs actual work.
Work 1 hr take a 15 min break then work a further 6 hrs you take a second 15 min break then work your last hour and you have absolutely complied with the legislation.
Work 6hrs then you would have to take a 30 min break or you have not complied with the legislation as written.
I agree with Rog and Heraultais. I also only have a 15 minute break usually before 6 hrs is up and have never had an infringement for it.
However newbies using this site have enough to think about as it is, and although this discussion is well written and in depth, I believe it is potentially conflicting advice for newbies.
As regards the tacho rules, I would suggest the aim of the game is to ’ prevent ’ infringement’s and therefore you MUST by default be complying with the rules.
So any newbies reading this, perhaps just accept that as long as you have 15 mins before 6 hrs of work is up, you will be ok.
However newbies using this site have enough to think about as it is, and although this discussion is well written and in depth, I believe it is potentially conflicting advice for newbies.
Agreed we are discussing the way the law is worded not the way it is actually enforced
My advice above is
I would take Rog and Tachographs advice and comply with the DFT guidance until such time it is updated or there is a court case
the guidance can be read here
gov.uk/government/uploads/s … _rules.pdf
Rikki-UK:
break of at least 30 minutes
- Breaks may be subdivided into periods of at least 15 minutes each.
So the 15 minutes are constituent parts of a 30 minute break and not a break in their own right
I fully agree with this. The ‘15 minutes’ minimum break has to be stipulated to stop people saying, “well I had 12 minutes there and then 18 minutes here” (12+18=30).
The problem with this debate is that the working time regulations do not define a break, the only definition of break is in the drivers hours and tachograph regulations (EC) 561/2006 and that regulation defines a break as any period that can be used exclusively for recuperation.
If you say that a break is a period of time of 30 minutes because that’s what’s mentioned in article 7.2 then you also have to say that a break is a period of time of 45 minutes because that’s what’s mentioned in 7.3.
So which break is the break in 7.1 a part of 
As far as I can see the only logical way to look at the subdivisions of article 7 is to take them as separate rules, if they’re separate rules then 7.4 simply means that each break can be broken down into separate parts of no less than 15 minutes, i.e. no break can be less than 15 minutes.
At the end of the day any of us can make article 7 mean whatever we want it to mean, it would take either an EU guidance note or the EU court of justice to give a definite definition of a break.
As has been said the best thing to do is to accept the DVSAs advice given in the guides they’ve published, the DVSA are not going to penalise anyone for complying with their own advice 
I didn’t go into the 9+ hour working as thought the can of worms was big enough as it was 
Do the DVSA have any sanctions for not complying with their WTD advice 
ROG:
Do the DVSA have any sanctions for not complying with their WTD advice
I doubt it, which is why I suspect if it ever did go to a court it wouldn’t be initially here in the UK
Rikki-UK:
ROG:
Do the DVSA have any sanctions for not complying with their WTD adviceI doubt it, which is why I suspect if it ever did go to a court it wouldn’t be initially here in the UK
Putting a court case off for 2+ years would mean it will never get to a court then (Brexit)
Rikki-UK:
PS… I am not arguing for either interpretation just adding to the discussion however I do think the interpretation relies on one word7.1, 7.2 all refer to A break
7.4 which relates to the 15 minute chunks refers to EACH break may be broken downIf you accept that then the breaks refered to in 7.1 ,2 are 30 minute
At the end of the day until VOSA actually successfully prosecute someone (if they ever do) then there is no case law to clarify.
Vosa would not prosecute through the courts, it will simply issue penalties for each offence on the card for the previous 28 days.
Vosa would not prosecute through the courts, it will simply issue penalties for each offence on the card for the previous 28 days.
then it would up to be the person to contest the fixed penalty in court as is their right. they would argue ( quite legitimately) that they have followed the DFT guidelines , the judge would then decide wether the guidance is in line with the legislation. It happens more than you may realise in UK courts that test cases are bought to define the law where the prosecution will ask for no penalty to be given, and even where the defence costs have been paid, I doubt that this is important enough for that, just so a judge can give a ruling on the rights or wrongs of the case
At the current time the DVSA don’t issue fixed penalties for WTD infringements.
tachograph:
At the current time the DVSA don’t issue fixed penalties for WTD infringements.
Link please.
Rikki-UK:
Vosa would not prosecute through the courts, it will simply issue penalties for each offence on the card for the previous 28 days.
then it would up to be the person to contest the fixed penalty in court as is their right. they would argue ( quite legitimately) that they have followed the DFT guidelines , the judge would then decide wether the guidance is in line with the legislation. It happens more than you may realise in UK courts that test cases are bought to define the law where the prosecution will ask for no penalty to be given, and even where the defence costs have been paid, I doubt that this is important enough for that, just so a judge can give a ruling on the rights or wrongs of the case
Furthermore very few drivers could afford to contest a fixed penalty in court.
