Do breaks count towards Wtd?

But 15 minutes does reset the 6-hour clock!! The requirement for 45 minutes total breaks when total working time exceeds 9 hours doesn’t change that.

If a 15 hour shift never got to 4.5 driving then the driver could do …

6 hours work/drive
15 min break
6 hours work/drive
15 min break
2 hours work/drive
15 min break
15 min work

see and theres me thinking I got my head round it ffs :unamused:

I aint gonna argue the toss on this but I would say that this

-Breaks: not more than 6 hours should be worked consecutively without a break (at least 30 min when 6 to 9 hours are worked per day

could be construed before the 9th hour a 2nd break should/must be taken and as such the for mentioned re-set of 6hrs would not be correct ■■
its all in the way things are read…
ec.europa.eu/transport/modes/roa … ime_en.htm

nick2008:
I aint gonna argue the toss on this but I would say that this

-Breaks: not more than 6 hours should be worked consecutively without a break (at least 30 min when 6 to 9 hours are worked per day

could be construed before the 9th hour a 2nd break should/must be taken and as such the for mentioned re-set of 6hrs would not be correct ■■
its all in the way things are read…
ec.europa.eu/transport/modes/roa … ime_en.htm

No because it does give a choice of either 6 to 9 hour or over 9 hours - it does not say both apply

ROG:

nick2008:
I aint gonna argue the toss on this but I would say that this

-Breaks: not more than 6 hours should be worked consecutively without a break (at least 30 min when 6 to 9 hours are worked per day

could be construed before the 9th hour a 2nd break should/must be taken and as such the for mentioned re-set of 6hrs would not be correct ■■
its all in the way things are read…
ec.europa.eu/transport/modes/roa … ime_en.htm

No because it does give a choice of either 6 to 9 hour or over 9 hours - it does not say both apply

I know what your saying Rog and everyone else I just wonder how it would hold in court ? or in front of the TC.

nick2008:
I aint gonna argue the toss on this but I would say that this

-Breaks: not more than 6 hours should be worked consecutively without a break (at least 30 min when 6 to 9 hours are worked per day

could be construed before the 9th hour a 2nd break should/must be taken and as such the for mentioned re-set of 6hrs would not be correct ■■
its all in the way things are read…
ec.europa.eu/transport/modes/roa … ime_en.htm

The problem here is that the text you are quoting is not exactly what the directive says - it’s a summary in easier-to-understand language.

The text of the Directive (there is a link to it on the same page) says:

Article 5

Breaks

  1. Member States shall take the measures necessary to ensure that, without prejudice to the level of protection provided by Regulation (EEC) No 3820/85 or, failing that, by the AETR Agreement, persons performing mobile road transport activities, without prejudice to Article 2(1), in no circumstances work for more than six consecutive hours without a break. Working time shall be interrupted by a break of at least 30 minutes, if working hours total between six and nine hours, and of at least 45 minutes, if working hours total more than nine hours.

  2. Breaks may be subdivided into periods of at least 15 minutes each.

Does that make it any clearer?

nick2008:
I aint gonna argue the toss on this but I would say that this

-Breaks: not more than 6 hours should be worked consecutively without a break (at least 30 min when 6 to 9 hours are worked per day

could be construed before the 9th hour a 2nd break should/must be taken and as such the for mentioned re-set of 6hrs would not be correct ■■
its all in the way things are read…
ec.europa.eu/transport/modes/roa … ime_en.htm

Nonsense, there is no requirement for any second part of a rest to be taken before exceeding 9 hours work.

It’s an either or thing, if there is between 6 and 9 hours work in the shift then you need 30 minutes of break in total but if there will be more than 9 hours then you ignore the 30 minute breaks in total and go for 45 minutes in total and the 9 hour thing is no longer applicable.

nick2008:

Coffeeholic:

valks1:
After working 5.30 hrs I have a 15 min break how long after this break can I work until I need another break under the 6 hr rule.

6 hours, or before the end of the shift whichever comes first. That 15 minute break resets the 6 hour counter to zero so you can go another 6 hours before another working time break would be required.

This has already been answered several times in this thread.

