w t d

ASK THE EXPERTS SAFETY, LAW AND WORKING TIME DIRECTIVE FORUM (INTE
1

:smiley: Just a quick one not sure on the correct procedure I drove 2 hours yesterday start 18-00 had 3.5 hours poa at nisa, Am i legally required to take my 30 minute break before my 6 hours WTD is up at midnight not come across this before cos usally drive 4-4.5hrs then have my 45
Thanks :bulb:

2

No, any POA & breaks don’t count, only driving & other work. 3.5 hours POA would push WTD break limit to 03.30.

3

No,cause POA counts as ‘rest’ in respect of the WTD.
However if you were on duty for more than 9 hrs and had done less then 4.5 hrs driving then as far as i’m aware,you’d have to show at least 30 minutes on Break (i.e,bed on tacho)

4

baxterlillie2717:
:smiley: Just a quick one not sure on the correct procedure I drove 2 hours yesterday start 18-00 had 3.5 hours poa at nisa, Am i legally required to take my 15 minute break before my 6 hours WTD is up at midnight not come across this before cos usally drive 4-4.5hrs then have my 45
Thanks :bulb:

FTFY

And No.

5

Thanks for confirming my query its wot i thought but was not 100%

6

Bikemonkey:
However if you were on duty for more than 9 hrs and had done less then 4.5 hrs driving then as far as i’m aware,you’d have to show at least 30 minutes on Break (i.e,bed on tacho)

It’s working time which triggers WTD breaks, not duty time. You could have a shift of 9 or more hours but with POA not have 6 hours work so not require a break at all for the WTD. My nightly shift is 8 - 9 hours but the working time part of that is 4 - 4.5 hours, with the rest of the time recorded as POA, so no break required. It’s about 8 months since I last did a shift where I had to record a break for either set of regulations.