Our depot boss is saying if you book any break that does not reduce you WTD hours,only poa does
Ex
15 hr shift
1 hr poa
1 hr 45 break
He says my work time for that day is 14 hrs
Ex
15 hr shift
3 hr break
He says my work time for that day is 15 hrs
I said I recon he’s wrong and break does reduce your WTD hours,he said you don’t know what your on about,only poa reduces your working time ,who’s right 
ta
Any time recorded as break or PoA during the working shift does NOT count towards RTWTD limits. Although we are of course limited to maximum shifts/minimum daily rest periods for EU 561/2006 Drivers’ Hours Regs.
So maximum 15 hours shift consisting driving, other work, breaks & PoA - in other words clocking on until clocking off(or spreadover).
If 5 hours of that shift was PoA and 1 hour was break, then for RTWTD purposes, only 9 hours counts towards your weekly maximum (60 hours) and consequently towards your 48 hour average over 17 - 26 weeks.
Therefore you are correct - your boss is wrong!!!
See this link page 46 (VOSA guide)
gov.uk/government/uploads/s … europe.pdf
The reference period for calculating the 48-hour week is normally 17 weeks, but it can be extended
to 26 weeks if this is permitted under a collective or workforce agreement.
There is no ‘opt-out’ for individuals wishing to work longer than an average 48-hour week, but breaks and ‘periods of availability’ do not count as working time.
Boss is WRONG
Only driving time and other work count for RTD
In this case use logic - if a driver is on break is he working?
the only rest to count as work is you days off on holiday
hitch:
the only rest to count as work is you days off on holiday
And then only the first 4 weeks
Some companies do not recognise POA, they don’t want their staff zombie like by working 70 odd hour weeks.
Just because a driver books POA doesn’t mean a company has to accept it, they’re paying so call the shots.