Winseer:
Why not take 15 mins at 5:45 in (first bit the same there) and then 30 mins @ 8:55 in, and another 45 @ 12:30 in… Buggered if I’m going to do “minimum breaks” on a 15 hour shift. You’ll only be deducted for a minimum break at most yards anyways, (RM an exception here) so take as many as you can get away with. Keeping VOSA sweet is more rewarding than working for some gaffer the extra hours for no extra pay otherwise.
The OP did say keep it to a simple “it’s legal” or “it’s not legal”.
Ok then - “It’s legal, but it’s also daft - 'cos you’re making a rod for your own back by doing it.”
Winseer:
Why not take 15 mins at 5:45 in (first bit the same there) and then 30 mins @ 8:55 in, and another 45 @ 12:30 in… Buggered if I’m going to do “minimum breaks” on a 15 hour shift. You’ll only be deducted for a minimum break at most yards anyways, (RM an exception here) so take as many as you can get away with. Keeping VOSA sweet is more rewarding than working for some gaffer the extra hours for no extra pay otherwise.
The OP did say keep it to a simple “it’s legal” or “it’s not legal”.
Ok then - “It’s legal, but it’s also daft - 'cos you’re making a rod for your own back by doing it.”
winseer it was never done at all, I made the whole scenario up just as an example. I stretched the time in the middle section to take the guy past the 9 hour point without taking a break, the reason being that everyone keeps on about taking another break at 9 hrs, and I wanted to see who picked that up.
yes the whole thing is legal time wise,
would I ever do it? not on your life would I, !!! and I wouldn’t expect anyone else to either.
you could say I was also trying to show that the regulations in some respects don’t help reduce a drivers hours that he could be made/asked to work to any great degree.
Winseer:
Why not take 15 mins at 5:45 in (first bit the same there) and then 30 mins @ 8:55 in, and another 45 @ 12:30 in… Buggered if I’m going to do “minimum breaks” on a 15 hour shift. You’ll only be deducted for a minimum break at most yards anyways, (RM an exception here) so take as many as you can get away with. Keeping VOSA sweet is more rewarding than working for some gaffer the extra hours for no extra pay otherwise.
The OP did say keep it to a simple “it’s legal” or “it’s not legal”.
Ok then - “It’s legal, but it’s also daft - 'cos you’re making a rod for your own back by doing it.”
winseer it was never done at all, I made the whole scenario up just as an example. I stretched the time in the middle section to take the guy past the 9 hour point without taking a break, the reason being that everyone keeps on about taking another break at 9 hrs, and I wanted to see who picked that up.
yes the whole thing is legal time wise,
would I ever do it? not on your life would I, !!! and I wouldn’t expect anyone else to either.
you could say I was also trying to show that the regulations in some respects don’t help reduce a drivers hours that he could be made/asked to work to any great degree.
so don’t worry there is no rod in or up my back
he’d put a negative spin on being tasked to work his way through the FHM fittest 100
I stretched the time in the middle section to take the guy past the 9 hour point without taking a break, the reason being that everyone keeps on about taking another break at 9 hrs, and I wanted to see who picked that up.
^^^^ Ref. the 2nd 15 mins. break being taken AFTER 9 hours duty…the excellent FTA DVD on Drivers Hours & WTD shows a working example with the 2nd 15 mins taken at 10 hours then a further 15 mins. taken at 11 hours (ish). So long as your shift is going to exceed 9 hours & no break period is taken at the very end of the shift…LEGAL. DVD is definitely well worth a watch. Dunno if it’s on Youtube - I’ll have a look for a link.
wildfire:
I put this question on another site and some of the answers where quite shocking!!!
right guys got a scenario to put to you lot and see what your answers will be?..
A driver has a full 15hr shift his start time is 06.00 and finish at 21.00.
He will not do more than 4hrs 25 minutes driving during the whole shift.
He starts at 6 and works till 11.45 at which point he takes a 15 min break.
He then carries on till 17.00 and takes another 15 min break.
He then carries on till 20.30 taking another 15 min break and then finishes at 21.00.
The question is has he done anything wrong? please no comments about he shouldn’t be doing a 15hr day ect, its just a wtd question, either he has broken the rules or he hasn’t its that easy
WELL JUST HAVING A QUICK LOOK AT YOUR QUESTION, YOU CANT HAVE 3 X 15 MINUTES BREAK ANYMORE,
wildfire:
I put this question on another site and some of the answers where quite shocking!!!
right guys got a scenario to put to you lot and see what your answers will be?..
A driver has a full 15hr shift his start time is 06.00 and finish at 21.00.
He will not do more than 4hrs 25 minutes driving during the whole shift.
He starts at 6 and works till 11.45 at which point he takes a 15 min break.
He then carries on till 17.00 and takes another 15 min break.
He then carries on till 20.30 taking another 15 min break and then finishes at 21.00.
The question is has he done anything wrong? please no comments about he shouldn’t be doing a 15hr day ect, its just a wtd question, either he has broken the rules or he hasn’t its that easy
WELL JUST HAVING A QUICK LOOK AT YOUR QUESTION, YOU CANT HAVE 3 X 15 MINUTES BREAK ANYMORE,
The breaks are for WTD purposes…not EU Drivers Hours!!! So 3 x 15 minutes ARE permitted - even now!!
from 6am to 11:45 you said he was working but from then on was he working or was he on poa you did not mention work after that in ur questions if on poa then no he had not broke any rules aslong as the poa rules were applied. but if he did work after 12:15 with only a 15 min break then he has broke the rules. the reason I said 12:15 is because u can extend ur 6HR rule if u have any break/poa b4 it gets to 6HR’s if im wrong ive not been pulled for it yet. but you do need to time it perfectly etc.
