WTD 6 Hour rule

I’ve done a few searches and too many results come up.

Please can someone clarify ( for my boss) the RTD regs. regarding the “you must take a 30 min break after 6hours” rule.

I know the answer and I have seen on here, but can’t find it now. Any help gratefully received!

I think the rule is that “a driver shall not work for more than 6h without a break”, and “if the working time in a shift is more than 6 hours, the driver shall have breaks totalling at least 30min, and if the working time is more than 9 hours the driver shall have breaks totalling at least 45min”.

Importantly, you don’t have to have 30min after 6h working, you only have to have “a break”, which means 15min minimum (as long as you get the other 15 or 30min in to meet the second rule above before the end of your shift).

For example “work 6h, break 15min, work 1h, break 15min, work 1h” is prefectly legal (assuming you’ve not gone over the 4.5h driving time in this 8h of work of course).

HTH,
Paul

I got ‘messed up’ with the wording of this some time ago - coffeeholic explained it better than they wrote it in the regs.

To comply with the WTD for mobile workers:
No one should work more than 6 consecutive hours without having a break of at least 15 minutes.

If you work more than 6 hours but no more than 9 hours you should have at least 30 minutes break in total.

If you work more than 9 hours you should have breaks totaling at least 45 minutes.

The breaks can be split into parts of no less than 15 minutes.

The daily break/breaks should interrupt the days duty time.

WTD breaks can count for the driver breaks and vise-versa as long as they comply with the regulations.

5.4 Breaks

The European drivers’ hours rules require that after 4½ hours driving, a driver must take a break of at least 45 minutes. This break may be replaced by a break of at least 15 minutes followed by a break of at least 30 minutes each distributed over the period.

The break requirements under the Regulations will affect workers who do a mixture of driving and non-driving work. The rules on breaks will also apply on days when the mobile worker is not travelling.

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,
  • breaks should be of at least 15 minutes duration.

In the interest of safety, and as a matter of good practice, it is strongly recommended that breaks should be distributed evenly throughout the day.

When taking a break, drivers may not perform anything that might be regarded as “other work” during this period. Breaks taken under these Regulations may be taken at the workstation.

tachograph:

  • 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 duration.

When I first read that, I wrongly thought it meant that you had to have 30 mins in the first 6 hours but those 30 mins could be in 2 X 15 mins - WRONG :exclamation: :exclamation:

Thanks guys - those are the details I needed.

ROG:
When I first read that, I wrongly thought it meant that you had to have 30 mins in the first 6 hours but those 30 mins could be in 2 X 15 mins - WRONG :exclamation: :exclamation:

Only the first 15 minutes of the break needs to be before going over the 6 hour mark ROG :wink:

If it’s any consolation you were right when you said you were wrong :confused: :smiley:

tachograph:

ROG:
When I first read that, I wrongly thought it meant that you had to have 30 mins in the first 6 hours but those 30 mins could be in 2 X 15 mins - WRONG :exclamation: :exclamation:

Only the first 15 minutes of the break needs to be before going over the 6 hour mark ROG :wink:

If it’s any consolation you were right when you said you were wrong :confused: :smiley:

It’s nice to be wrongly right :confused: :confused: :laughing: :laughing: :laughing: :laughing: :laughing:

My problem was that I also EXPECTED it to say that a 30 min break SHOULD be had in the first 6 hours as it seemed more sensible to me… :unamused:

  1. ½ hour other work + 4½ hour driving triggers a 45 minute break under European drivers’ hours rules. Another 4½ hours driving triggers another 45 minute break under European drivers’ hours rules. 9½ hours of working under the Regulations would normally require 45 minutes break, but this has already been covered by the breaks taken under the European drivers’ hours rules. Total break time = 90 minutes.

