Whos right about wtd me or them

my employer has give me an infingement for working more than 6hrs without a break.

I started at 1330 and put it on break for 48mins at 1845.my break finished at 1935.in my eyes tnat covered me for wtd and driving hours. I drove back finishing at 01.55. Which they say gave me 6hrs2min duty time and should have had another 30mins break.i cant find anywhere that said you have to have 30mins break after every 6hours of duty. Can any one point me to a link so i can prove them wrong

Its your return bit 6 hours 20 mins, it says in the wtd no worker shall work more than 6 hour without a break. A break is deamed to be 15 mins.
You made a small elimentary error, move on lol

Can’t see anything wrong with that myself.

Really ■■■■■■ me off when people tell me I have to take a 30min break for every 6 hours working!

The wording in the regs states a driver may not work more than 6 consecutive hours without taking a break.

So it looks like they are mate.

I think you may find it says for every 6 - 9 hours worked you need a break.

scojo72:
…Can any one point me to a link so i can prove them wrong

Sorry but nope. Mighty big pdf - Annex 2, page 43

To save you downloading the whole lot:

“…Breaks: — Mobile workers must not work more than 6 consecutive hours without taking a break. — If your working hours total between 6 and 9 hours, working time should be interrupted by
a break or breaks totalling at least 30 minutes.
— If your working hours total more than 9 hours, working time should be interrupted by a break
or breaks totalling at least 45 minutes.
— Breaks should be of at least 15 minutes’ duration.…”

Edit: Doesn’t say anything about going over 12hrs though (past 0130). Might only be shy of a 15 min break, so they could be wrong on that point. :laughing:

Its also in the wrong Forum,which may give ya a second Infringement :bulb:

scojo72:
my employer has give me an infingement for working more than 6hrs without a break.

I started at 1330 and put it on break for 48mins at 1845.my break finished at 1935.in my eyes tnat covered me for wtd and driving hours. I drove back finishing at 01.55. Which they say gave me 6hrs2min duty time and should have had another 30mins break.i cant find anywhere that said you have to have 30mins break after every 6hours of duty. Can any one point me to a link so i can prove them wrong

No worker should work more than 6 hours without a break of at least 15 minutes, so as you worked for 6 hours and 20 minutes I’m afraid they are almost correct and you will just have to accept the infringement.

The break requirement for the 6 hour rule is 15 minutes not 30 minutes, so you should have had a 15 minute break no later than 01:35.

Saaamon:
Really ■■■■■■ me off when people tell me I have to take a 30min break for every 6 hours working!

I know what you mean, it’s a 15 minute break not a 30 minute break :wink:

Imp:
Its your return bit 6 hours 20 mins, it says in the wtd no worker shall work more than 6 hour without a break. A break is deamed to be 15 mins.
You made a small elimentary error, move on lol

That just about covers it

scojo72:
i cant find anywhere that said you have to have 30mins break after every 6hours of duty.

Ah, but can you find anything that says the break requirements only apply to the first 6 hours of work in a shift? If it doesn’t say that, and it doesn’t, then it is any period of 6 hours work. Note it is work that triggers the WTD break not duty. You could do a shift of say 8 or 9 hours with less than 4.5 hours driving and with POA not require a break for either regulations.

scojo72:
Can any one point me to a link so i can prove them wrong

No, because they are right, well apart for the 30 minute thing, it’s 15 minutes for 6 hours.

Saaamon:
Can’t see anything wrong with that myself.

Really ■■■■■■ me off when people tell me I have to take a 30min break for every 6 hours working!

Me too, surely everyone should know by now it’s 15 minutes for every 6 hours.

Coffeeholic:

Saaamon:
Can’t see anything wrong with that myself.

Really ■■■■■■ me off when people tell me I have to take a 30min break for every 6 hours working!

Me too, surely everyone should know by now it’s 15 minutes for every 6 hours.

surely it can’t be 15mins for every 6 hours as it states after 9 hours a break should be 45mins
as posted earlier in thread:

— If your working hours total more than 9 hours, working time should be interrupted by a break
or breaks totalling at least 45 minutes.

so at 6 hours 15 min minimum then at 9 hours 30 min :question: :question:

Foxstein:

Coffeeholic:

Saaamon:
Can’t see anything wrong with that myself.

Really ■■■■■■ me off when people tell me I have to take a 30min break for every 6 hours working!

Me too, surely everyone should know by now it’s 15 minutes for every 6 hours.

surely it can’t be 15mins for every 6 hours as it states after 9 hours a break should be 45mins
as posted earlier in thread:

— If your working hours total more than 9 hours, working time should be interrupted by a break
or breaks totalling at least 45 minutes.

so at 6 hours 15 min minimum then at 9 hours 30 min :question: :question:

You could do that, or for the Working Time Regulations you could have 3 separate 15 minute breaks, or you could have a single 45 minute break at or before 6 hours working time as long as it won’t mean you working more than 6 consecutive hours without a break at any time during the working day.

The RT(WT)R stipulates that at any time during the day your working time should not exceed 6 hours without having a break of at-least 15 minutes.

If your total working time is more than 6 hours but not more than 9 hours you should have break/breaks totalling at-least 30 minutes.

If your working time is more than 9 hours you should have break/breaks totalling at-least 45 minutes.

These breaks may be split into parts of no less than 15 minutes each.

Foxstein:

Coffeeholic:

Saaamon:
Can’t see anything wrong with that myself.

Really ■■■■■■ me off when people tell me I have to take a 30min break for every 6 hours working!

Me too, surely everyone should know by now it’s 15 minutes for every 6 hours.

surely it can’t be 15mins for every 6 hours as it states after 9 hours a break should be 45mins
as posted earlier in thread:

— If your working hours total more than 9 hours, working time should be interrupted by a break
or breaks totalling at least 45 minutes.

so at 6 hours 15 min minimum then at 9 hours 30 min :question: :question:

No, nothing to stop you doing that but not legally required.

While it’s true you need 45 minutes of break for more than 9 hours work there is no requirement to have a break at the 9 hour point, it doesn’t say that. Section 7 defines the breaks and Section 7 (2) is for work between 6 and 9 hour while section 7(3) is for work of more than 9 hours. EU regulations are hierarchical so one section can cancel the previous and that is the situation here. Less than 9 hours and you use 7(2) but more than 9 hours and 7(2) no longer applies and you just use 7(3). You don’t apply both 7(2) and 7(3) to a situation with more than 9 hours work.

Example.

06:00 start shift.

6 hours working time.

12:00 15 minute break.

6 hours working time.

18:15 15 minute break.

2 hours working time.

20:30 15 minute break.

15 minutes working time

21:00 finish shift

Section 7 (2) doesn’t apply to the above because there is more than 9 hours working time so that is ignored. It fully meets the requirements of Section 7(1), no more than 6 hours work without a break. Section 7 (3) break of at least 45 minutes interrupting the shift. That’s why the last break could not be taken to finish the shift, there has to be some work after the break or it isn’t interrupting the shift, and Section 7(4) The break is made up of separate periods of at least 15 minutes.

There is nothing in the WTD regulations that would require a break at 15:15, 9 hours working time, in the above.