Hello can any one answer this please? I have been given a job by my employer. It is a fixed job and the times are very precise, anyway my question is am i right in thinking that after 6 hours work I am supposed to have a 30 minute break? So how is this legal?:
My job starts at 14:55 & finishes at 00:29 (Total hours for the day are 9hrs 34 mins). My first official break is a 15 minute breaK 18:00-18:15
My next official break is at 21:42 for 45 minutes. I hope this makes sense in between the start & finish time I do a mixture of driving & loading). We do n ot have POA or anything like that.
prdcb1:
Hello can any one answer this please? I have been given a job by my employer. It is a fixed job and the times are very precise, anyway my question is am i right in thinking that after 6 hours work I am supposed to have a 30 minute break? So how is this legal?:
My job starts at 14:55 & finishes at 00:29 (Total hours for the day are 9hrs 34 mins). My first official break is a 15 minute breaK 18:00-18:15
My next official break is at 21:42 for 45 minutes. I hope this makes sense in between the start & finish time I do a mixture of driving & loading). We do n ot have POA or anything like that.
Firstly you don’t have to have a 30 minute break at or before 6 hours, it’s a 15 minute break that’s required for the 6 hour rule which is covered by the break at 18:00 to 18:15.
As your working time is between 6 and 9 hours you’re required to have breaks totalling 30 minutes to comply with the WTD, you’re having more than 30 minutes and at no time are you working over 6 hours without a break so there’s no problems there.
As you probably know the breaks for the WTD will also count as driver/tachograph breaks as long as they conform with the drivers hours and tachograph rules.
So assuming that all driver breaks are adhered to then the break times you’ve given would leave you legal
prdcb1:
Hello can any one answer this please? I have been given a job by my employer. It is a fixed job and the times are very precise, anyway my question is am i right in thinking that after 6 hours work I am supposed to have a 30 minute break? So how is this legal?:
My job starts at 14:55 & finishes at 00:29 (Total hours for the day are 9hrs 34 mins). My first official break is a 15 minute breaK 18:00-18:15
My next official break is at 21:42 for 45 minutes. I hope this makes sense in between the start & finish time I do a mixture of driving & l ading). We do n ot have POA or anything like that
Can I assume that there is very little driving done
You might as well ROG as it has absolutely no bearing on the original question.
I had a concern -
prdcb1:
It is a fixed job and the times are very precise
prdcb1:
starts at 14:55
prdcb1:
My first official break is a 15 minute breaK
prdcb1:
next official break is at 21:42
which leaves well over 6 hours of time before the second break is started.
Had that consisted of more than 4.5 hours of driving time then there would be an issue…
… as the OP says -
prdcb1:
It is a fixed job and the times are very precise
I was checking that the driving time had not been forgotten within that rigid regime
here we go again…iv"e seen this mentioned a couple of times now and am unsure.
whats the crack with the 6 hour 15/30 minute break rule please.
we work under the assumption that at 6 hours we must take a 30 minute wtd break.
is this right or wrong?
if wrong could someone please explain.
put simply, if you work between 0-6 hours you need to take a break of 15 minutes before or on the 6 hour mark, if you work between 0-9 hours you need to take a break of 30 minutes that can be split into 2 x 15 minutes (as you have had one of 15 minutes before or on the 6 hour mark you need another 15 before you finish) but it cant be 15 minutes break then finish straight after. you need to do at least 1 minute of work after your break before you finish!
buck73:
here we go again…iv"e seen this mentioned a couple of times now and am unsure.
whats the crack with the 6 hour 15/30 minute break rule please.
we work under the assumption that at 6 hours we must take a 30 minute wtd break.
is this right or wrong?
if wrong could someone please explain.
It’s wrong.
The regulations say that a driver shouldn’t work for more than 6 hours without a break but the length of the break isn’t specified.
It goes on to say that if you work between 6 and 9 hours you’re entitled to a break of 30 minutes.
If you work more than 9 hours you’re entitled to a break of 45 minutes.
These breaks can be split into separate parts of at least 15 minutes each.
As the regulations do not stipulate a length of break for what’s become known as the 6 hour rule it generally assumed that it has to be at least 15 minutes as this is the shortest break that will count for the WTD.
The breaks should not be at the immediate start or end of the shift, in other words you shouldn’t start or finish a shift with a WTD break.
The Road Transport (Working Time) Regulations 2005: Breaks
(1) No mobile worker shall work for more than six hours
without a break.
(2) Where a mobile worker’s working time exceeds six hours but
does not exceed nine hours, the worker shall be entitled to a break
lasting at least 30 minutes and interrupting that time.
(3) Where a mobile worker’s working time exceeds nine hours, the
worker shall be entitled to a break lasting at least 45 minutes and
interrupting that period.
(4) Each break may be made up of separate periods of not less than
15 minutes each…
ROG:
I was checking that the driving time had not been forgotten within that rigid regime
The very fact it is such a rigid regime makes it unlikely they would have ignored the 4.5 hour driving thing, especially given the fact they are one of a minority companies who are actually aware there is no need to take 30 minutes before exceeding 6 hours.
You’re making a habit recently of over complicating simple questions, which can be answered with simple answers, by introducing extra stuff the questioner hasn’t even asked about. For Example a simple question which could be answered in three words yet ran to two pages due to lots of stuff that had no bearing being thrown into the mix and makes the regulations appear far more complicated than they actually are. Same when you ask people to lay out all their times in a certain fashion because it makes it easier for ‘The Gurus’ to understand when in reality ‘The Gurus’ are quite capable of working it out from the question, as Tachograph pointed out on a recent thread.
Bit of a fault I have - looking too deep into something when not necessary - must try not to do so in future
I think it stems from my driving - looking into every possibility when possible to do so in order to prepare for every eventuality.
I tend to find it difficult to have a narrow focussed view which is probably why I find reading legal stuff difficult.
from what you say, you do not need to abide by the EU regs, just domestic hours regs. ignore the WTD, everyone else does.
and it’s your employer who will be prosecuted for WTD problems, not you.
but i don’t think anyone has been prosecuted under WTD regs.
limeyphil:
from what you say, you do not need to abide by the EU regs, just domestic hours regs.
Care to elaborate on why you think prdcb1 works under domestic rules ?
less than 11 hour day. and it appears that he does very little driving, so he would be probably be within the 50km limit when he does.
but i could be wrong.
Sorry to hear that ROG, but now I can suggest a remedy… try taking a break from it. 
