delboytwo:
yes it does if you work 6 without a brake you must take 30 mins before 9 hours
No, nowhere does it say that in the regulations.
delboytwo:
it is in the reg 30min must be taken between 6 and 9 hours of work
Again, no it isn’t. Please show me where it says that. Hint The bits you have quoted so far, but don’t appear to be actually reading, do not say that
delboytwo:
and if you work over nine hours you must take another 15 mins it does not say how long your job or shift is
Er, yes it clearly does say how long your working time must be for how much break you need. It says so in the bits you are quoting
delboytwo:
this is from gv262
**- Breaks:**
**— 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.**- Rest: the Regulations are the same as the EU or AETR drivers’ hours rules.
- Record keeping: records need to be kept for two years after the period in question.
Nowhere there does it say a break to bring the total up top 30 minutes must be taken between 6 and 9 hours if your working time will be more than 9 hours. You have highlighted a bit in red but seem to be ignoring the important and extremely relevant bit just before it. As I posted a earlier, but you don’t appear to have read.
]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,
You need to pay particular attention to the two words in red and realise that if your working time does not total between 6 and 9 hours then that part of the regulations does not apply, so you need to see what applies to working time of less than 6 or more than 9 hours.
delboytwo:
so going on this you must take a brake before 6 hours of work IE 15 min
Correct, no argument there
delboytwo:
and then take another brake before the 9 hour as passed in total 30 mins
Only if your working time will not exceed 9 hours for the shift.
delboytwo:
this is my way
a driver dos muti drop work and in is day he works 11 hours but he never does more than 4 hours driving so under EU driver regs he does not need a tacho brake but under the WTD he will have to show a brake of 45 mins
Correct, a break or two or three breaks totalling 45 minutes
delboytwo:
30 min within the frist nine hours of work and the other 15 mins brake after 9 hours
No, for a working time of 11 hours he only needs a break, minimum 15 minutes, before exceeding 6 hours and the remainder before the end of his shift. Once again nowhere in the regulations does it say a driver working more than 9 hours must show break or breaks totalling 30 minutes before the 9 hour mark. His only break requirements for the WTD are to have at least 15 minutes before exceeding 6 hours and to show 45 minutes in total for the shift.
delboytwo:
this is what i am trying to get across
But what you are trying to get across isn’t correct. Re-read Section 7 of the rules, paying particular attention to words such as “if” and “total”, and look at Section 7 (2) and 7 (3) as separate requirements applying to different amounts of working time and you should see where you are going wrong. You are reading the requirements for a shift where working time is between 6 and 9 hours, Section 7 (2) and applying them to a shift where working time is more than 9 hours. Section 7 (2) doesn’t apply to working time of more than 9 hours, Section 7 (3) comes into play past the 9 hour mark.
Look at it this way. You surely must agree you wouldn’t apply the requirements of Section 7 (3), 45 minutes break in total, to a shift with working time of between 6 and 9 hours, so why are you applying Section 7 (2) to a shift with more than 9 hours working time?