I had a 15 min break. My total hours was only 6hr 7min. I got an infringement saying I should of had 30 min break. I take it they are right but I’m tired and can’t think straight baby thoughts?
if you’re working between 6 and 9 hour you need a break totaling 30 mins. is that 6 hours 7 mins working or does that include the break?
If you had taken a 15 minute break before the 6 hour mark you could have stretched your WTD for another 6 hours from the end of your 15 minute break.
Driving hours not included in this calculation
Drift:
If you had taken a 15 minute break before the 6 hour mark you could have stretched your WTD for another 6 hours from the end of your 15 minute break.
Driving hours not included in this calculation
I’d say he probably did. His problem here is not having 30 minutes total breaks for his 6 hours 7 minutes total work.
It’s another quirk of the regs that, like you said, you can do 6 hours, have a 15 then do another 6 hours and have another 15 but you can’t do 6 hours, have a 15, do an hour then go home.
if you did 6hrs 7 min then your total shift should have been 6hrs 37 min
…
As said work more than 6 hours but not MORE than 9hrs breaks TOTALING 30mins need to be taken.
LASHHGV:
I had a 15 min break. My total hours was only 6hr 7min. I got an infringement saying I should of had 30 min break. I take it they are right but I’m tired and can’t think straight baby thoughts?
By saying your total hours were only 6 hours 7 minutes do you mean your total work hours, driving and other work, or was the total shift from start to finish 6 hours and 7 minutes?
If it’s the latter then with the 15 minute break you took you are legal, assuming you didn’t exceed 4.5 hour driving, because that means your total work would only be 5 hours 52 minutes so no break was required for the WTD.
If it was 6 hours and 7 minutes of actual work plus the 15 minute break then yes, you required 30 minutes in total.
Does POA stop the clock? If you start at 6am and have a hour on POA is your 6 hour up at 12 or 1pm ■■
Darb:
Does POA stop the clock? If you start at 6am and have a hour on POA is your 6 hour up at 12 or 1pm ■■
1pm
ROG:
Darb:
Does POA stop the clock? If you start at 6am and have a hour on POA is your 6 hour up at 12 or 1pm ■■1pm
As said 1pm but if you were legally able to book some of that hour as break ( ie 15 min) you would re-set the 6hrs. for wtd
and if the full hour you would re-set your wtd and driving time
You are right just get it right my total shift inc break was 6hr 22 min. Was tired last night.
ROG:
Darb:
Does POA stop the clock? If you start at 6am and have a hour on POA is your 6 hour up at 12 or 1pm ■■1pm
Cheers, I thought it was 1pm but I read something on here a couple of week ago and it made me doubt myself
LASHHGV:
You are right just get it right my total shift inc break was 6hr 22 min. Was tired last night.
Yep, should’ve had half an hour mate.
I got caught out one day this week. I spent 3.5 hours on a loading bay but forgot to put it on break. I managed to get to my next drop before my 6 hours and managed to squeeze a 15 in as it was a quick tip.
I was back at base 9.5 hours after I started and had only had a 15 minute break. I then had to take a 30 minute break, fuel up and go home. Paid by the hour and usually do plenty over time anyway so I didn’t care. Had I been salary paid I’d have taken the infringement.
LASHHGV:
You are right just get it right my total shift inc break was 6hr 22 min. Was tired last night.
Some rules can be daft because IF you had a 15 min break at 6 hours then the law requires you have another 15 min break after 6 mins leaving the minimum 1 minute before you knock off so you finish after a shift of 6.37 instead of 6.22
IF that was the case then its daft to make a TIRED person wait longer before they can go home
LAW and common sense do not always go together
ROG:
LASHHGV:
You are right just get it right my total shift inc break was 6hr 22 min. Was tired last night.Some rules can be daft because IF you had a 15 min break at 6 hours then the law requires you have another 15 min break after 6 mins leaving the minimum 1 minute before you knock off so you finish after a shift of 6.37 instead of 6.22
IF that was the case then its daft to make a TIRED person wait longer before they can go home
LAW and common sense do not always go together
Hi ROG
I am a bit confused with this one. If I work (all driving less than 4hr 30min.) 5hr 45min I can knock off without a break. If I work up to 6hrs I need a15min break. If I do 6hr 30mins I need another 15min before I can knock off, but at the same time I can also work to 12hrs before I need to take another 15min break. Is this what your saying ?
I don’t get a lot of infringements (maybe one a year if that). I have never had one for a WTD fault. I always thought after a 15min break it wiped the slate clean for another 6hrs.
Example. Work 4hrs have a 15min break. Work 3hrs knock off. =7hrs work. 15min break.
So this example would carry a infringement. Is this also what your saying ?
dan dare:
Hi ROG
I am a bit confused with this one. If I work (all driving less than 4hr 30min.) 5hr 45min I can knock off without a break. If I work up to 6hrs I need a15min break.
If I do 6hr 30mins I need another 15min before I can knock off, but at the same time I can also work to 12hrs before I need to take another 15min break. Is this what your saying ?
