Hi Guys
I’d like to treble check whether, after working 6 hours, its a mandatory 15 minute or 30 minute break. The information I have states ^ hours equals 30 minutes but I dont believe this is correct. Can anyone else help?
Either 15 mins BEFORE your 6 hours is up or 30 mins @ 6hrs working.
If you have 15 before your 6 hours is up say after 4 hours you could then carry on until 9 hours (from your start time) And then you’ll legally have to take 30 mins (providing you haven’t already reached 4.5hrs driving) to make the 45 mins total as required under the driving regs of 45 mins total bereak after either 4.5hrs driving or working 9 hours which ever comes first.
jellymantrucker:
I’d like to treble check whether, after working 6 hours, its a mandatory 15 minute or 30 minute break. The information I have states ^ hours equals 30 minutes but I dont believe this is correct. Can anyone else help?
You need to start a 15 minute break before exceeding 6 hours working time.
If your total working time is more than 6 hours but not more than 9 hours you need to have a total of 30 minutes break/breaks during the shift.
OR
If your total working time is more than 9 hours you need a total of 45 minutes break/breaks during the shift.
Breaks for the RT(WT)R can be taken in segments of no less than 15 minutes each.
For instance, if you start work at 06:00 and you’re total working time is 14 hours you could start a 15 minute break at 12:00 then work until 18:15 before having another 15 minute break, you would then need another 15 minute break before finishing work but not at the immediate end of the shift.
(Obviously this is assuming that you don’t reach 4.5 hours driving time)
Breaks for the RT(WT)R must interrupt the total working time so cannot be at the immediate start of finish of the shift.
Driving breaks also count as breaks for the RT(WT)R and vice versa where the breaks are of appropriate length.
The Road Transport (Working Time) Regulations 2005
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…
xichrisxi:
Either 15 mins BEFORE your 6 hours is up or 30 mins @ 6hrs working.
If you have 15 before your 6 hours is up say after 4 hours you could then carry on until 9 hours (from your start time) And then you’ll legally have to take 30 mins (providing you haven’t already reached 4.5hrs driving) to make the 45 mins total as required under the driving regs of 45 mins total bereak after either 4.5hrs driving or working 9 hours which ever comes first.
You can take 15 mins after 6 hrs, no need to take a 30 min break.
As long as you have breaks totalling 30 mins or more by the 9th hour of working…you are legal. So you can take 15 mins after 6…then another 15 mins after 8 and you are compliant.
DonutUK:
As long as you have breaks totalling 30 mins or more by the 9th hour of working…you are legal.
If working more than 9 hours then there is no requirement to take the second 15 min break at or before the 9 hour work point
DonutUK:
xichrisxi:
Either 15 mins BEFORE your 6 hours is up or 30 mins @ 6hrs working.
If you have 15 before your 6 hours is up say after 4 hours you could then carry on until 9 hours (from your start time) And then you’ll legally have to take 30 mins (providing you haven’t already reached 4.5hrs driving) to make the 45 mins total as required under the driving regs of 45 mins total bereak after either 4.5hrs driving or working 9 hours which ever comes first.You can take 15 mins after 6 hrs, no need to take a 30 min break.
As long as you have breaks totalling 30 mins or more by the 9th hour of working…you are legal. So you can take 15 mins after 6…then another 15 mins after 8 and you are compliant.
If your total working time is more than 9 hours you don’t need to have 30 minutes of break by 9 hours working time.
You only need to have had 30 minutes of break by the time you reach 9 hours working time if you’re not going to do more than a total of 9 hours working time.
If you manage 9 hours other work before your 4.5hrs driving is up you are not a hgv driver
xichrisxi:
If you manage 9 hours other work before your 4.5hrs driving is up you are not a hgv driver
Why’s that then ■■
It’s quite incredible that even despite the advent of Driver CPC, this question probably is the most frequently asked legal question on the Forum.
Would it not be possible just to combine ROG’s and Tachographs replies and then just post it as a default question so that we could move on to some really serious stuff like the DVSA’s interpretation of Double Crewing Rest limits and The proposal to prosecute Regular Weekly Rest away from base!!!
Maigret:
It’s quite incredible that even despite the advent of Driver CPC, this question probably is the most frequently asked legal question on the Forum.Would it not be possible just to combine ROG’s and Tachographs replies and then just post it as a default question so that we could move on to some really serious stuff like the DVSA’s interpretation of Double Crewing Rest limits and The proposal to prosecute Regular Weekly Rest away from base!!!
It’s already a sticky .
thanks very much all…!!