WTD breaks

Coffeeholic:

Terry T:
So the 49 minutes of POA counts as break in the eyes of the DVSA ?

No, because he wasn’t multi-manned and his card wasn’t in slot 2.

Which leads to my nest question. Why does the digi unit reset the driving time. If this bloody box of tricks is supposed to monitor our every move how come it pulls stunts like this ?

Terry T:

Coffeeholic:

Terry T:
So the 49 minutes of POA counts as break in the eyes of the DVSA ?

No, because he wasn’t multi-manned and his card wasn’t in slot 2.

Which leads to my nest question. Why does the digi unit reset the driving time. If this bloody box of tricks is supposed to monitor our every move how come it pulls stunts like this ?

Because when the legislation covering digi tachos came in to force, so the units could start to be manufactured, it hadn’t been decided how POA would be recognised. Subsequently it was decided POA would not count as break but by then the digi tacho legislation was in place so that’s why this happens, along with the 3x15 minutes resetting the timer. The 15 and 30 minute option for break came in after the legislation came in.

Oh right. Before my time. Thanks.

As long as you have a break of 24 hours between the end of the previous shift and the start of the next shift you are allowed to start reducing another daily rest - does not it work in such way? As I am aware - 24 or 45 and you can go ahead with over 13 hours shifts. It seems that Globofleet is not the greatest software to analyse.

Wilk:
As long as you have a break of 24 hours between the end of the previous shift and the start of the next shift you are allowed to start reducing another daily rest - does not it work in such way? As I am aware - 24 or 45 and you can go ahead with over 13 hours shifts***. It seems that Globofleet is not the greatest software to analyse.

Yes, 24+ hours between shifts will be a weekly rest oeriod and once you gave completed a weekly rest you gave 3 reduced daily rests available again before your next weekly rest.

You could start on a Monday after a weekly rest, reduce rest on Monday, Tuesday and Wednesday then take a rest of at least 24 hours which would allow you to reduce on Friday, Saturday and Sunday for example.

***You need to stop thinking in terms of over 13 hour shifts, you are just going to get confused and collect infringements. Think in terms of reduced daily rest periods, which is what the regulations allow. No mention of shift length in the regulations.

You could resume work after a weekly rest and do, for example, 3x11-12 hour shifts with 9 or 10 hours daily rest after each one and you would not be able to go over 13 hours until after your next weekly rest even though you haven’t done more than 13 hours since your last weekly rest.

I think a lot of drivers think in terms of a regular start times and having weekly rests over the weekend when considering the regs

Been looking for more on this topic all day. Starting to think I’m going nuts. I was pulled in yesterday for an infringement on Tuesday. Told I had only taken a 15 minute break on an eight and a half hour shift. Was expecting it but I’d pulled my card before I finished and put in a manual entry for my other break, 30 mins, so was good. Was then told I was infringing by only taking 15 mins in my first 6 hours when it should have been 30. I told them I always took 15 in my first 6 hours and 30 in hours 6-9. They looked back to last weeks records and were dumbfounded to see it was like I had said but no infringement was showing. They were adamant that I was in the wrong and must take 30 minutes in my first 6 hours as I was multi drop and the 15 min break only counted towards driving time and not other work so must take 30 to comply with WTD and then take 15 in my hours 6-9. I already got in touch with a Tacho analyst/WTD guy I sorta know who confirmed that I was right and no infringement had been made. Thing is the guys in that transport office who are telling me this are Managers. I’m hoping I’m right in all this and haven’t misunderstood something along the way and have been infringing all along.

Can you guys clarify this for me?

Wasn’t sure whether to post this here or on a post bout the 6 hour rule.

EddieMD:
Been looking for more on this topic all day. Starting to think I’m going nuts. I was pulled in yesterday for an infringement on Tuesday. Told I had only taken a 15 minute break on an eight and a half hour shift. Was expecting it but I’d pulled my card before I finished and put in a manual entry for my other break, 30 mins, so was good. Was then told I was infringing by only taking 15 mins in my first 6 hours when it should have been 30. I told them I always took 15 in my first 6 hours and 30 in hours 6-9. They looked back to last weeks records and were dumbfounded to see it was like I had said but no infringement was showing. They were adamant that I was in the wrong and must take 30 minutes in my first 6 hours as I was multi drop and the 15 min break only counted towards driving time and not other work so must take 30 to comply with WTD and then take 15 in my hours 6-9. I already got in touch with a Tacho analyst/WTD guy I sorta know who confirmed that I was right and no infringement had been made. Thing is the guys in that transport office who are telling me this are Managers. I’m hoping I’m right in all this and haven’t misunderstood something along the way and have been infringing all along.

Can you guys clarify this for me?

Wasn’t sure whether to post this here or on a post bout the 6 hour rule.

You only need a minimum of 15 minutes before exceeding 6 hours work for the WTD, it’s not 30 minutes and gas never been 30 minutes.

There is no requirement to take any more break for the WTD between hours 6 and 9, unless your shift will end during that time.

If you took a 15 minute break during or at the end of the first 6 hours of work then the next WTD break would be required before exceeding 6 hours work from the end of that break or before the end of your shift, whichever comes first. That could be after 12 hours of work

So what I’m doing just now is legal and not an infringement?

EddieMD:
So what I’m doing just now is legal and not an infringement?

Yep,based on the info you gave given you are doing it legally and should not be getting an infringement.

