If i start at 7 and do 1.5 hours driving and 1.5 hours other work - This takes me to 10am
At 10 am my boss says wait here till 12, so i switch the mode to POA. now my understanding is that POA doesnt count as other work or driving time. so i was wondering do i still need to take a half hour break after 6 hours from 7 a.m i.e ( 1 p.m) or would i still have another 3 hours other work/driving after the POA ends at 12 p.m, meaning i would need a half hour break by 3 p.m, bearing in mind i havent driven more than 4.5hours in a 6 hour period.
Only driving and other work counts toward the 6 hour WTD rule so in the above scenario you would need a break at 15:00. You would only require a 15 minute break then to satisfy the WTD regulations, you don’t need to take 30 minutes at 6 hours. You could then take 30 minutes when you reach 4.5 hours driving and that would be the remainder of your WTD break and with the earlier 15 minutes your required 45 minute tacho break.
Its a bad head trying to understand all the rules and regs in the book, i could read it a hundred times over and still be none the wiser ,
Think am starting to get the jist of things now tho, see i also thought that after the 6 hour rule I had to reset the my driving time even if i still had 2 hours left for example, which seemed a waste to me, its not been to bad because i’ve been local so had plenty of time to get back to base, but if i was a god distance away then i might have struggled. I was told by a fellow driver to work on the basis i had 6 hours to do 4.5 hours driving.
Am still however just a little bit confused on the 15min break bit at 6 hours. Every where ive read said it has to be half an hour!
sambo45:
Am still however just a little bit confused on the 15min break bit at 6 hours. Every where ive read said it has to be half an hour!
The regulations don’t specify a minimum period of time for the 6 hour rule so it’s generally accepted that it’s a 15 minute break as that’s the shortest break that will count for the Working Time Regulations.
sambo45:
Am still however just a little bit confused on the 15min break bit at 6 hours. Every where ive read said it has to be half an hour!
Once again thank you for your help
Sambo
Here is the piece clipped from the EC 2002/15 RTD Regulations
Breaks
5.4 The EU drivers’ hours rules require a break of 45 minutes after 4½ hours ■■■■■■■■■■ or continuous driving (or 2 or 3 breaks of no less than 15 minutes during or immediately after the driving period). However, the break requirements under the RTD may still have an impact on those workers who do a mixture of driving and non-driving work.
5.5 The RTD requires;
that mobile workers should not work more than 6 consecutive hours without taking a break.
If working hours total between 6 and 9 hours a day, a break of at least 30 minutes is required.
Working time should be interrupted with a break of 45 minutes if working hours total more than 9 hours a day.
Like the existing EU drivers’ hours rules, breaks can be divided up into 15 minute intervals.
5.6 When taking a break, drivers may not perform anything that might be regarded as “other work” during this period.
So that looks rather easy to me.
0 - 6 = 15 minutes
6 - 9 = 30 minutes
9 - 15 = 45 minutes
sambo45:
Am still however just a little bit confused on the 15min break bit at 6 hours. Every where ive read said it has to be half an hour!
No offence but I don’t think that is true and it is more a case of you not reading it properly. Everything I read about the WTD does not say 30 minutes at 6 hours. It simply says a break is required before exceeding 6 hours work then goes on to give details of the total amount of break required for a shift with between 6 and 9 hours work and for a shift with more than 9 hours work. It then goes on to say that the minimum break which counts toward the regulations is 15 minutes.
sambo45:
ahhh Right yes i’ve miss read it, thanks for the help though people , Thought it be better to ask than struggle on!
Don’t miss that the RTD rules were written in 2002, before tacho’ rules were amended in 2007.
5.5 The RTD requires;
that mobile workers should not work more than 6 consecutive hours without taking a break.
If working hours total between 6 and 9 hours a day, a break of at least 30 minutes is required.
Working time should be interrupted with a break of 45 minutes if working hours total more than 9 hours a day.
Like the existing EU drivers’ hours rules, breaks can be divided up into 15 minute intervals.
The existing EU drivers hours rules now say a 45 minute break can only be broken into 2 parts, a 15 minute then a 30 minute break (or a complete 45 minute break). Complying with that still complies with the RTD rules.
These two sets of rules where written to comply with each other, so that a break taken for reasons of one set of rules would comply with a break for the other set. Then someone decided on amendments, so the two sets of rules don’t mesh quite as handily as they did originally
,
, Thought it be better to ask than struggle on!