Davey Driver:
The 6 hr rule is as followsWhen 6 hrs work time has elapsed a 30 minute break must be taken
Sorry Davey but that’s not what VOSA say, as Mike Campbell will prove. He’s got it in writing.
Rob K:
Davey Driver:
The 6 hr rule is as followsWhen 6 hrs work time has elapsed a 30 minute break must be taken
Sorry Davey but that’s not what VOSA say, as Mike Campbell will prove. He’s got it in writing.
Hey ! I got my full title and it was spelt right!! I can’t be doing with Scottish surnames as it happens. Any way, VOSA probably do say what Davey is saying and it is the common ‘interpretation’ of the WTD, BUT. ! Study the law itself hereDavey and see if you can spot where it backs up what you’re saying?
Taken from dft.gov.uk/stellent/groups/d … P349_41452
Examples of breaks:
-
½ hour other work + 4½ hour driving triggers a 45 minute break under EU drivers hours rules. Another 4½ hours driving triggers another 45 minute break under EU drivers’ hours rules. No breaks taken under the Road Transport Regulations (RTR). Daily break time = 90 minutes
-
4 hours other work + 2 hours driving triggers a break (30 minutes in this case) under Working Time Regulations. Another 3 hours work (9 hours in total) and another 15 minute break is needed under working time regulations. Total breaks = 45 minutes
-
Three hours driving + 2 hours other work + 1 hour driving will trigger a break (30 minutes in this case) under working time rules. Another ½ of driving = 4½ driving, requiring another 15 minute break under EU drivers hours rules. No further breaks are required. Daily break time = 45 minutes.
-
Three hours driving + 2 hours availability + 3 hour other work triggers a break requirement under Working Time Regulations (30 minutes in this case). Another 1½ hours driving triggers the remaining 15 minutes under EU drivers’ hours rules. No further breaks are required. Daily break = 45 minutes. (If all the conditions are met, then a driver could take his mandatory break during the PoA)
3 Note: If “other work” consists of driving under UK Drivers’ Hours rules, then additional break requirements may apply.
Where’s your bit in writing Mike? Didn’t you post on do-gooders?
Mike-C:
Davey and see if you can spot where it backs up what you’re saying?
Breaks
7. - (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.
Found within 1 minute of clicking on the link 
Davey Driver:
Taken from dft.gov.uk/stellent/groups/d … P349_41452Examples of breaks:
½ hour other work + 4½ hour driving triggers a 45 minute break under EU drivers hours rules. Another 4½ hours driving triggers another 45 minute break under EU drivers’ hours rules. No breaks taken under the Road Transport Regulations (RTR). Daily break time = 90 minutes
4 hours other work + 2 hours driving triggers a break (30 minutes in this case) under Working Time Regulations. Another 3 hours work (9 hours in total) and another 15 minute break is needed under working time regulations. Total breaks = 45 minutes
Three hours driving + 2 hours other work + 1 hour driving will trigger a break (30 minutes in this case) under working time rules. Another ½ of driving = 4½ driving, requiring another 15 minute break under EU drivers hours rules. No further breaks are required. Daily break time = 45 minutes.
Three hours driving + 2 hours availability + 3 hour other work triggers a break requirement under Working Time Regulations (30 minutes in this case). Another 1½ hours driving triggers the remaining 15 minutes under EU drivers’ hours rules. No further breaks are required. Daily break = 45 minutes. (If all the conditions are met, then a driver could take his mandatory break during the PoA)
3 Note: If “other work” consists of driving under UK Drivers’ Hours rules, then additional break requirements may apply.
I’m aware of that Davey, but, that is advice from DfT which i know you would understand to be right, but it aint!!!
Interpret this as you will , but it is the law and not the DfT’s interpretation!! opsi.gov.uk/si/si2005/20050639.htm
Breaks
7. - (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.
Before we debate it any further, DfT have already stated that the VOSA advice is wrong and where supposed to amend it to match the law and not their false misinterpretation.
Rob K:
Where’s your bit in writing Mike? Didn’t you post on do-gooders?
There ya go! You don’t read that site do you , surely?!
Mike-C:
Breaks
7. - (1) No mobile worker shall work for more than six hours without a break.
That basically sums it up in a nutshell Mike, it then defines the 30 minutes as being the break required in 2.
Davey Driver:
Mike-C:
Breaks
7. - (1) No mobile worker shall work for more than six hours without a break.That basically sums it up in a nutshell Mike, it then defines the 30 minutes as being the break required in 2.
You’re hard work Davey !!! The minimum break is 15mins, thats all you need to take after 6 hours.
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
.
Ok, say i do 7 and half hours and then take a 30 min break, it’s still within what it says above.
Well I’ll just sit back and watch now, thanks.
So who’s right and who’s wrong? That’s the question!
Where’s that coffee supping bloke gone? It’s not like him to not have his two-penneth worth!
Rob K:
:lol: Well I’ll just sit back and watch now, thanks.So who’s right and who’s wrong? That’s the question!
Where’s that coffee supping bloke gone? It’s not like him to not have his two-penneth worth!
Well like i say , i was of the opinion Davey is, that is what i was told and read and every traffic office informs me. But, according to a letter in the commercial motor magazine, from a Mr.Andrew Gale, he queried this with the DfT and they agreed it was wrong advice (the 30mins after 6hours), and they told him they would update the VOSA advice to reflect this. It still hasn’t been done. But anyone can read the law for themselves. It states only that a break is required at 6hours work, minimum break being…blah,blah,blah,blah. I’m going to the pub now, i’m off tonight!!! I just hope i don’t post when i get back!!!
Davey Driver:
Mike-C:
Breaks
7. - (1) No mobile worker shall work for more than six hours without a break.
You cant exceed 6 hrs without a break Mike, ok if your going to work less than 6hrs no break needs to be taken.
If you know you are exceeding 6 hrs then yes you can take 2 x 15 minute breaks the last 15 minutes can be taken at the end of the 6th hour.
But Number 1 CLEARLY states No mobile worker shall work for more than six hours without a break.
The minimum required break for anyone exceeding 6hrs is 30 minutes as stated in (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.
Theres nothing complicated in those sentences which are both taken from the link you provided yourself.
I’m not being hard work, I’m simply pointing out the written legislation as it appears, nowhere does it state that only 15 minutes rest is required in 7 hrs
Davey Driver:
You cant exceed 6 hrs without a break Mike, ok if your going to work less than 6hrs no break needs to be taken.If you know you are exceeding 6 hrs then yes you can take 2 x 15 minute breaks the last 15 minutes can be taken at the end of the 6th hour.
But Number 1 CLEARLY states No mobile worker shall work for more than six hours without a break.
The minimum required break for anyone exceeding 6hrs is 30 minutes as stated in (2) Where a mobile worker’s working time exceeds six hours but does not exceed nine hours, the worker shall be ENTITLED[/b] to a break lasting at least 30 minutes and interrupting that time.[/u]
Theres nothing complicated in those sentences which are both taken from the link you provided yourself.
I’m not being hard work, I’m simply pointing out the written legislation as it appears, nowhere does it state that only 15 minutes rest is required in 7 hrs
[/quote]
Maybe the “entitled” bit is where the confusion lay? Yes you can have 30 mins if you want, but legally you only need to take 15 mins, perhaps?
What do you put your mode on if your having a dump?.
Especially if your constipated as that can be very hard WORK and its certainly not a break because its hard work when the turtles head is not going to show,I dont know about you but i certainly am not prepared to be available for work mid dump.
So whats it to be?, if the dump lasts less than 6hours for example.
jammymutt:
What do you put your mode on if your having a dump?.Especially if your constipated as that can be very hard WORK and its certainly not a break because its hard work when the turtles head is not going to show,I dont know about you but i certainly am not prepared to be available for work mid dump.
So whats it to be?, if the dump lasts less than 6hours for example.
perhaps we need a ‘squeezing your head symbol’ 
jammymutt:
What do you put your mode on if your having a dump?.Especially if your constipated as that can be very hard WORK and its certainly not a break because its hard work when the turtles head is not going to show,I dont know about you but i certainly am not prepared to be available for work mid dump.
So whats it to be?, if the dump lasts less than 6hours for example.
EC Drivers Hour Rules:
- Breaks: When driving is being carried out, the break provisions under EC
drivers’ hours rules (EC/3820/85) take precedence. However, drivers are not
permitted to work for more than 6 consecutive hours without a break. Where
working hours total between 6 & 9 hours a day, a break of at least 30 mins is
required. A further 15 minute break is required (45 minutes in total) if total
working hours exceed 9 hours. Break periods can be divided, but their duration
must be at least 15 minutes long.
30 mins are required NOT 15
delboy98:
EC Drivers Hour Rules:
- Breaks: When driving is being carried out, the break provisions under EC
drivers’ hours rules (EC/3820/85) take precedence. However, drivers are not
permitted to work for more than 6 consecutive hours without a break. Where
working hours total between 6 & 9 hours a day, a break of at least 30 mins is
required. A further 15 minute break is required (45 minutes in total) if total
working hours exceed 9 hours. Break periods can be divided, but their duration
must be at least 15 minutes long.30 mins are required NOT 15
Where does it say that, exactly?
It says
Where working hours total between 6 & 9 hours a day, a break of at least 30 mins is required.
So I could take a 15 break after 1 minute of work and the other 15 min break at 8hrs 45 mins and still be legal. 
My opinion is that if you work 6 hours you should show 30 min of break.
Whether that means work 6 hours then have a 30 min or work 3 hours have 15 then work another 3 and take another 15 doesnt really matter, so long as you show 30min for 6 hours work. I always thought the 6 hour rule was 6 hours of ‘duty’, though many people have since told me it’s only ‘work’
Also going back to POA, i beleive you’re supposed to be free to leave your workstation (ie the drivers seat) and be able to do what you want with your time, ie. if the boss says you have to do paper work then it’s other work not POA. You’re also supposed to know in advance how long it will last, but then if anyone asks you just say some bloke told you that you’d be there for 30min or whatever.
The only time you really ‘need’ to use POA is if your firm deducts pay for your breaks based on the breaks shown on your tacho. Or if your boss complains about you skiving or something and you want to show waiting time.
Oops, opened a can of worms here then 
Going back to the original point, why is it the digi tacho RESETS the driving timer back to zero following a least 45mins of POA
Answer me that, someone…