As I have said before I have been told to have 2 30 min breaks 1 30 min for wtd and 1 to reset the 4.5 drive time. and for a good while I have managed to do my job with no infringements. All of a sudden where I have been asked to do extra because I have got back to the yard earlier than normal I have had 4 wtd infringements going over my 6 hours.
Just as an example. I start work at 4.30 am I have my first break of 30 mins at 7 am. I am not due a 6 hour break now until 1.30pm (correct??) if I get back to the yard before 1.30 and with in the 4.5 hours driving time I wasn’t having another break. Lets suppose I get back to the yard at 1pm with out having the second break and im asked to do some extra drops. I have my second 30 min break at 1.15pm which my theory states it takes me up to 7.45 pm which is 15 mins over my 15 hours so I have to be back. Provided I am back by 7.30pm (I am easily) and I don’t go over my drive time I shouldn’t need another break. Yet as said I have 4 in 2 weeks for going over the 6 hours.
coop
Your employer should be showing/explaining exactly where you’ve gone wrong if you don’t understand - not just saying “sign here”.
Take a printout (remove any personal/vehicle details) and post a piccie here.
Sent from my VOG-L09 using Tapatalk
cooper1203:
As I have said before I have been told to have 2 30 min breaks 1 30 min for wtd and 1 to reset the 4.5 drive time. and for a good while I have managed to do my job with no infringements. All of a sudden where I have been asked to do extra because I have got back to the yard earlier than normal I have had 4 wtd infringements going over my 6 hours.
Just as an example. I start work at 4.30 am I have my first break of 30 mins at 7 am. I am not due a 6 hour break now until 1.30pm (correct??) if I get back to the yard before 1.30 and with in the 4.5 hours driving time I wasn’t having another break. Lets suppose I get back to the yard at 1pm with out having the second break and im asked to do some extra drops. I have my second 30 min break at 1.15pm which my theory states it takes me up to 7.45 pm which is 15 mins over my 15 hours so I have to be back. Provided I am back by 7.30pm (I am easily) and I don’t go over my drive time I shouldn’t need another break. Yet as said I have 4 in 2 weeks for going over the 6 hours.
coop
Legally you can do 4.30am to 7.00am then take a 15 min break
If you then take 30 mins at 1.15pm (unless reaching 4.5 driving time before that) it will reset your 4.5 driving time and cover you until 7.45pm for the 6 hour WTD rule
Having a total of 45 min in breaks will also cover you for a shift of 9+ hours work/drive time in regards to WTD
Another break would only be needed for driving time if you got to 4.5 hours between 1.45pm and 7.45pm
Thats the law but company policy may state the first break must be 30 mins and not the legal 15 mins
ROG:
cooper1203:
As I have said before I have been told to have 2 30 min breaks 1 30 min for wtd and 1 to reset the 4.5 drive time. and for a good while I have managed to do my job with no infringements. All of a sudden where I have been asked to do extra because I have got back to the yard earlier than normal I have had 4 wtd infringements going over my 6 hours.
Just as an example. I start work at 4.30 am I have my first break of 30 mins at 7 am. I am not due a 6 hour break now until 1.30pm (correct??) if I get back to the yard before 1.30 and with in the 4.5 hours driving time I wasn’t having another break. Lets suppose I get back to the yard at 1pm with out having the second break and im asked to do some extra drops. I have my second 30 min break at 1.15pm which my theory states it takes me up to 7.45 pm which is 15 mins over my 15 hours so I have to be back. Provided I am back by 7.30pm (I am easily) and I don’t go over my drive time I shouldn’t need another break. Yet as said I have 4 in 2 weeks for going over the 6 hours.
coop
Legally you can do 4.30am to 7.00am then take a 15 min break
If you then take 30 mins at 1.15pm (unless reaching 4.5 driving time before that) it will reset your 4.5 driving time and cover you until 7.45pm for the 6 hour WTD rule
Having a total of 45 min in breaks will also cover you for a shift of 9+ hours work/drive time in regards to WTD
Another break would only be needed for driving time if you got to 4.5 hours between 1.45pm and 7.45pm
Thats the law but company policy may state the first break must be 30 mins and not the legal 15 mins
I discovered yesterday that during the course of a shift I am entitled to 1 hours break or rather they deduct 1 hour a day for breaks so I might as well take them. I was a little naïve and assumed they were going through the tacho recordings and deducting what I took.
