After 5 hours and 40 minutes of work you take a 15 minute break. So far, so good.
After a ■■■■■■■■■■ 8 hours and 50 minutes of work (it’s now about 6pm), you put your tacho on ‘rest’ for a minute (so that it registers), then take your card out and go home until 8am the next morning.
… and you get a tacho violation because “you worked for between 6 and 9 hours but did not take a 15 minute break as required under the EWTD”.
Really? So what was I doing between 6pm and 8 am then, eh, eh?
You didn’t take another 15 minute break between 6 and 9 hours of working. Any shift you do that is more than 6 hours long requires a 30 minute break but can be taken in two 15 minute chunks. You were correct with the break before the 6 hours were up but you failed to take another 15 minute before the 9 hours of was up.
If you want to steal 15 minutes and get home earlier then do what you did but next day manual enter 15 minute rest after you removed your card and then 5 minutes work then overnight rest.
Cheating and illegal but no infringement and hard to be questioned if pulled up.
After 5 hours and 40 minutes of work you take a 15 minute break. So far, so good.
After a ■■■■■■■■■■ 8 hours and 50 minutes of work (it’s now about 6pm), you put your tacho on ‘rest’ for a minute (so that it registers), then take your card out and go home until 8am the next morning.
… and you get a tacho violation because “you worked for between 6 and 9 hours but did not take a 15 minute break as required under the EWTD”.
Really? So what was I doing between 6pm and 8 am then, eh, eh?
So, what did happpen to common sense?? [/quote] The regulations say that if your total working time is between 6 and 9 hours you should have a break of at-least 30 minutes, this can be taken in 2 separate breaks of at-least 15 minutes each. If you work more than 9 hours you should have a break of at-least 45 minutes, this break can be taken in separate breaks of at-least 15 minutes each. In your case you worked between 6 and 9 hours and only had a 15 minute break, hence the infringement. What you was doing between 18:00 and 08:00 is irrelevant because your shift ended at about 18:00.
So it’s 3am and the end of a 14 hr shift which has seen a long drive in filthy conditions and I’m going to sit around for a 15 minute unpaid break before I can go home? Like ■■■■ I am. I’m off home.
You can’t take your rest before work commences or after you av finished your shift it needs to be taken somewhere in between even if it goes back on hammers for a minute.
Winseer:
I have been pulled up for this just this week.
I, too, did the 15 minute break before being 6 hours into the shift…
I then booked off without having taken a second 30 minute break in the 6 to 9 hours in part of the duty. (I took the 30 min break after 10 hours in…)
Got a WTD infringement.
I’ve been told to take a full 45m break starting no later than 8hr55m into the duty start time in future.
This means I’ll be getting an hour in breaks with 45m deducted for meal breaks via agency. I can’t complain therefore.
Unless you’ve misunderstood what the infringement was for you’ve been given an infringement for nothing.
There’s no regulation that says you have to have 45 minutes break before exceeding 9 hours working time, as long as you don’t go over 6 hours working time without a break, or 4.5 hours driving time without a break, you can have the breaks at any-time in the shift.
Still if your TM insists on you having more break than required I doubt you’ll be complaining about it
I take 30 min before the 6 hrs are up [I start at 0500]then before 2pm I take another 30,not had any problems yet,sooner or later the EU laws will probably change again,they wont be happy that we have it sussed so will probably try to make it harder,wouldnt put it past them
Honestscott76:
Surely anyone wouldn’t walk past a £10 note? So why do I regularly hear drivers getting infringement’s for not taking rest breaks? Times money!
Honestscott76:
Surely anyone wouldn’t walk past a £10 note? So why do I regularly hear drivers getting infringement’s for not taking rest breaks? Times money!
Maybe because they don’t get paid breaks.
Maybe but the company usually only stop the first 45. I personally wouldn’t choose to work for a single rate as its nearly always devised so that runs are planned in excess of 12 hours thus reducing the ‘average’ hourly equivalent, it’s devised to ‘cheat’ drivers.
Win-Stone:
… and you get a tacho violation because “you worked for between 6 and 9 hours but did not take a 15 minute break as required under the EWTD”.
Really? So what was I doing between 6pm and 8 am then, eh, eh?
So, what did happpen to common sense?? [/quote] It appears you have none. As tachograph said, you worked over 6hrs and only had 15 minutes of break and not the 30 minutes required.
Winseer:
I, too, did the 15 minute break before being 6 hours into the shift…
I then booked off without having taken a second 30 minute break in the 6 to 9 hours in part of the duty. (I took the 30 min break after 10 hours in…)
Got a WTD infringement. |
Was there more than six hours between ending the 15 and starting the 30?
There is no requirement to take 45 min before exceeding nine hours, as long as you take breaks totalling 45 min within a shift exceeding nine hours work (and don’t work for more than six hours without a break).
So either you have exceeded six hours without a break or someone has analysed it incorrectly.
After 5 hours and 40 minutes of work you take a 15 minute break. So far, so good.
After a ■■■■■■■■■■ 8 hours and 50 minutes of work (it’s now about 6pm), you put your tacho on ‘rest’ for a minute (so that it registers), then take your card out and go home until 8am the next morning.
… and you get a tacho violation because “you worked for between 6 and 9 hours but did not take a 15 minute break as required under the EWTD”.
Really? So what was I doing between 6pm and 8 am then, eh, eh?
So, what did happpen to common sense?? [/quote] When i am driving HGV’s i observe the drivers hours & rules, the WTD hasn’t ever so far had any bearing on what i do, and nor will it ever do, common sense all the way, if i need/want a break i’ll take one, regardless when ever possible , As i am able to think for myself & this wtd is BS IMO I have always made the job as easy as possible for myself, sometimes that ain’t possible but that is what the job entails,