½ hr

other work
4 ½ hours

driving
¾ hour

break
4 ½ hours

driving
¾ hour

break
1 hr

other work

  1. 4 hours other work + 2 hours driving triggers a break (30 minutes in this case) under the Regulations. Another 3 hours work (9 hours in total) and another 15 minute break is needed under the Regulations. There is no requirement to take any breaks under the European drivers’ hours rules as total driving time has not reached 4 ½ hours. Total daily break time = 45 minutes.

4 hours

other work
2 hours

driving
½ hour

break
3 hours

other work
¼ hour

break
1 hour

other work

  1. 3 hours driving + 2 hours other work + 1 hour driving will trigger a break (30 minutes in this case) under the Regulations. Another ½ hour of driving = 4½ hours driving, requiring another 30 minute break under the European drivers’ hours rules. This is because the second half of a split break taken under the European drivers’ hours rules (which always takes precedent) must be at least 30 minutes long. Daily break time = 60 minutes.

3 hours

driving
2 hours

other work
1 hr

driving
½ hr

break
½ hr

driving
½ hr

break
3 hours

driving

  1. 3 hours driving + 2 hours period of availability + 3 hour other work triggers a break requirement under the Regulations (30 minutes in this case). Another 1½ hours of driving = 4½ hours driving, requiring a 30 minute break under the European drivers’ hours rules. Again, this is because the second half of a split break taken under the European drivers’ hours rules (which always takes precedent) must be at least 30 minutes long. Daily break = 60 minutes. NB If all the conditions for a break are met, then a driver could take his mandatory break during the PoA.

3 hours

driving
2 hours

POA
3 hours

other work
½ hr

break
1 ½ hours

driving
½ hr

break
2 hrs

driving

  1. The examples below shows two mobile workers A and B both working for 9 hours which means that their working time must be interrupted by a break or breaks totalling 30 minutes. The first example complies with the break requirements under the Regulations, the second does not.

Mobile worker A

6 hours

other work
¼ hr

break
2 hours

other work
¼ hr

break
1 hour

other work
End of shift

6 hours consecutive other work triggers the break requirement under the Regulations. A break of at least 15 minutes must be taken. Mobile worker A then does another 2 hours other work, takes a break for 15 minutes and then completes another hour of other work before ending their shift. This complies with the Regulations as their working time is interrupted by breaks totalling 30 minutes.

Mobile worker B

6 hours other work ¼ hr break 3 hours other work ¼ hr break - this is not legal the second break cannot be taken at the end of the shift

6 hours consecutive other work triggers the break requirement under the Regulations. A break of at least 15 minutes must be taken. Mobile worker B then does another 3 hours other work before taking his second 15 minute break at the end of their shift. This does not comply with the Regulations as their working time has not been interrupted by breaks totalling 30 minute. It has only been interrupted by a break of 15 minutes.

If the mobile workers were to work longer than 9 hours than total breaks for the day would be 45 minutes.

Please note I am currently waiting for confermation as the rule states
A30 MIN BREAK IN OR AT 6hrs
YET 1 EXAMPLE SHOWS DIFF
I HAVE SPOKEN TO VOSA IN BRISTOL AND HE SAY’S 30mins AT 6hrs OR BEFORE CAN BE TAKEN IN 2 X 15min REST BREAKES.

4 hours other work + 2 hours driving triggers a break (30 minutes in this case) under the Regulations.

Not correct for the WTD - only triggers a 15 min break - that is where I went wrong :exclamation: :exclamation:

It’s all in the ‘wording’ of the regs - I thought the same as what you posted because I did not read them correctly as to the EXACT wording.

I HAVE SPOKEN TO VOSA IN BRISTOL AND HE SAY’S 30mins AT 6hrs OR BEFORE CAN BE TAKEN IN 2 X 15min REST BREAKES.

