Our Tachograph Analysis company now work out the working time breaks from the start of the working day. The following they assure me is legal
1 Hour Driving
1 Hour Break
5 Hours Work
15 Minute Break
5 Hours Work
End of Duty
Total 11 Hours work(including Driving) and total breaks of 1 Hour 15 minutes,
and no more than 6 Hours without a break.
After the hours break there is 10 Hours work with only a 15 minute break, but they assure me it is legal Is it?
anadrewhardingjones:
Our Tachograph Analysis company now work out the working time breaks from the start of the working day. The following they assure me is legal1 Hour Driving
1 Hour Break
5 Hours Work
15 Minute Break
5 Hours Work
End of DutyTotal 11 Hours work(including Driving) and total breaks of 1 Hour 15 minutes,
and no more than 6 Hours without a break.After the hours break there is 10 Hours work with only a 15 minute break, but they assure me it is legal Is it?
Looks legal to me, If you work more than 9 hours you’re entitled to a 45 minute break and you shouldn’t work for more than 6 hours without a break.
The situation you describe complies with both of those requirements.
Though I have to say that the distribution of breaks is a bit sad unless absolutely necessary.
anadrewhardingjones:
Our Tachograph Analysis company now work out the working time breaks from the start of the working day. The following they assure me is legal1 Hour Driving
1 Hour Break
5 Hours Work
15 Minute Break
5 Hours Work
End of DutyTotal 11 Hours work(including Driving) and total breaks of 1 Hour 15 minutes,
and no more than 6 Hours without a break.After the hours break there is 10 Hours work with only a 15 minute break, but they assure me it is legal Is it?
I would guess the problem is that the “break” (in blue) isn’t a break, as it is only a part of a 45 minute break, so you have worked for 10 hours (in red) without a full break…I may be wrong though
Looks perfectly legal to me, assuming by “Work” in the case of the two 5 hour spells you mean work other than driving.
Paul
do you mean 5 hours work or 5 hours drive,
164480:
do you mean 5 hours work or 5 hours drive,
5 Hours Work
to quote from the DFT website
The Regulations require that:
mobile workers must not work more than 6 consecutive hours without taking a break,
if your working hours total between 6 and 9 hours, working time should be interrupted by a break or breaks totalling at least 30 minutes,
if your working hours total more than 9 hours, working time should be interrupted by a break or breaks totalling at least 45 minutes,
as you have worked 10 hours since your 1 hour break I would think you were outside the regulations
jimti:
to quote from the DFT website
The Regulations require that:mobile workers must not work more than 6 consecutive hours without taking a break,
if your working hours total between 6 and 9 hours, working time should be interrupted by a break or breaks totalling at least 30 minutes,
if your working hours total more than 9 hours, working time should be interrupted by a break or breaks totalling at least 45 minutes,as you have worked 10 hours since your 1 hour break I would think you were outside the regulations
Thye tell me its measured from the start of the day and any rolling period in the day should not be more than 6 hours without a break of 15 minutes.
who are “they”? this quote is from the Dept for Transport (the people who write the rules)
As he’s working 11 hours he should have a total of no less than 45 minutes break before the end of the 11 hours which he has.
To comply with the wtd you should not work over 6 hours without a 15 minute break which he hasn’t.
At no point has he worked over 6 hours without a break and he’s had over the 45 minutes
I would say what’s described is definitely legal and complies with the wdt in every way.
tachograph:
As he’s working 11 hours he should have a total of no less than 45 minutes break before the end of the 11 hours which he has.To comply with the wtd you should not work over 6 hours without a 15 minute break which he hasn’t.
At no point has he worked over 6 hours without a break and he’s had over the 45 minutes
I would say what’s described is definitely legal and complies with the wdt in every way.
Many thanks . The Tachograph analysis assure us that this is the case , and that it complies with VOSA inturpretation.
jimti:
who are “they”? this quote is from the Dept for Transport (the people who write the rules)
Not quite, they enforce them and the EU write 'em.
Either way, as others have already said, he complies with the regulations and the bit you quoted from the DfT site has a bit missing which is the bit that allows break to be split into periods of not less than15 minute.
tachograph:
As he’s working 11 hours he should have a total of no less than 45 minutes break before the end of the 11 hours which he has.To comply with the wtd you should not work over 6 hours without a 15 minute break which he hasn’t.
At no point has he worked over 6 hours without a break and he’s had over the 45 minutes
I would say what’s described is definitely legal and complies with the wdt in every way.