Frazer smith:
but if he did work after 12:15 with only a 15 min break then he has broke the rules.
No he didn’t break the rules. He could carry on doing other work until 1815.
For example (doing no more than 4h 29m driving during the shift)
0600 start
0600-1200 other work
1200-1215 break
1215-1815 other work
1815-1830 break
1830-2044 other work
2044-2059 break
2059-2100 other work
2100 end
Frazer smith:
but if he did work after 12:15 with only a 15 min break then he has broke the rules.
Why has he? What rule has he broken?
Here is the relevant part of the regulations from here, which one has he broken?
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…
(5) An employer shall take all reasonable steps, in keeping with the need to protect the health and safety of the mobile worker, to ensure that the limits specified above are complied with in the case of each mobile worker employed by him.
IS IT ME BUT WHY THE HELL IS THERE ALL THIS FUSS,I HAVNT READ EVERYTHING ON THIS TOPIC, BUT I KEEP READING ABOUT 3X15 MINUTE BREAKS,HAS EVERYBODY DONE THEIR CPC, BECAUSE YOU CANT HAVE 3X15 MINUTE BREAKS ANYMORE. JUST HAVE 45 MINS AND HAVE DONE WITH IT, IM SURE WE ALL KNOW YOU CAN HAVE A 15 MIN BREAK FOLLOWED BY A 30 MIN BREAK AND NOT THE OTHER WAY ROUND, THE 30 MINUTE BREAK HAS TO BE TAKEN SECOND
royhebb2:
IS IT ME BUT WHY THE HELL IS THERE ALL THIS FUSS,I HAVNT READ EVERYTHING ON THIS TOPIC, BUT I KEEP READING ABOUT 3X15 MINUTE BREAKS,HAS EVERYBODY DONE THEIR CPC, BECAUSE YOU CANT HAVE 3X15 MINUTE BREAKS ANYMORE. JUST HAVE 45 MINS AND HAVE DONE WITH IT, IM SURE WE ALL KNOW YOU CAN HAVE A 15 MIN BREAK FOLLOWED BY A 30 MIN BREAK AND NOT THE OTHER WAY ROUND, THE 30 MINUTE BREAK HAS TO BE TAKEN SECOND
you are confusing driving time break rules with RTD break rules
Driving time breaks can be 15 + 30
RTD break rules can be 15 + 15 + 15
Driving time break rules take preference but both apply at the same time
royhebb2:
IS IT ME BUT WHY THE HELL IS THERE ALL THIS FUSS,I HAVNT READ EVERYTHING ON THIS TOPIC, BUT I KEEP READING ABOUT 3X15 MINUTE BREAKS,HAS EVERYBODY DONE THEIR CPC, BECAUSE YOU CANT HAVE 3X15 MINUTE BREAKS ANYMORE. JUST HAVE 45 MINS AND HAVE DONE WITH IT, IM SURE WE ALL KNOW YOU CAN HAVE A 15 MIN BREAK FOLLOWED BY A 30 MIN BREAK AND NOT THE OTHER WAY ROUND, THE 30 MINUTE BREAK HAS TO BE TAKEN SECOND
you are confusing driving time break rules with RTD break rules
Driving time breaks can be 15 + 30
RTD break rules can be 15 + 15 + 15
Driving time break rules take preference but both apply at the same time
who uses rtd break rules , if your a lorry driver every day you must be under eu rules ?
royhebb2:
IS IT ME BUT WHY THE HELL IS THERE ALL THIS FUSS,I HAVNT READ EVERYTHING ON THIS TOPIC, BUT I KEEP READING ABOUT 3X15 MINUTE BREAKS,HAS EVERYBODY DONE THEIR CPC, BECAUSE YOU CANT HAVE 3X15 MINUTE BREAKS ANYMORE. JUST HAVE 45 MINS AND HAVE DONE WITH IT, IM SURE WE ALL KNOW YOU CAN HAVE A 15 MIN BREAK FOLLOWED BY A 30 MIN BREAK AND NOT THE OTHER WAY ROUND, THE 30 MINUTE BREAK HAS TO BE TAKEN SECOND
Perhaps you should have done, then you would know what’s being discussed
so your saying that wtd rules override eu drivers hours regulations, so if a driver gets stopped and he has had 3x15 mins breaks, he will be ok with vosa ?
royhebb2:
so your saying that wtd rules override eu drivers hours regulations, so if a driver gets stopped and he has had 3x15 mins breaks, he will be ok with vosa ?
Nope, working time regulations run alongside the EU regulations and legally you’re expected to comply with both sets of regulations.
It’s not that hard to do really because as far as breaks are concerned, I’m sure you know that driving breaks count as WTD breaks, and where appropriate WTD breaks count as driving breaks, I say where appropriate because obviously while a 15 minute break can count for the WTD it can never count as the second part of a split driving break.
royhebb2:
so your saying that wtd rules override eu drivers hours regulations, so if a driver gets stopped and he has had 3x15 mins breaks, he will be ok with vosa ?
read the opening post again
it clearly states that the driver will not do enough driving time to need the 45 minute break under EU Drivers Hours rules, this is purely a WTD rules question, hence, it is perfectly legal to have 3 x 15 minute breaks
oh, and it’s good to see that you have managed to stop shouting at everyone too
