I have a question I was wondering if someone could clear up. As we all know the regulations are
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.
Now several people are saying to me that by 9 hours working time you should have taken 30 minutes break. I’m convinced they are getting muddled with the working hours totalling between 6 and 9 hours part. My interpretation is that after taking a break you then start a 6 hour countdown until you need another, and that as long as you take sufficent breaks (and lets face it there is going to be a 45 in there) and never work more than 6 hours without one you are ok.
Example
1200 on duty
1200-1230 30min work
1230-1430 2hour driving
1430-1630 2hour work
1630-1645 15min break
1645-1730 45min driving
1730-1930 2hour work
1930-2030 1hour driving
2030-2130 1hour work
2130-2215 45min driving
2215-2245 30min break
2245-0045 2hour driving
0045-0115 30min work
0115 end duty
So you’ve done a 13.25 hour day interrupted by 45 minutes of breaks taken in accordance with the Driving hours rule. And because our theoretical driver split his break he had a 15minute break after 4.5hours work with a 30 minutes break 5.5 hours later with a 2.5hour duty period until end of shift. As far as I can see that is totally legal. The chaps I was debating with are saying that because at 2100 9 hours into the shift he only has 15minutes of break logged that is illegal. When I ask them to show me this in the regulations they point to " 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." They back the theory up with infringements they have had for not having said breaks, but the infringement says working for six hours without a break. So experts who has the right of this?
You are correct, if your working time is over 9 hours you should have a break/breaks totalling 45 minutes interrupting the working time, the only part of that break that needs to be before 9 hours working time are reached is the 15 minutes for the 6 hour rule.
The working time break regulations are worded slightly differently in “The Road Transport (Working Time) Regulations 2005”, you can see from the quote bellow that the rules state that the 30 minutes are required only if your working time does not exceed 9 hours.
In the quote bellow you can see from 7 (2) that which rule applies is either 7 (2) or 7 (3) not both.
Breaks
-
- (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…
(5) An employer shall take all reasonable steps, in keeping with the
need to protect the health and safety of the mobile worker, to ensure
that the limits specified above are complied with in the case of each
mobile worker employed by him.
You’re welcome 
By the way if your colleagues are misunderstanding what their infringements are for something is obviously going wrong, the company you drive for have a responsibility to make them aware of what they’re doing wrong so they can avoid making the same mistakes in future, that’s the whole purpose of signing for infringements.
It looks like either the company are not explaining the infringements correctly or your colleagues are misunderstanding what they’re being told, either way they aren’t likely to avoid making the same mistakes again if they don’t understand what they’re getting infringements for.
You work with trumpets, which is always good to know so you can take the necessary steps when dealing with them.
tachograph:
You’re welcome
By the way if your colleagues are misunderstanding what their infringements are for something is obviously going wrong, the company you drive for have a responsibility to make them aware of what they’re doing wrong so they can avoid making the same mistakes in future, that’s the whole purpose of signing for infringements.
It looks like either the company are not explaining the infringements correctly or your colleagues are misunderstanding what they’re being told, either way they aren’t likely to avoid making the same mistakes again if they don’t understand what they’re getting infringements for.
I think it is a case of they are not understanding what they have been told. There has been a bit too much emphasis on making sure you have a break within the first six hours and people are forgetting you need to keep in mind not to work more than six hours. I tell anyone who asks me about it to think of it as wiping the slate, you’ve done your break now you have six hours until you need another. The company do do their best to ensure compliance and any questions are answered, however there isnt much to be done about someone who just signs a piece of paper whithout understanding it and doesn’t ask.