I agree, The only thing I would add is that all his breaks fell within the shift with no part at the end which is another requirement of the WTD.
how can it be right he has worked 10 hours continues with only a 15 minute break
Is there a 9 hour rule as well? if yes, is it relevant for the driving sector?
8
Drivers’ Hours and Tachograph Rules for Goods Vehicles in the UK and EuropeBreaks: Mobile workers must not work more than 6 consecutive hours without taking a break,
- If your working hours total between 6 and 9 hours, working time should be
interrupted by a break or breaks totalling at least 30 minutes,
- If your working hours total more than 9 hours, working time should be
interrupted by a break or breaks totalling at least 45 minutes,
- Breaks should be of at least 15 minutes’ durationRest: Same as EC or AETR drivers’ hours rules (EC/3820/85).
- Record keeping — records need to be kept for 2 years after the period in
question.
The reference period for calculating the 48 hour week is normally 17 weeks, but it can be extended to 26 weeks if this is permitted under a collective or workforce agreement. There is no “opt-out” for individuals wishing to work longer than an average 48-hour week, but break periods and ‘periods of availability’ will not count as working time.
I now wait for the shot 
fuse:
how can it be right he has worked 10 hours continues with only a 15 minute break
If he has had a break, then he hasn’t worked 10 hours continuous.
- If your working hours total more than 9 hours, working time should be
interrupted by a break or breaks totalling at least 45 minutes,
- Breaks should be of at least 15 minutes’ duration.
He has worked more than 9 hours, he is therefore entitled to a break or breaks of as least 45 minutes.
He has had those breaks, so the shift complies with all the requirements, so it’s legal.
Being legal and being right are not the same thing.
I wouldn’t want to work that shift, and if my boss expected me to work that sort of shift regularly he wouldn’t be my boss for long.
Simon:
fuse:
how can it be right he has worked 10 hours continues with only a 15 minute breakIf he has had a break, then he hasn’t worked 10 hours continuous.
If your working hours total more than 9 hours, working time should be interrupted by a break or breaks totalling at least 45 minutes,
- Breaks should be of at least 15 minutes’ duration.[/b]
He has worked more than 9 hours, he is therefore entitled to a break or breaks of as least 45 minutes.
He has had those breaks, so the shift complies with all the requirements, so it’s legal.
Being legal and being right are not the same thing.
I wouldn’t want to work that shift, and if my boss expected me to work that sort of shift regularly he wouldn’t be my boss for long.
1 Hour Driving
1 Hour Break
5 Hours Work
15 Minute Break
5 Hours Work
End of Duty
My logic must be failing me as I can see a total of 10 hours that has only been “interupted” by a break of 15 mins 
I think that when it got to 9 hours of work, a second break of 30 mins should have been taken to comply with the 9 hour rule that says “a break or breaks totalling at least 45 minutes”
Where is my logic failing 
ROG:
Simon:
fuse:
how can it be right he has worked 10 hours continues with only a 15 minute breakIf he has had a break, then he hasn’t worked 10 hours continuous.
If your working hours total more than 9 hours, working time should be interrupted by a break or breaks totalling at least 45 minutes,
- Breaks should be of at least 15 minutes’ duration.[/b]
He has worked more than 9 hours, he is therefore entitled to a break or breaks of as least 45 minutes.
He has had those breaks, so the shift complies with all the requirements, so it’s legal.
Being legal and being right are not the same thing.
I wouldn’t want to work that shift, and if my boss expected me to work that sort of shift regularly he wouldn’t be my boss for long.1 Hour Driving
1 Hour Break
5 Hours Work
15 Minute Break
5 Hours Work
End of DutyMy logic must be failing me as I can see a total of 10 hours that has only been “interupted” by a break of 15 mins
I think that when it got to 9 hours of work, a second break of 30 mins should have been taken to comply with the 9 hour rule that says “a break or breaks totalling at least 45 minutes”
Where is my logic failing
ROG the regulations say that if you work more than 9 hours you should have a 45 minute break which can be divided into breaks of no less than 15 minutes, at least a 15 minute break should be taken during or immediately after 6 hours of work, the 45 minute break/breaks should interrupt the working time not necessarily the nine hours.
ROG the regulations say that if you work more than 9 hours you should have a 45 minute break which can be divided into breaks of no less than 15 minutes, at least a 15 minute break should be taken during or immediately after 6 hours of work, the 45 minute break/breaks should interrupt the working time not necessarily the nine hours.
So you can do 6 hours work, 15 mins break and then work for how long before you HAVE to take another break?