Roymondo:
Your employer should be showing/explaining exactly where you’ve gone wrong if you don’t understand - not just saying “sign here”.
Take a printout (remove any personal/vehicle details) and post a piccie here.
Sent from my VOG-L09 using Tapatalk
It says on the piece of paper what I did wrong. in the following example I went over the 6 hours by 2 hours 18 mins. (or so it says)
start duty end duty lead in lead out drive work poa rest duty time
04:29 04:33 00:00 00:00 00:00 00:04 00:00 00:00 00:04
04:33 16:49 01:16 00:05 04:18 06:52 00:00 01:06 12:16
16:49 17:01 00:00 00:00 00:00 00:12 00:00 00:00 00:12
cooper1203:
It says on the piece of paper what I did wrong. in the following example I went over the 6 hours by 2 hours 18 mins. (or so it says)
start duty end duty lead in lead out drive work poa rest duty time
04:29 04:33 00:00 00:00 00:00 00:04 00:00 00:00 00:04
04:33 16:49 01:16 00:05 04:18 06:52 00:00 01:06 12:16
16:49 17:01 00:00 00:00 00:00 00:12 00:00 00:00 00:12
Can only see it properly when quoted
Where does it say what time you took breaks and for how long 
ROG:
cooper1203:
It says on the piece of paper what I did wrong. in the following example I went over the 6 hours by 2 hours 18 mins. (or so it says)
start duty end duty lead in lead out drive work poa rest duty time
04:29 04:33 00:00 00:00 00:00 00:04 00:00 00:00 00:04
04:33 16:49 01:16 00:05 04:18 06:52 00:00 01:06 12:16
16:49 17:01 00:00 00:00 00:00 00:12 00:00 00:00 00:12
Can only see it properly when quoted
Where does it say what time you took breaks and for how long
your guess is as good as mine? just says I broke the rules by doing 8 hours 18 min which I guess I must of done… otherwise why would it say I did. trouble is a part from a pretty coloured graph it doesn’t show where breaks were taken and or other work interspersed with driving. so I have no clue what the tacho was set to,
You should ask your TM to explain the infringements to you, the company have a legal obligation to ensure you understand what you’ve done wrong.
Alternatively post a scan/image of a relevant printout and we may be able to work it out for you.
As above ^^^ request a printout and post it here. It doesn’t matter which vehicle you get into (ie a different one to the one the infringement happened in) you can easily print out a copy of the activities that you did on the day in question.
tachograph:
You should ask your TM to explain the infringements to you, the company have a legal obligation to ensure you understand what you’ve done wrong.
Alternatively post a scan/image of a relevant printout and we may be able to work it out for you.
it will have to wait till Monday as im not at work until at least then.
There’s 2 parts to the wtd breaks.
-
The 6 hour rule
you can’t work more than 6 hours at any point without a 15 min break, a break of 15 or more allows you to work upto another 6 hours before needing another 15 min break. This works the same as driving 4.5 hours and a 45. (Only driving and other work count as working time)
-
The total break
This is dependent on the amount of working time in the shift, only driving and other work count as working time for the wtd.
0-6 hours of working time = 0 break required
Over 6 but not over 9 = 30 mins of break/s
Over 9 = 45 mins of break/s required.
A shift can only be have 1 of the 3 apply, so ignore the other 2
Breaks can be taken anywhere in the shift to count towards the total required, except the very beginning or end of the shift, so each break must have at least 1 min of work either side of it and they must be at least 15 mins long to count.
So anyone who drives over 4.5 hours in a shift will have a 45 for that and tick the total break box for any shift, so all they’ll need to worry about is the 6 hour rule.
This is the extreme example of what is legal
Work 6
Break 15
Work 6
Break 15
Work 2:14
Break 15
Work 1 min
Obviously on a shift with not more than 4.5 hours of driving
The summary doesn’t really help because it doesn’t say when you took your breaks. What you are suggesting you did seems okay.
If I were you I would start taking the other half an hour before I get back to the yard. The first reason is as you have pointed out, they will deduct an hour. You also seem to be going quite close to the six hours when you get back. You never know what can happen and once you are in the yard you can start getting instructions to do this that and the other when you either need to finish or take a break. To avoid that I would always go back to the yard with a bit of work in hand.