2hrs Work
1hr Drive
15 min break
3hrs Work
15 min break ( first 6hrs work & breaks )
3hrs Drive
45 min break ( 9 hour shift plus a further break of 45 )
Why the extra 30 mins of breaks
This is legal -
2hrs Work
1hr Drive
3hrs Work
15 min break ( first 6hrs work & breaks )
3.5 hrs Drive
30 min break - at this point it will reset driving time and has complied with ALL the WTD break rules
Because that’s what it says on the gov.uk website, look at the table on page 9
Directive 2002/15/EC
Working time (including driving)
Working time must not exceed average
of 48 hours a week (no opt out)2
Maximum working time of 60 hours in one week (provided average not exceeded)
Maximum working time of 10 hours if night work performed3
Breaks4
30 minute break after 6 hours working 45 minute break after 9 hours working
Rest
The working time break is the opposite of drivers breaks, the 30 mins must be taken first because it covers the first 6 hours, which could be the longest part of a shift other wise you could be working an 8 hour shift on a 15 min break
The minimum TOTAL breaks needed for the length of working time in a shift are -
30 mins if the working time is between 6 & 9 hours
OR
45 mins if the working time is over 9 hours
You are confusing that rule with the 6 hour working time break rule
Are you now clear that there are TWO separate rules
Grumpy Dad:
I don’t have them confused and I’m fully aware there are two sets of rules
Then if you have not confused them please tell me what is legally wrong with the example I posted
2hrs Work
1hr Drive
3hrs Work
15 min break ( first 6hrs work & breaks )
3.5 hrs Drive
30 min break - at this point it will reset driving time and has complied with ALL the WTD break rules
Grumpy Dad:
I don’t have them confused and I’m fully aware there are two sets of rules
Then if you have not confused them please tell me what is legally wrong with the example I posted
2hrs Work
1hr Drive
3hrs Work
15 min break ( first 6hrs work & breaks )
3.5 hrs Drive
30 min break - at this point it will reset driving time and has complied with ALL the WTD break rules
How can the gov.uk site be wrong then, best someone inform them
If a duty lasts up to six hours you are entitled to a 15 minute break.
If your duty lasts between 6 and 9 hours you must take breaks totaling 30 minutes.
If your duty lasts over 9 hours you must take breaks totaling 45 minutes.
You must take a 15 minute break at or by the end of the 6th hour with a further 15 minutes at or by the end of the 9th hour to satisfy the rule.
A further 15 minute break is required if the duty lasts over 9 hours.
If a duty lasts up to six hours you are entitled to a 15 minute break.
If your duty lasts between 6 and 9 hours you must take breaks totaling 30 minutes.
If your duty lasts over 9 hours you must take breaks totaling 45 minutes.
You must take a 15 minute break at or by the end of the 6th hour with a further 15 minutes at or by the end of the 9th hour to satisfy the rule.
A further 15 minute break is required if the duty lasts over 9 hours.
Annexe 2 of the GV262 clearly states this.
There’s no legal requirement to have a break unless the working time exceeds 6 hours.
You only need breaks totalling 30 minutes by 9 hours working time if your total working time is not going to exceed 9 hours.
Duty time doesn’t enter the equation, the breaks are calculated on how much working time is done.
