you must not work for more than 6 hours without at least a 15 min break this is a rolling 6 hours and restarts after any break ends.
if working between 6 and 9 hours you must have breaks totaling at least 30 min this can be split into two 15 min breaks if you wish however it must be taken on or before the 9 hours is up
if working more than 9 hours you must have breaks totaling 45 min again this can be split ie 3 15’s or a 15 and a 30
drivers rules are you must take a 45 min break on or before 4 hours 30 of driving ie you can not do more than 4h30 with out a 45 min break. this can be split into a 15 and a 30 but the second half must be at least 30 min long.
Dont confuse yourself with the poa it should only be used when you know in advance how long you are going to be working. It should not be used as a means of break unless your double manning and other specific situations.
in your given example ignoring the 45 min poa issue you took a 15 min break at 9.15 this could be a work time infringement as you went over 6 hours with out a break it depends on company policy and how tacho reader is set up as said best avoided. if your on break be on break. As you started at 3 am you would need at least another 15 min break by 12pm and a further 15 before finish at 2 pm or of course you could take a 30 before 12 and that would cover you until finish provided you didn’t break the 6 hour rule.
Not actually true, in this case the driver needs to take a further 30 minutes consisting of periods of at least 15 minutes, essentially at any point, providing the driver does not finish on a break of course.
You do not have to have 30 minutes on the board before 9 hours, only by the end of the shift. Not particularly intuitive, but there you go.
There is no regulation that says you have to have 30 minutes of break before exceeding 9 hours working time, as long as the 6 hour rule and the total shift break requirments are met you’re good to go.
im not sure i get what you mean the 6-9 hour rule has to be fulfilled by or on 9 hours so as he had taken 15 with in the time allowed he needed a minimum of another 15 min by or on 12pm.
As the total shift is more than 9 hours working time, as long as he complies with the 6 hour rule he can take the break/breaks totalling 45 minutes at any time during the shift except the immediate start or end of the shift.
im sure i read that the break(s) for 6-9 had to be taken before 9 or on but now of course i cant find it.
to clarify then if i start at midnight and have a 15 min break at 5am i can have a 30 at 10am and finish at 12 pm
i looked it up because i did something similar the other day as i had a brain ■■■■ and promptly drove past the place i was going to stop for my 30 thinking wow there are lots of spaces. Prat i am
I’m asking because today there was huge traffic which I couldn’t avoid.
I took a break at 9:15 and I will avoid infringement for that, thanks to the 45-minute POA (Period of Availability). I’m sure of that.
Unfortunately, because I could not find a safe place to stop, I had to continue driving and took a break at 12:17 (30 minutes). Now, the question is whether I will get an infringement for that or not. If the 45-minute POA, which I took at 9:15, will extend the 9-hour workday, or it was canceled by the 15-minute break at 9:15 AM, and I had to take it before 12 PM.
You won’t get an infringement for that. The information is above, but to be fair to you the rules are not intuitive. If you finish between 6 and 9 hours, then you do need 30 minutes total. It is the total work you do that you need to be aware of.
In this case your total work was 9.5 hours with 45 minutes POA and 45 minutes break. Total shift length 11 hours. You needed 45 minutes because your work extended past 9 hours.
I should add that working time infringements are not the end of the world. It is perfectly fine to play it the way you see it and collect an infringement or two as you work it out.
Thank you! I checked tachomaster, its nothing there yet, but anyway i think, first i need to do manual entry tommorow to complete my last shift and after that it can appear
The RT(WT)R 2005 states that mobile workers starting before 04:00 are classed as night workers and unless there’s an opt out agreement in place night workers can only work 10 hours in a 24 hour period.
Sadly the regulations don’t say you have to be paid any extra for night work
I remember having to sign something regarding hours before our last pay rise. I know it was an op out thing but can’t remember what it was. It’s probably what you say as I kind of recall saying something about shift allowance before 4am.
