Here’s something that has always puzzled me, although I am sure it must just be that I am mis-interpreting the Law.
Scenario 1.
Drive 1 hour, break 15 minutes, drive 3 hours, break 30 minutes, drive 4 hours. This is legal.
Scenario 2.
Drive 1 hour, break 45 minutes, drive 3 hours, break 30 minutes, drive 4 hours. This is illegal, even though you have had more break than in Scenario 1 and done the same amount of driving.
Have I got this right?
Harry Monk:
Here’s something that has always puzzled me, although I am sure it must just be that I am mis-interpreting the Law.Scenario 1.
Drive 1 hour, break 15 minutes, drive 3 hours, break 30 minutes, drive 4 hours. This is legal.
Scenario 2.
Drive 1 hour, break 45 minutes, drive 3 hours, break 30 minutes, drive 4 hours. This is illegal, even though you have had more break than in Scenario 1 and done the same amount of driving.
Have I got this right?
You have got it right and it is daft.
You might not get prosecuted for the second one because VOSA would have to explain to the magistrate that you had insufficient break, I imagine it might go something like this.
Magistrate - What is the offence.
VOSA - He had insufficient break Ma’am.
Magistrate - How much break should he have had?
VOSA - 45 minutes Ma’am.
Magistrate - How much did he have.
VOSA - 75 minutes Ma’am.
Magistrate - WTF? 
VOSA - 
why is it considered illegal 
Harry Monk:
Scenario 2.Drive 1 hour, break 45 minutes, drive 3 hours, break 30 minutes, drive 4 hours.
sea frog:
why is it considered illegal
Because in scenario 2 the driver has driven for 7 hours with only a 30 minute break, this was done since the last 45 minute break.
sea frog:
why is it considered illegal
Because your first 45 minutes is counted as a complete break and wipes the slate clean. Stupid but true.
If the first break was only 44 minutes it would be legal in scenario 2
I know it seems stupid, but it’s easier to calculate the the “rolling four and a half hours” that it was some years ago. That could be a pain in the balls to keep track of…
Neil, let me give an alternative to your scenario;
Magistrates; Mr Prosecutor would you please explain why you believe the driver has broken the law.
Prosecutor; Your Worships, following the decision of the European Court of Appeal in the case of heard in ■■■, it was decided by that that Court that once a break of 45 minutes had been taken it should ‘wipe the slate clean’ of previous driving and the 4.5 hours calculation should begin afresh. Following on from this ruling the driver in question has driven for a period of 7 hours whilst taking a break of only 30 minutes some 15 minute or 33 per cent short of that required.
Magistrates; Mr Prosecutor, thank-you very much for your clear response, I must admit that I dropped my knitting during your answer and have now completely lost the plot. However, The defendant is clearly a rogue of the first order and will be dealt with accordingly.
Clark of the Court, pass me that black cloth I shall be needing that…Mr driver, you are a Scallywag and a truly terrible person, you will be taken from here to a place…
In fact, had this argument not long ago, defence lost.
geebee45:
Neil, let me give an alternative to your scenario;Magistrates; Mr Prosecutor would you please explain why you believe the driver has broken the law.
Prosecutor; Your Worships, following the decision of the European Court of Appeal in the case of heard in ■■■, it was decided by that that Court that once a break of 45 minutes had been taken it should ‘wipe the slate clean’ of previous driving and the 4.5 hours calculation should begin afresh. Following on from this ruling the driver in question has driven for a period of 7 hours whilst taking a break of only 30 minutes some 15 minute or 33 per cent short of that required.
Magistrates; Mr Prosecutor, thank-you very much for your clear response, I must admit that I dropped my knitting during your answer and have now completely lost the plot. However, The defendant is clearly a rogue of the first order and will be dealt with accordingly.
Clark of the Court, pass me that black cloth I shall be needing that…Mr driver, you are a Scallywag and a truly terrible person, you will be taken from here to a place…
In fact, had this argument not long ago, defence lost.
Worth a try though.