WTD 6hr rule

ASK THE EXPERTS SAFETY, LAW AND WORKING TIME DIRECTIVE FORUM (INTE
1

there is some confusion in my yard over the interpretation of the min 30mins break after 6hrs on duty.
if I start duty at 05:30, leave the yard at say 06:00.
by 11:15 I take 30 minutes break, then complete the other 15 mins (30 +15) before 9hrs on duty rule (or 4 1/2hrs driving, whichever comes 1st).
BUT after 11:45 I carry on working and work till 18:15, am I in breach of the 6hr rule by working 6hrs+ in the afternoon (sat at a RDC etc). even though I completed 30 mins minimum in 6hrs earlier in the day,. or should I took an extra 30 minutes.
My interpretation is once the 1st 30mins is complete I carry on regardless till the 9hrs duty rule or 4 1/2hrs driving, whichever comes 1st,

or does the 6hr clock reset to zero after the 1st 30min rest is completed?

2

You need to have a 30 min break after 6 hours work and then a 15 after 9 hours , thats the way i read it anyway.

3

jammymutt:
You need to have a 30 min break after 6 hours work and then a 15 after 9 hours , thats the way i read it anyway.

thats how I read it too… :slight_smile:
but I got pull by the office for an infringement, I took the break as stated above @ 11:15, had the other 15 mins in compliance with drivers hours/9hrs etc.
but Id been on duty for 6hrs 15 mins **after** completing the break @ 11:45 and the Tacho scanner in the office picked this up :confused: and Im still aurguing the case against the infringement.Grrrrrrrrrrrrrrrr :imp:

4

It seems the answer lies in the Regulations.

Breaks
7.
(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…
(5) An employer shall take all reasonable steps, in keeping with the need to protect the health and safety of the mobile worker, to ensure that the limits specified above are complied with in the case of each mobile worker employed by him.

Therefore once 30 minutes has been taken, the clock is re-set.

5

so if i end up doing a 15hr, and most of that is sat at a safeway RDC. Ill end up driving 1 -2 hrs there, end up having 2 x 30min breaks, the driving 1 -2hrs back :open_mouth: Id best get the alarm clock set for 6 hr repeates :unamused: :unamused: