POA and Breaks

Rob K:

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?
:confused:
[/quote]
It also says ‘At least’ So you’re entitled to a break and it must be at least 30 min long.

dennisw1:
It also says ‘At least’ So you’re entitled to a break and it must be at least 30 min long.

“It” was Davey - hardly an official source.

Rob K:

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 :wink: :wink:

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. :bulb:

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.

So if your your total is between 6 and 9 hours you have to show a 30 minute break :bulb:

Break periods can be divided, but their duration
must be at least 15 minutes long

So you could take a 15 break after 1 minute of work and the other 15 min break at 6hrs :grimacing:

Rob K:

dennisw1:
It also says ‘At least’ So you’re entitled to a break and it must be at least 30 min long.

“It” was Davey - hardly an official source.

:grimacing: :grimacing: :grimacing: :grimacing: :grimacing: :grimacing: :grimacing: :grimacing: :grimacing: :grimacing:

RobK click HERE and it will tell you all you need to know, ive printed it all out, and carry it all in a flip file to be quoted from if i get a tug :wink: :wink:

Rob K:

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 :wink: :wink:

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. :bulb:

Actually not, a break is defined as splitting up two periods of work, so youd have to have your other 15min before 8hrs 45 min

Where does it say you have to take 30min after 6 hours work?

All it say is that if you work more than 6 hours you are entitled to a break of 30min (breaks can be split into no less than 15min.)

So for your argument to work , you work 6 hours then take 30 min what happens after another 6 hours work? does the regulation then say you need another 30min?

No it says nothing about 30 min break every 6 hours.

You need a break after 6 WORKING hours not duty hours, you could potentially do a 15 hour stretch and not need a break at all.

E.G. drive somewhere 2 hours sit on POA 11 hours and drive back 2 hours no need for a break at all.

Of course this could only really happen if you deliver to Tesco or Asda and there was one box too many on a pallet.

ralliesport:
Where does it say you have to take 30min after 6 hours work?

All it say is that if you work more than 6 hours you are entitled to a break of 30min (breaks can be split into no less than 15min.)

So for your argument to work , you work 6 hours then take 30 min what happens after another 6 hours work? does the regulation then say you need another 30min?

No it says nothing about 30 min break every 6 hours.

That’s exactly what I’m trying to get through to them and I believe it’s pretty much what Michael is/was trying to put across too. :unamused:

The bit about “a break of at least 30 mins is required” is being taken too literally. In my opinion it doesn’t mean that one break of at least 30 mins [solid] is required.

The new regulations require:

􀂄 Those mobile workers should not work more than 6 consecutive hours without taking a break.

Right i have to have a break after every 6 hours of work

􀂄 If working hours total between 6 and 9 hours a day, breaks totalling at least 30 minutes in total are required.

Well if I work more than 6 hours but no less than 9 my breaks have to total 30min.

? Where working hours total more than 9 hours a day, breaks totalling a minimum of 45 minutes must be taken overall.

? Breaks should be of at least 15 minutes duration.

These are what the regulations say, i can work 6 hours have 15 min, work another 6 hours have 15 min, then work another 2 hours and so long as I have a 15 min break before I finish work I have complied with the regulations.

48 Hour Working Time Directive doesnt apply to me anyway so good luck :grimacing: :grimacing: :grimacing: :grimacing: :grimacing:

Davey Driver:

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.

agreed! and the minimum break is 15 mins!

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[/**color] and interrupting that time.

agreed! if i don’t exceed 9 hours i only need 30 mins break. That will be the 15 mins i took after 6 hours, and the 15 mins (to make 30 mins in total) i took after 8 and haf hours work.

Theres nothing complicated in those sentences which are both taken from the link you provided yourself.

true!

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

Now this is why i’m sticking with you and i’m going to help you!!! (ok, i’m joking a bit!) You’re right, but also it does not say you need to take 30 mins rest after 6 hours work!!!

:laughing: :laughing: :laughing:

Sooo, summing up, one only needs to take a 15 minute break before 9 hours duty. :slight_smile:

Rob K:
:lol: :laughing: :laughing:

Sooo, summing up, one only needs to take a 15 minute break before 9 hours duty. :slight_smile:

It’s not often it happens, but this is one time when you have summed up correctly/accuratley and honestly!!! And you’re spot on !!!