I don’t get a lot of infringements (maybe one a year if that). I have never had one for a WTD fault. I always thought after a 15min break it wiped the slate clean for another 6hrs.
Example. Work 4hrs have a 15min break. Work 3hrs knock off. =7hrs work. 15min break.
So this example would carry a infringement. Is this also what your saying ?
That example would carry an infringement because for work of between 6 and 9 hours you need a total of 30 minutes break.
In that example where a 15 minute break has been taken after 4 hours work the next WTD break would be due latest at 6 hours work from the end of that break or before the end of the shift, whichever comes first. In that example you would either have to take another 15 minutes after latest 2 hours 59 minutes work then do the last minute of work or take it after the 3 hours of work then work another minute.
A break cannot come right at the end of the shift, it has to interrupt the shift, so you would need at least 1 minute of other work after your last break.
dan dare:
I am a bit confused with this one. If I work (all driving less than 4hr 30min.) 5hr 45min I can knock off without a break. If I work up to 6hrs I need a15min break. If I do 6hr 30mins I need another 15min before I can knock off, but at the same time I can also work to 12hrs before I need to take another 15min break. Is this what your saying ?
I don’t get a lot of infringements (maybe one a year if that). I have never had one for a WTD fault. I always thought after a 15min break it wiped the slate clean for another 6hrs.
Example. Work 4hrs have a 15min break. Work 3hrs knock off. =7hrs work. 15min break.
So this example would carry a infringement. Is this also what your saying ?
This catches so many people out. The bit that people forget about is the total break requirement for their shift length.
Up to 6 hours = no break required
6-9 hours = 30 mins (huge source of confusion about how long the WTD break after 6 hours should be but that’s another story)
Over 9 hours = 45 mins
Of course, this seems at odds with being able to work 6 hours then have a 15 minute break before working another 6 hours. Even then you only need another 15 minute break. So you’ve worked 12 hours and only had 30 minutes of breaks. Worse thing is, even now, after your 15 minute break you can start working again but you can’t go home as working over 9 hours requires 45 mins total of breaks.
Doh
Terry T:
This catches so many people out. The bit that people forget about is the total break requirement for their shift length.
The other thing that catches people out is the fact the break requirements are nothing to do with shift length.
What matters is the amount of work done in the shift. You could, for example, do a shift of more than 9 hours and not have to record any break. I used to do just that in my last job before hanging up my keys. It was a double-manned night trunk with a trailer swap. Apart from a couple of occasions when it went wrong I never drove for 4.5 hours and with other work I never reached 6 hours of work. The shift was usually around 9’ hours but as my card was in slot 2 recording POA for half the shift I went months without actually recording any break.
The WTD is pretty simple really when it comes to breaks.
Have a break, minimum 15 minutes, before exceeding 6 hours of work (driving and other work -POA is neither work nor break)
Next break is due before exceeding another 6 hours work from the end of that break or before the end of the shift, whichever comes first.
If you do between 6 and 9 hours work in the shift make sure to have a total of 30 minutes break minimum.
If you do more than 9 hours work in the shift make sure to have a total of 45 minutes break minimum.
That’s it, 4 sentences covers everything you need to know and it’s not complicated at all.
What complicates it is people, and by people I mostly mean DCPC Trainers or RDC Lawyers, adding in stuff that isn’t in the regulations such as; “must have 30 minutes before 6 hours” or “must have a second break before 9 hours” and so on.
Coffeeholic:
Terry T:
This catches so many people out. The bit that people forget about is the total break requirement for their shift length.The other thing that catches people out is the fact the break requirements are nothing to do with shift length.
What matters is the amount of work done in the shift. You could, for example, do a shift of more than 9 hours and not have to record any break. I used to do just that in my last job before hanging up my keys. It was a double-manned night trunk with a trailer swap. Apart from a couple of occasions when it went wrong I never drove for 4.5 hours and with other work I never reached 6 hours of work. The shift was usually around 9’ hours but as my card was in slot 2 recording POA for half the shift I went months without actually recording any break.
You know what I meant
It’s already been stated millions of times that breaks and POA don’t count towards the amount of hours worked.
Coffeeholic:
The WTD is pretty simple really when it comes to breaks.Have a break, minimum 15 minutes, before exceeding 6 hours of work (driving and other work -POA is neither work nor break)
Next break is due before exceeding another 6 hours work from the end of that break or before the end of the shift, whichever comes first.
If you do between 6 and 9 hours work in the shift make sure to have a total of 30 minutes break minimum.
If you do more than 9 hours work in the shift make sure to have a total of 45 minutes break minimum.That’s it, 4 sentences covers everything you need to know and it’s not complicated at all.
What complicates it is people, and by people I mostly mean DCPC Trainers or RDC Lawyers, adding in stuff that isn’t in the regulations such as; “must have 30 minutes before 6 hours” or “must have a second break before 9 hours” and so on.
Put like that coffeeholic it makes perfect sense. I think ROG summed it up “The law and common sense don’t always go together”.