When is a break a break

ASK THE EXPERTS SAFETY, LAW AND WORKING TIME DIRECTIVE FORUM (INTE
1

interesting one for the guru’s here

If you work a 15 hour shift and have a rest of 3 hours you can do this all week

now for my question

lets say you start at 6 am and arrive at you drop at 10.15 am and there tell you you will be there for 3 hours

you will need to take a driving break for the 4.15 hours driving can you use the 3 hour split rest as part of that for you break or can you only use in conjunction of a 9 or 11 hour rest

i know you can drive for 4.5 hours and take a rest, just wondered if you could do the same in the split rest

2

I do wish you would be more specific !! :wink:

Break.

Rest.

There’s a difference.

But I’d say the 45 minutes “break” that you have within the 3 hours “rest” would satisfy the break requirement, but the whole of the time period recorded on the bed symbol can be used as “rest”

It’s one of those rare occasions where a single period of time could be counted as two things.

3

If you work a 15 hour shift and have a rest of 3 hours you can do this all week

If you work a 15 hour shift and have a rest of 3 hours you have only worked for 12 hours :stuck_out_tongue: add this to driving breaks and you probably work less than a bloke on 9 - 5

4

dambuster:
It’s one of those rare occasions where a single period of time could be counted as two things.

Three things - the RTD(WTD) as well :wink: :smiley: :smiley: :smiley:

5

Simple answer;

as from 11th April 2007 the 3 hour rest period taken as part of a ‘split daily rest’ requirement counts as a break from driving. At the end of the three hours rest you start a new 4.5 hour driving period. This was not the case with the ‘old’ 3820 Regulation, although many didn’t understand that, it is still not the case if you are driving under the current AETR Regulation.

The three hour rest period does not count as ‘working time’ as far as the RT(WT)R is concerned so you could work for another six hours before needing to take a break to comply with that Regulation.

6

geebee45:
Simple answer;

as from 11th April 2007 the 3 hour rest period taken as part of a ‘split daily rest’ requirement counts as a break from driving. At the end of the three hours rest you start a new 4.5 hour driving period. This was not the case with the ‘old’ 3820 Regulation, although many didn’t understand that, it is still not the case if you are driving under the current AETR Regulation.

The three hour rest period does not count as ‘working time’ as far as the RT(WT)R is concerned so you could work for another six hours before needing to take a break to comply with that Regulation.

thanks once again mate for that :slight_smile: