The other day I took a Working Time Directive break of 15 minutes within my first 6 hrs of working but then I got distracted by the job i was doing and worked beyond 6 hrs without taking a further break. I was surprised not to see a warning message come up on the Tachograph. Surely if i work beyond 6 hrs having only had a 15 minute break it should be giving me a bollocking? Pretty sure I’ve had them in the past.
Am I understanding this correctly, you had a 15 minute break, then did more than 6 hours working time from the end of that break, and never got a warning from the tachograph ?
I don’t know why the tachograph never gave you a warning, but if it’s any consolation you will probably get an infringement notice from your employer 
The tacho didn’t warn you because you did nothing wrong! The requirement is for a minimum of 15 minutes break before 6 hours. You met that criteria and I guess that you had a further 30 minutes minimum break before you reached 9 hours working?
So, just clarify.
I started at 7am, took a 15 minute break at 12pm and then continued to work until 4pm with no further break logged on the tacho.
I know that if i work more than 6 hrs and less than 9 hrs i should have a minimum of 30 minutes of break logged.
So in reality I’m actually required to take a minimum 30 minute break ‘before’ the end of 6 hrs if I’m expecting to work beyond six hours, right?
I think what Maoster posted is correct, I complied with break requirements in the first 6 hrs but failed to comply after the 6hrs so there was an infringement but the tacho doesn’t warn of this. In the past i must have received a warning for failing to take a break within the first 6 hrs.
Hope this makes some sense. Thanks for replies.
In this case, you would not need to take the 2nd break until 18:15 to satisfy the 6 hour rule. However, as you know, you would need to take at least 30 minutes in total, for a shift lasting 6-9 hours.
The tacho wouldn’t give you any warning, as you hadn’t reached the end of the 2nd 6 hour working period.
To avoid a tacho infringement in this instance, you could input a manual entry for another 15 minute break at 4pm, then at least 1 minute of other work, before your daily rest. That would then show 30 minutes of break across the shift.
If the shift is usually this length, I would take a 30 minute break around the 12noon mark.
Hope this makes it a little clearer for you.
I haven’t found any tacho* to give warnings for wtd only drive time, though I have very rarely used stonebridge ones.
- The exception being the vdo ones in our newest units, some show messages alerting you to 6hrs working time, and perhaps 9hrs, but don’t seem to determine if you have already taken breaks to satisfy the requirements.
If this was on the last shift you worked, you could clear the infringement by your manual entry, by recording another break then a short period of other work before the daily rest.
It would also be fair to say that by the book it would be a false entry on the tacho if that isn’t what your work day was in actual fact.
He said he started at 7 took a break at 12 . So your wrong with his next break having be at 18 15. As start at 7 untill. 18 15 is more than 9 hours. So his second break should of been before 16 00.
If you finished your shift before 16 00 hours then the 15 mins you took should be enough to cover your day
As above. The shift length didn’t exceed 9 hours. A 15 minute break shown is all that was required. No infringement, nothing to see here.
- if working hours total between 6 and 9 hours, working time should be interrupted by a break or breaks totalling at least 30 minutes
Drivers’ hours and tachographs: goods vehicles - Annex 2. Working time rules - Guidance - GOV.UK
Agreed.
Agreed again.
You’re confusing the 6 hour rule with the the total breaks required, you need a 15 minute break before exceeding 6 hours working time, you had this break.
For a shift of between 6 and 9 hours working time you need a total break/breaks of 30 minutes, so yes you will get an infringement for insufficient break during the shift.
You do not need to have the entire 30 minute break before the end of 6 hours working time.
As has been said a manual entry for the end of the shift showing a 15 minute break then some other work will make the infringement disappear
How much driving did you do ??
I fail to understand where this got to have 30 min before 6 hours comes from.
lets say i start at 6 am i have to have 15 min by midday lets say i have a break at 11:45 i then have a further 6 hours before i need another break that is the only time constraint on when i have a 30 min break (or 2 15’s) it is perfectly legal to have the break at 5 pm long after the 6-9 and over 9 hours has passed provided i haven’t reached the 4.5 hour driving limit.
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^^^ my point all along.
I don’t think it would be because the total work carried out would be 8h45m. The way to stay legal if wishing to finish at that point would be to take a 15 minute break, work for a minute, then finish.
Edit: I should also say that the tachograph wouldn’t warn about that one. The more modern ones do give a warning approaching 6 hours though. Although strangely they seem to be set up to require a 45 minute break not a 15 minute one.
I knew this post was going to result in a difference of opinions.
Ok, let me try this one then.
I start work at 7am, I take a 15 minute break at 12pm, I continue to work and drive (but I’m way under my ‘driving’ time limit) until 3pm and I then get pulled by vosa. I’ve taken/logged only 15 minutes of break in 8 hours of working. Who here agrees that this is an infringement?
bigtightnuts
I knew this post was going to result in a difference of opinions.
Ok, let me try this one then.
I start work at 7am, I take a 15 minute break at 12pm, I continue to work and drive (but I’m way under my ‘driving’ time limit) until 3pm and I then get pulled by vosa. I’ve taken/logged only 15 minutes of break in 8 hours of working. Who here agrees that this is an infringement?
Nope that would not be an infringement, you haven’t finished the shift so still have time to have the other 15 minutes of break that’s required for a shift of more than 6 hours but not more than 9 hours of working time.
In that scenario the DVSA would check your tacho and card then send you on your way with a clean sheet 
no differing opinions we have all said the same thing to you.
im struggling to post on here in any form of legibility at the mo. but basicly the reason the tacho didnt flash a warning is because you did nothing wrong it doesnt know what time your finishing your shift
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@ bigtightnuts
See if this helps you to understand.
The rules for the Road Transport (Working Time) Regulations.
No worker should work more than 6 hours without a break of 15 minutes. (commonly known as the 6 hour rule)
So the rule for the 6 hour rule is:
A 15 minute break should start-
- No later than 6 hours working time from the start of the shift
And - No later than 6 hours working time from the end of the last break.
Total breaks in each shift should be:
Up-to 6 hours working time.
- No break is legally required.
If the total working time in the shift is more than 6 hours but not more than 9 hours.
- 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.
(At no point in the shift should you do more than 6 hours working time before having a break of at-least 15 minutes.)
You are legally required to comply with either the rule above ↑, or the rule bellow ↓ **but not both
If the total working time in the shift is more than 9 hours.
- 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.
(At no point in the shift should you do more than 6 hours working time before having a break of at-least 15 minutes.)
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.
So way I’m reading that If you go over 9 hrs work and don’t exceed your 4 half hours driving.
Then you. Just need take 3 x 15 mins breaks…
Altough why anyone would want to do that is beyond me.
Best taking a 15 and 30. As 15 mins by time been to services had a pee bought a coffee or what ever time set off again.