Mike-C:

Rob K:
:lol: :laughing: :laughing:

Sooo, summing up, one only needs to take a 15 minute break before 9 hours duty. :slight_smile:

It’s not often it happens, but this is one time when you have summed up correctly/accuratley and honestly!!! And you’re spot on !!!

Why do I get the feeling that this isn’t the end of this thread… :laughing:

Rob K:
Why do I get the feeling that this isn’t the end of this thread… :laughing:

Because I haven’t thrown my hat into the ring yet and you just had to know I wasn’t going to pass on a thread like this. :wink: :smiley: :smiley: :smiley:

I’m with Mike on this one. :smiley: To say you need to take 30 minutes before you work more than six hours is clearly wrong. You just need a break before that happens and as the minimum break is 15 minutes that is all you need at that point. The very fact you need to take a break at all means that your working time will be more than six hours, and you will therefore need at least 30 minutes of break, but the regulations clearly state that this can be in two periods if desired.

To me it is very clear and I don’t really see the confusion, except were people aren’t reading it properly and that is pretty much what happens with the tacho regs as well. You just have to break it down into bite size chunks and all is clear.

Nobody shall work more than six hours without a break and the minimum break is 15 minutes. Work less then six hours no break is needed. When you have worked six hours, or before you reach the six hours, you need to take a break and as nothing less than 15 minutes counts then you must take at least that. It only says no mobile worker can work more than six hours without a break, it doesn’t say no mobile worker can work more than six hours without a 30 minute break. If it had to be 30 minutes there would be no option in the regulations for splitting the break. Work exactly six hours and you don’t need a break, work six hours and one minute and you need a break and if it has to be a 30 minute break at that point why give the option to split it? You might try to argue that the split is there so you could take two 15 minute breaks before you exceed the six hours, but the regulations do not limit the splitting of the breaks to before six hours work is exceeded so that argument wouldn’t work.

If you work between six and nine hours you must have 30 minutes of break. So as long as you took the minimum required break before exceeding six hours work - 15 minutes - you will just need to take another 15 minutes before you reach the end of your shift.

Work more than nine hours and you need breaks totalling 45 minutes. So having taken 15 minutes at, or before, six hours, you need 30 minutes of break, in one hit or in 2x15, before the end of your shift.

The most important words in the regulations regarding breaks are - breaks totalling. If you had to take 30 minutes at, or before, the end of six hours then those words would not be required in the regulations.

Also if it was the case you had to take 30 minutes, the whole bit about working between six and nine hours and breaks totalling 30 minutes would be surplus to requirements. They would just say no more than six hours work without a break of 30 minutes, unless you will work more than nine hours when you need to make that 45 minutes.

Just run that by me again…

:laughing:

Where in the regs does it say that?

Yes if you work more than 6 hours and no more than 9 you need to have had 30min rest. The regs. doesnt say you need another 15 min before 9 hours if you are going to work more than 9 hours though.

Where working hours total more than 9 hours a day, breaks totalling a minimum of 45 minutes must be taken overall

I stand by my last post:

These are what the regulations say, i can work 6 hours have 15 min, work another 6 hours have 15 min, then work another 2 hours and so long as I have a 15 min break before I finish work I have complied with the regulations.

Rob K:

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 :wink: :wink:

Where does it say that, exactly?

It says you cant work no longer than 6 hour with no break, so if you finnish between 6 and 9 hours work you would have to show 30 minutes worth of breaks, so your right in saying you only need 15 mins after the 6 hour period, but you would need a FURTHER 15 mins break before the end of any period between 6 and 9 hours work :wink: :wink:

Got any ibuprofen?? Got a headache now :grimacing: :grimacing: :grimacing: :grimacing: :grimacing:

Rob K:

dennisw1:
It also says ‘At least’ So you’re entitled to a break and it must be at least 30 min long.

“It” was Davey - hardly an official source.

I supplied it from the link Mike provided, so is Mikes link NOT an official source then Rob?

Try reading through Mikes Link then come back with your comments :wink:

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.

As an experienced driver Jammy, you know quite well that you are meant to keep a log!!