Might I suggest that VOSA at Bristol read the regs again more carefully or come onto this site for a ‘lesson’ by coffeeholic or tachograph :unamused: :wink: :smiley:
PS - tell them to wear bulletproof attire :laughing: :laughing: :laughing:

nick2008:
6 hours consecutive other work triggers the break requirement under the Regulations. A break of at least 15 minutes must be taken

So far so good :smiley:

nick2008:
Please note I am currently waiting for confermation as the rule states
A30 MIN BREAK IN OR AT 6hrs

Could you post a link to this rule please :wink:

nick2008:
I HAVE SPOKEN TO VOSA IN BRISTOL AND HE SAY’S 30mins AT 6hrs OR BEFORE CAN BE TAKEN IN 2 X 15min REST BREAKES.

The VOSA person you spoke to obviously needs to study the regulations then, either that or they misunderstood your question :wink:

Sorry if I’ve missed anything but to be honest I haven’t read all of that, this has been discussed many times here and it’s known that the break has to be at least 15 minutes and not at least 30 minutes

The quote in my previous post and quoted by ROG is from the DFT website and is the same as is written in “The Road Transport (Working Time) Regulations 2005” and the “DIRECTIVE 2002/15/EC OF THE EUROPEAN PARLIAMENT”

nick2008:

  1. ½ hour other work + 4½ hour driving triggers a 45 minute break under European drivers’ hours rules. Another 4½ hours driving triggers another 45 minute break under European drivers’ hours rules. 9½ hours of working under the Regulations would normally require 45 minutes break, but this has already been covered by the breaks taken under the European drivers’ hours rules. Total break time = 90 minutes.

There’s no need to have the second 45 minute break as no more driving will be done before the end of the shift and the 45 minutes required for the WTD has already been taken :wink:

nick2008:
2. 4 hours other work + 2 hours driving triggers a break (30 minutes in this case) under the Regulations. Another 3 hours work (9 hours in total) and another 15 minute break is needed under the Regulations. There is no requirement to take any breaks under the European drivers’ hours rules as total driving time has not reached 4 ½ hours. Total daily break time = 45 minutes

As ROG has pointed out the first break only needs to be 15 minutes, in fact if you had 30 minutes you could be shooting yourself in the foot because if your driving then reached 4.5 hours you would need another 30 minute break to comply with the drivers rules.
Also you only need a total of 30 minutes break unless you go over 9 hours :wink:

tachograph:
To comply with the WTD for mobile workers:
No one should work more than 6 consecutive hours without having a break of at least 15 minutes.

If you work more than 6 hours but no more than 9 hours you should have at least 30 minutes break in total.

If you work more than 9 hours you should have breaks totaling at least 45 minutes.

The breaks can be split into parts of no less than 15 minutes.

The daily break/breaks should interrupt the days duty time.

WTD breaks can count for the driver breaks and vise-versa as long as they comply with the regulations.

5.4 Breaks

The European drivers’ hours rules require that after 4½ hours driving, a driver must take a break of at least 45 minutes. This break may be replaced by a break of at least 15 minutes followed by a break of at least 30 minutes each distributed over the period.

The break requirements under the Regulations will affect workers who do a mixture of driving and non-driving work. The rules on breaks will also apply on days when the mobile worker is not travelling.

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,
  • breaks should be of at least 15 minutes duration.

In the interest of safety, and as a matter of good practice, it is strongly recommended that breaks should be distributed evenly throughout the day.

When taking a break, drivers may not perform anything that might be regarded as “other work” during this period. Breaks taken under these Regulations may be taken at the workstation.

where did you find this quote please ■■

onmyway:
where did you find this quote please ■■

Enjoy the reading :smiley:

Road Transport (Working Time) Guidance

Road Transport (Working Time) Guidance (Breaks)

tachograph:

onmyway:
where did you find this quote please ■■

Enjoy the reading :smiley:

Road Transport (Working Time) Guidance

Road Transport (Working Time) Guidance (Breaks)

That is cruel tachograph :smiley: .
You could have included a link to Rules on Drivers’ Hours and Tachographs - Goods vehicles in the UK and Europe from the D of T as well.
Annex 2 is a summary of the WT(RT)D, which includes your quote.

:laughing: :laughing: :laughing: