Muffy1982:
Ok ive learned something new BUT the tacho rules state that my second break is to be longer then my first as in a 15 min then a 30min(this clears driving time) so if a vosa officer pulls me and sees i’ve had 3 15 min breaks to satisfy WTD am i still legal?
Yes providing that a 30 minute driving time break is not needed
Terry T:
harrawaffa:
ROG:
harrawaffa:
So what about the 30 minutes for working between 6 and 9 hours?No such rule exists
gov.uk/government/uploads/s … -rules.pdf
Government must be lying then.
Page 3 right hand column.Well lets break down what they’re saying shall we.
Cannot work for more than 6 hours without a break. He hasn’t.
A break should be at least 15 minutes long They were.
30 minute break if working between 6 and 9 hours IN TOTAL His total was 12 hours.
45 minute break if working more than 9 hours in total 12 hours total work with 45 mins total break = Job done.
So the rule does exist. Thanks. ROG obviously thinks his opinion is better than fact.
harrawaffa:
So the rule does exist. Thanks. ROG obviously thinks his opinion is better than fact.
The rule does not exist where over 9 hours of work has been done as in the original post which we are all referring to
The rule does exist for a 6 to 9 hour work shift but we are not referring to that
harrawaffa:
So the rule does exist. Thanks. ROG obviously thinks his opinion is better than fact.
The rule you are referring to absolutely does not exist.
You only need to have completed 30 minutes of breaks before 9 hours of work if your total working time is between 6 and 9 hours.
In this case his working time was longer than 9 hours so given his scenario he has 3 rules to follow.
1 - He must not work longer than 6 hours without a break. Which he didn’t.
2 - He must take breaks totalling 45 minutes. Which he did.
3 - Breaks must be a minimum of 15 minutes. Which they were.
Like I said, to many of us this is black and white, plain as day. But to many it’s misinterpreted to such an extent that it requires rewriting.
Muffy1982:
Ok ive learned something new BUT the tacho rules state that my second break is to be longer then my first as in a 15 min then a 30min(this clears driving time) so if a vosa officer pulls me and sees i’ve had 3 15 min breaks to satisfy WTD am i still legal?
For WTD, you can legally have 3 x 15 min breaks if you require a total of 45 mins over your shift. However, this would only be legal if you drove a vehicle in scope of tachograph regulations for no more than 4.5 hours total within that shift.
For driving regulations, if you accumulate 4.5 hours driving and you wish to continue driving, you can split your break, the first can be at least 15 mins, and the second must be at least 30 mins. In this case, 3 x 15 mins, though satisfying WTD regualtions, would not satisfy driving regulations.
In other words, if you do a 12 hour shift with 3 hours total driving, 3 x 15 is legal.
If you do a 12 hour shift with 7 hours driving, then 3 x 15 is not legal. You’d need 1 x 15, and 1 x 30 (in that order).
Well cheers for that people! Opened my eyes anyway. 
Terry T:
The rule you are referring to absolutely does not exist.You only need to have completed 30 minutes of breaks before 9 hours of work if your total working time is between 6 and 9 hours.
Contradiction here is strong.
harrawaffa:
Terry T:
The rule you are referring to absolutely does not exist.You only need to have completed 30 minutes of breaks before 9 hours of work if your total working time is between 6 and 9 hours.
Contradiction here is strong.
There is no contradiction. You are choosing to ignore what is being quite clearly explained to you by numerous people.
ROG:
rookie07:
Will I receive an Infringement if the following has occurred please?6hrs work - 15mins break - 4hrs work - 15mins break - 1hr work - 15mins break - 1hr work.
Thanks
Sent from my SM-G955F using Tapatalk
LEGAL 100%
A total of 45 mins has been taken for a shift with over 9 hours of work and at no point have you exceeded 6 hours work without a break
The other replies so far are incorrect
For drivers, doesn’t the second break to make up a 45m HAVE to be at least 30 mins, so you can have 15+30 or 45 in one go - but NOT 30+15 or 15+15+15 when driving over 4.5 hours in that shift.
If you’re on indoor work all day though, you are free to take 15+15+15?
Jeez… Roll on Brexit.
surely in a 12 hr shift you want at least a 30 min break for a sit down , coffee , general relax , I don’t hang about but stuff 15 mins here / there , it might be legal but it’s not a break
Winseer:
For drivers, doesn’t the second break to make up a 45m HAVE to be at least 30 mins, so you can have 15+30 or 45 in one go - but NOT 30+15 or 15+15+15 when driving over 4.5 hours in that shift.