Your wrong coffee . Because as in your example you would work 12hrs with 30 mins …

Which is not illegal and you would then need another 15 minutes before the end of the shift to meet the 45 minutes of break for work over 9 hours. Nowhere in the regulations does it state a requirement to take a break before exceeding 9 hours work, only before exceeding 6 hours work and it gives two requirements for total break depending on amount of work in shift. You work to whichever of those requirements fits your shift, work of between 6-9 hours or over 9 hours, not both of them.

nick2008:

ROG:

nick2008:
I aint gonna argue the toss on this but I would say that this

-Breaks: not more than 6 hours should be worked consecutively without a break (at least 30 min when 6 to 9 hours are worked per day

could be construed before the 9th hour a 2nd break should/must be taken and as such the for mentioned re-set of 6hrs would not be correct ■■
its all in the way things are read…
ec.europa.eu/transport/modes/roa … ime_en.htm

No because it does give a choice of either 6 to 9 hour or over 9 hours - it does not say both apply

I know what your saying Rog and everyone else I just wonder how it would hold in court ? or in front of the TC.

It wouldn’t ever get to court or in front of a TC so it’s a moot point.

Coffeeholic:

nick2008:

ROG:

nick2008:
I aint gonna argue the toss on this but I would say that this

-Breaks: not more than 6 hours should be worked consecutively without a break (at least 30 min when 6 to 9 hours are worked per day

could be construed before the 9th hour a 2nd break should/must be taken and as such the for mentioned re-set of 6hrs would not be correct ■■
its all in the way things are read…
ec.europa.eu/transport/modes/roa … ime_en.htm

No because it does give a choice of either 6 to 9 hour or over 9 hours - it does not say both apply

I know what your saying Rog and everyone else I just wonder how it would hold in court ? or in front of the TC.

It wouldn’t ever get to court or in front of a TC so it’s a moot point.

at which point it makes a whole farse of the whole point of it …

nick2008:

Coffeeholic:

nick2008:

ROG:

nick2008:
I aint gonna argue the toss on this but I would say that this

-Breaks: not more than 6 hours should be worked consecutively without a break (at least 30 min when 6 to 9 hours are worked per day

could be construed before the 9th hour a 2nd break should/must be taken and as such the for mentioned re-set of 6hrs would not be correct ■■
its all in the way things are read…
ec.europa.eu/transport/modes/roa … ime_en.htm

No because it does give a choice of either 6 to 9 hour or over 9 hours - it does not say both apply

I know what your saying Rog and everyone else I just wonder how it would hold in court ? or in front of the TC.

It wouldn’t ever get to court or in front of a TC so it’s a moot point.

at which point it makes a whole farse of the whole point of it …

I meant it wouldn’t go to court or in front of a TC because there is no offence committed, not because no one bothers to enforce it.

No what I ment is the whole point is SAFTEY but the whole thing is a farce

nick2008:
No what I ment is the whole point is SAFTEY but the whole thing is a farce

Its better than it was - before the 6 hour break rule a driver not exceeding 4.5 hours driving could legally do a 15 hour shift without any breaks

nick2008:
No what I ment is the whole point is SAFTEY but the whole thing is a farce

tachograph:

nick2008:
No what I ment is the whole point is SAFTEY but the whole thing is a farce

If I keep going do I get a free holiday in OZ :wink: :wink:

I know that the first 15 min of driving break can also be for WTD break, but if I take a 45 min break, Does your 45 min driving break count as the full WTD breaks if I go past 9 hrs working time, even if I have it 4-5 hours before the 9 hr is up?

wheelyb:
I know that the first 15 min of driving break can also be for WTD break, but if I take a 45 min break, Does your 45 min driving break count as the full WTD breaks if I go past 9 hrs working time, even if I have it 4-5 hours before the 9 hr is up?

Yes a 45 minute driving break would be enough WTD break for a shift of over 9 hours, but you still need to comply with the 6 hour rule, so even with a 45 minute break if you was to do more than another 6 hours working time you would need another 15 minute break.

Another 6 hours after the 9 hrs?

wheelyb:
Another 6 hours after the 9 hrs?

At no point in a shift must the driver do 6 hours work without at least a 15 min break

It is usually the back part of a shift which catches some drivers out with that rule

Example for a 13 hour shift
work 1 hour
drive 4.5 hours
break 45 mins
work 45 mins
drive 4 hours
work 2 hours
The back of the shift has exceeded the 6 hour work time rule by 45 mins