Dazmo:
Can somebody please help me, I,ve only recently returned back to trucking and the guy at the depot has stated that i got to have a 30 Minute break after 6 hours and this has to be increased upto 45 minutes if im working 9 hours. However most runs are double manned working upto the 21 hour maximum and i’ve just been told by one guy that we should take 30 minute breaks every 6 hours. Can anybody please give me a simplified explanation for peace of mind.
Cheers Dazmo
This is how they are written in the rules …
(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…
1+4 go together
2+3 are a choice of either but not both
Many confuse 1 with 2 because both mention 6 hours
Working time means the total of driving time and other work time not shift or duty time - that is often another error made by many
The RTD breaks were designed to be used together with the driving time breaks in EU 561/2006 in which the 45 break can be split into 15 + 30 so it makes sense that the first break for RTD can be 15 mins and not 30
does that help?
don’t forget as well when double manned the first 45 mins of poa counts as a break, so depending on how you are sharing the driving you should be covered easily for all your RTD and drivers breaks requirements
There is no confusion, the law requires a break of at-least 15 minutes before exceeding 6 hours working time, just as I said in my post and just as you’ve agreed in your post.
show me where its law that it as to be 15 minutes at 6 hours ■■? its say 30 minutes between 6 hours and 9 hours work
before six hours = 15 mins OVER SIX AND BETWEEN nine another 15 mins = thirty mins for RT ( WT ) R and over nine UPTO 12 hours another 15 mins = forty five mins! its that simple honest! But as you would of drive UPTO four and a half hours driving and had your forty five minute break YOU ARE COVERED ANYWAY! too many companies make they’re own BULLSTEIN up simple as!
There is no confusion, the law requires a break of at-least 15 minutes before exceeding 6 hours working time, just as I said in my post and just as you’ve agreed in your post.
show me where its law that it as to be 15 minutes at 6 hours ■■? its say 30 minutes between 6 hours and 9 hours work
before six hours = 15 mins OVER SIX AND BETWEEN nine another 15 mins = thirty mins for RT ( WT ) R and over nine UPTO 12 hours another 15 mins = forty five mins! its that simple honest! But as you would of drive UPTO four and a half hours driving and had your forty five minute break YOU ARE COVERED ANYWAY! too many companies make they’re own BULLSTEIN up simple as!
I must admit i do not quite get the “up to 12hrs”. Is there anything in wtd saying about 12hrs? I thought that if you work over 12hours you dont need to take another 15mins break, unless its been more than 6 hours from your last break? Example
i start work at 14.30, have mine 15 mins at 17.30, then my 30 mins break at 21.15. So if I was to work for over 12hrs, when is my next 15 mins due? After 2.30 (12hrs shift) or 3.45 (total 6 hours since my last break)? Just cant get my head round it
There is no confusion, the law requires a break of at-least 15 minutes before exceeding 6 hours working time, just as I said in my post and just as you’ve agreed in your post.
show me where its law that it as to be 15 minutes at 6 hours ■■? its say 30 minutes between 6 hours and 9 hours work
before six hours = 15 mins OVER SIX AND BETWEEN nine another 15 mins = thirty mins for RT ( WT ) R and over nine UPTO 12 hours another 15 mins = forty five mins! its that simple honest! But as you would of drive UPTO four and a half hours driving and had your forty five minute break YOU ARE COVERED ANYWAY! too many companies make they’re own BULLSTEIN up simple as!
I must admit i do not quite get the “up to 12hrs”. Is there anything in wtd saying about 12hrs?
No there’s nothing in the regulations about 12 hours.
raff113:
I thought that if you work over 12hours you dont need to take another 15mins break, unless its been more than 6 hours from your last break? Example
i start work at 14.30, have mine 15 mins at 17.30, then my 30 mins break at 21.15. So if I was to work for over 12hrs, when is my next 15 mins due? After 2.30 (12hrs shift) or 3.45 (total 6 hours since my last break)? Just cant get my head round it
You need to have a 15 minute break no later than 6 hours from the end of the last break or rest period.
The rules for the working time breaks are:
Up-to 6 hours working time.
No break is legally required.
If the shift is more than 6 hours working time but not more than 9 hours working time.
A total break/breaks of 30 minutes is required, this can be taken in 2 parts of 15 minutes each and at-least 15 minutes of the 30 minute break should be taken before going over 6 hours working time.
Or (You are legally required to comply with either the rule above↑, or the rule bellow↓, but not both)
If the shift is more than 9 hours working time.
Total break/breaks should be at-least 45 minutes and at no point in the shift should you do more than 6 hours working time before having a break of at-least 15 minutes.