If you’re on indoor work all day though, you are free to take 15+15+15?
You got it
If not driving all day then no breaks are legally needed
ROG:
Winseer:
For drivers, doesn’t the second break to make up a 45m HAVE to be at least 30 mins, so you can have 15+30 or 45 in one go - but NOT 30+15 or 15+15+15 when driving over 4.5 hours in that shift.
If you’re on indoor work all day though, you are free to take 15+15+15?You got it
If not driving all day then no breaks are legally needed
Er yes rog if your working you still need breaks just not driving breaks
nick2008:
ROG:
Winseer:
For drivers, doesn’t the second break to make up a 45m HAVE to be at least 30 mins, so you can have 15+30 or 45 in one go - but NOT 30+15 or 15+15+15 when driving over 4.5 hours in that shift.
If you’re on indoor work all day though, you are free to take 15+15+15?You got it
If not driving all day then no breaks are legally needed
Er yes rog if your working you still need breaks just not driving breaks
If not driving all shift then the drivers WTD does not apply but the normal WTD does which does not require legal breaks and can be opted out of entirely
Bit silly to work a long shift in any place without taking breaks though
ROG:
nick2008:
ROG:
Winseer:
For drivers, doesn’t the second break to make up a 45m HAVE to be at least 30 mins, so you can have 15+30 or 45 in one go - but NOT 30+15 or 15+15+15 when driving over 4.5 hours in that shift.
If you’re on indoor work all day though, you are free to take 15+15+15?You got it
If not driving all day then no breaks are legally needed
Er yes rog if your working you still need breaks just not driving breaks
If not driving all shift then the drivers WTD does not apply but the normal WTD does which does not require legal breaks and can be opted out of entirely
Bit silly to work a long shift in any place without taking breaks though
No rog
gov.uk/rest-breaks-work
Rest breaks at work
Workers have the right to one uninterrupted 20 minute rest break during their working day, if they work more than 6 hours a day. This could be a tea or lunch break.
The break doesn’t have to be paid - it depends on their employment contract.
ROG:
Sent from my SM-G955F using Tapatalk
LEGAL 100%A total of 45 mins has been taken for a shift with over 9 hours of work and at no point have you exceeded 6 hours work without a break
The other replies so far are incorrect
This. All it says is that you have to have had 45 minutes if you exceed 9hrs BY THE END OF THE SHIFT. It doesn’t state where in that shift you must take them other than not exceeding 6hrs without a 15 minute break.
harrawaffa:
Government must be lying then.
Page 3 right hand column.
Only applies if your shift ends between 6hrs 01 minutes and 9hrs.
nick2008:
No rog
gov.uk/rest-breaks-workRest breaks at work
Workers have the right to one uninterrupted 20 minute rest break during their working day, if they work more than 6 hours a day. This could be a tea or lunch break.The break doesn’t have to be paid - it depends on their employment contract.
Congratulations, you’ve just quoted the EU Working Time Directive. Problem is truck drivers don’t work under that. We work under the Working Time Directive (Mobile Workers) EU rules which were written into UK employment law as the Road Transport (Working Time) Regulations and that has different rules for rest breaks and weekly limits than the EU Working Time Directive.
Conor:
nick2008:
No rog
gov.uk/rest-breaks-workRest breaks at work
Workers have the right to one uninterrupted 20 minute rest break during their working day, if they work more than 6 hours a day. This could be a tea or lunch break.The break doesn’t have to be paid - it depends on their employment contract.
Congratulations, you’ve just quoted the EU Working Time Directive. Problem is truck drivers don’t work under that. We work under the Working Time Directive (Mobile Workers) EU rules which were written into UK employment law as the Road Transport (Working Time) Regulations and that has different rules for rest breaks and weekly limits than the EU Working Time Directive.
I know .
Now go to the full reply to Rog and read what he said then read the reply
Roy said if not driving then no breaks required, I read his reply as if working in the office or w/house , where infact ALL workers regardless of occupation are entitled to breaks when working more than 6 hours
ROG:
If not driving all shift then the drivers WTD does not apply
Would you not be in scope of tachograph and WTD regs though? Assuming you’ve driven, or will be driving within a specified time from the non-driving shift?
Example,
Mon - Thur: 12 hour shift - 7 hours driving HGV
Fri - 12 hour shift - 0 hours driving HGV
Would Friday not come under tachograph and WTD regs when considered against the prior shifts worked that week? You’d have to do a manual entry for Friday, so would you not have to show 45 mins of breaks?