EddieMD:
Been looking for more on this topic all day. Starting to think I’m going nuts. I was pulled in yesterday for an infringement on Tuesday. Told I had only taken a 15 minute break on an eight and a half hour shift. Was expecting it but I’d pulled my card before I finished and put in a manual entry for my other break, 30 mins, so was good. Was then told I was infringing by only taking 15 mins in my first 6 hours when it should have been 30. I told them I always took 15 in my first 6 hours and 30 in hours 6-9. They looked back to last weeks records and were dumbfounded to see it was like I had said but no infringement was showing. They were adamant that I was in the wrong and must take 30 minutes in my first 6 hours as I was multi drop and the 15 min break only counted towards driving time and not other work so must take 30 to comply with WTD and then take 15 in my hours 6-9. I already got in touch with a Tacho analyst/WTD guy I sorta know who confirmed that I was right and no infringement had been made. Thing is the guys in that transport office who are telling me this are Managers. I’m hoping I’m right in all this and haven’t misunderstood something along the way and have been infringing all along.

Can you guys clarify this for me?

Wasn’t sure whether to post this here or on a post bout the 6 hour rule.

I know this feeling well, some times I find I just can’t see the wood for the trees and one occasion was with this very rule. On wet weekends like this I some times, like today spend time looking at the regs to keep up to date ( I have a memory like a sieve and soon forget things), Got to thank the patience Of Coffee, Rog, Diesel Dave and a couple of others for the time they spend putting the likes of me right.
The lack of a proper rest period in the last shift of the week is one I have fallen foul of before and couldn’t get my head around.

EddieMD:
must take 30 to comply with WTD and then take 15 in my hours 6-9.

This is another myth they’re forcing on you. I know coz we have it forced on us too. We’re required to have 30 at 6 hours and 45 by 9 hours (doh). You only need worry about hours 6-9 if you’re finishing your shift during that period.

Say you had your 15 at 6 hours and wanted to do another 2 hours work. You’ve worked over 6 hours but less than 9 hours so need breaks totalling 30 minutes. You’ve already had 15 so would need another 15 before finishing.

However, if you’re on a 15hr shift for example there is nothing stopping you doing another 6 hours until you have another break.

If you think it’s daft being forced to have a break before going home after another 2 hours but you can work for another 6 hours straight then you’d be right :smiley:

As I remember a piece of information on the web that we are required to have min. 45 hrs weekly rest each fixed week (00:00 Monday - 23:59 Sunday), however we can reduce it to 24 hrs. Does it mean that I can have a break of 24 hrs in first fixed week and then breaks of 24 and 45 divided by one working day in next fixed week?

Wilk:
As I remember a piece of information on the web that we are required to have min. 45 hrs weekly rest each fixed week (00:00 Monday - 23:59 Sunday), however we can reduce it to 24 hrs. Does it mean that I can have a break of 24 hrs in first fixed week and then breaks of 24 and 45 divided by one working day in next fixed week?

There is no reg that states you must have 45 hours weekly rest WITHIN (inside) a fixed week (00:00 Monday - 23:59 Sunday)

There is a reg which states you must have a 45 weekly rest IN (at least 1 minute in) every other fixed week

So if I do this way:

week one - Tuesday off - 24 hours weekly rest
week two - Monday, Tuesday off - less than 45 hours rest, then Wednesday working and Thursday, Friday off - as 45 hours weekly rest.

Will it work out or we are not allowed to have two reduced weekly rests one by one?

Wilk:
So if I do this way:

week one - Tuesday off - 24 hours weekly rest
week two - Monday, Tuesday off - less than 45 hours rest, then Wednesday working and Thursday, Friday off - as 45 hours weekly rest.

Will it work out or we are not allowed to have two reduced weekly rests one by one?

That is perfectly legal and in that scenario you have one reduced weekly rest which is not used as a weekly rest for any week - tue is the reduced for week 1 and thu/fri is regular for week 2 with the tue off in week 2 as an extra weekly rest

A driver could do this
mon work
tue off = reduced weekly rest
wed work
thu off = reduced weekly rest
fri work
sat off = reduced weekly rest
sun work
mon off = reduced weekly rest
tue work
wed off = reduced weekly rest
thu work
fri + sat off = regular weekly rest
sun work

Did I miss any compensation for short weekly rest so far as Tachomaster indicated on Monday, 27th July?

fixed week no.1
22 - 28 June - 37 hrs - I paid back 8 hours on 25th adding to 11 hours rest - 19 hrs 15 mins in total
fixed week no.2
29 June - 5 July - 48 hrs
fixed week no.3
6 - 12 July - 49 hrs 30 mins
fixed week no.4
13 - 19 July - 27 hrs 30 mins
fixed week no.5
20 - 26 July - 44 hrs 15 mins and 62 hours
fixed week no.6
27 July - 2 August - 45 hrs (here indicating ‘Compensation for short weekly rest missed’)

Wilk:
Did I miss any compensation for short weekly rest so far as Tachomaster indicated on Monday, 27th July?

fixed week no.1
22 - 28 June - 37 hrs - I paid back 8 hours on 25th adding to 11 hours rest - 19 hrs 15 mins in total
fixed week no.2
29 June - 5 July - 48 hrs
fixed week no.3
6 - 12 July - 49 hrs 30 mins
fixed week no.4
13 - 19 July - 27 hrs 30 mins
fixed week no.5
20 - 26 July - 44 hrs 15 mins and 62 hours
fixed week no.6
27 July - 2 August - 45 hrs (here indicating ‘Compensation for short weekly rest missed’)

How do tachomaster reckon on that as from what I can see the extra 44 off paid back the 27 shortfall of 18

I have no idea. I use that sh**ty software called Globofleet and I am switching to different one. It means the software is not always right.

fixed week no.1
22 - 28 June - 37 hrs - I paid back 8 hours on 25th adding to 11 hours rest - 19 hrs 15 mins in total

I assume you paid back the 8 AFTER you did the reduced 37 ?