So for the 6 hour rule a 15 minute break should be taken
No later than 6 hours working time from the start of the shift
And*
No later than 6 hours working time since the end of the last break.
[/*:m][/list:u]
Breaks for the working time regulations (RT(WT)R 2005) can be split into separate breaks of at-least 15 minutes each and cannot be taken at the immediate start or end of the shift.
Driving breaks count as breaks for the RT(WT)R and where appropriate breaks for the RT(WT)R count as driving breaks.
assuming i dont go over my driving time is it legal to do 5 hours work. 45 minute break. 3 hrs work. 15 min break. 4 hrs work then end shift?
or 4 hrs work. 15 min break. 3 hrs work. 45 minute break. 4 hrs work then end shift?
petewba:
assuming i dont go over my driving time is it legal to do 5 hours work. 45 minute break. 3 hrs work. 15 min break. 4 hrs work then end shift?
or 4 hrs work. 15 min break. 3 hrs work. 45 minute break. 4 hrs work then end shift?
petewba:
assuming i dont go over my driving time is it legal to do 5 hours work. 45 minute break. 3 hrs work. 15 min break. 4 hrs work then end shift?
or 4 hrs work. 15 min break. 3 hrs work. 45 minute break. 4 hrs work then end shift?
Yep, both legal. You are having more break than the minimum required for a shift with over 9 hours work and you aren’t at any point exceeding 6 hours work without a break so it’s all good.
does POA come into it at all. for example. 3 hours 15 mins driving. 3 hours POA. 1 hour work. 15 min break. 1 hour driving. 30 minute break. would i break the 6 hour rule there.
petewba:
does POA come into it at all. for example. 3 hours 15 mins driving. 3 hours POA. 1 hour work. 15 min break. 1 hour driving. 30 minute break. would i break the 6 hour rule there.
POA doesn’t count as work for the WTD, only driving and other work do.
In the example you’ve goven if that was the entire shift then no breaks would be required at all for either the WTD or the driver’s hoyrs regulations.
Timothy:
Am i right in thinking two periods of POA will delay the 6 hour rule by the total amount of time on POA?
Yes - during any POA the Working Time clock is paused (but not reset). So if two (or more) periods of POA are recorded totalling say, 2 hours, the Working Time clock will be paused for 2 hours.
pavaroti:
My work says I committed a tacho offence last week because I went almost 7hrs without a half hr break even though I had a 15mins break 2hrs after my start time. What can I say to them to prove there is no offense committed?
Do a print out and show them the 15 min break then show them the law on RTD breaks
(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…
Rules (1) & (4) refer to the breaks for the 6 hour working time
Rules (2) OR (4) refer to the total of breaks required in a shift for working time
Thanx.
Just got an Infringement for the same Reason
Bit of advice needed please.
I keep getting infringements for breaking the 6 hour rule.
Does the 6 hours rule start from the beginning of my shift (9.30) or the end of my 45 min break (13.00) I take another break around 17.00 for at least 30 mins.If the afternoon is quiet I take more breaks. (I do multi drop parcel delivery in a 7.5t)…,any help will be grateful.
Peaky Blinder:
Bit of advice needed please.
I keep getting infringements for breaking the 6 hour rule.
Does the 6 hours rule start from the beginning of my shift (9.30) or the end of my 45 min break (13.00) I take another break around 17.00 for at least 30 mins.If the afternoon is quiet I take more breaks. (I do multi drop parcel delivery in a 7.5t)…,any help will be grateful.
The 6 hour rule says you should not work more than 6 hours without a break at any time in the shift.
So you should not work more than 6 hours from the start of the shift or the end of the previous break without another break of at-least 15 minutes.
If you start at 09:30 then have a break at 12:15 which ends at 13:00 that’s no problem because you haven’t worked more than 6 hours without a break.
If you end your break at 13:00 then work to 17:00 before having another break of at-least 15 minutes again that’s no problem because you haven’t worked more than 6 hours without a break.
I assume you don’t work over 6 hours after the break at 17:00, so if that’s your usual shift pattern you should not be getting infringements for the 6 hour rule.
I know this is probably a daft question but it’s the only thing I can think of that could be going wrong, do you always remember to record all of your breaks on your tachograph ?
I always thought i had to take 30min before 6 hours.
OVER SIX AND BETWEEN nine another 15 mins = thirty mins for RT ( WT ) R 
its that simple honest! But as you would of drive UPTO four and a half hours driving and had your forty five minute break YOU ARE COVERED ANYWAY! 
too many companies make they’re own BULLSTEIN up simple as! 
