I think I have cocked up with this, I usually don’t have any drama.
Scenario.
I started at 19.30 after some work and a 3hr drive I get to Dartford at 00.18am. Have 20min break work until 01.29am have 20 mins break. I move my lorry and at 02.05am start 45mins break to reset driving time.
Is this legal or should I expect an infringement for less than 30mins break within first 6hrs of my shift?
briscoe05:
I think I have cocked up with this, I usually don’t have any drama.
Scenario.
I started at 19.30 after some work and a 3hr drive I get to Dartford at 00.18am. Have 20min break work until 01.29am have 20 mins break. I move my lorry and at 02.05am start 45mins break to reset driving time.
Is this legal or should I expect an infringement for less than 30mins break within first 6hrs of my shift?
Regards,
Confused Briscoe
Since no one has ever been done for breaching the WTD, I wouldn’t worry about it to much!
briscoe05:
I think I have cocked up with this, I usually don’t have any drama.
Scenario.
I started at 19.30 after some work and a 3hr drive I get to Dartford at 00.18am. Have 20min break work until 01.29am have 20 mins break. I move my lorry and at 02.05am start 45mins break to reset driving time.
Is this legal or should I expect an infringement for less than 30mins break within first 6hrs of my shift?
Regards,
Confused Briscoe
You don’t need 30 minutes at that point, 15 minutes is fine.
You actually had 30 minutes of break before exceeding 6 hours. 19:30 - 01:29 is 5 hours 59 minutes and 2x 20 minute breaks = 40 minutes.
However, it’s not 6 hours from the start of the shift anyway, it’s before exceeding 6 hours of work (driving and other work). When you started your second 20 minute break you were only at 5 hours 39 minutes work because the first 20 minute break moved the 6 hours of work point forward 20 minutes. You could work 3 hours, take 3 hours POA, and then work another 3 hours, and provided you hadn’t reached 4.5 hours driving, you would be 9 hours into the shift before the regulations required you to take a break.
You are 100% legal, based on the information given, and you had 35 minutes more break than was actually required to satisfy the regulations. The second 20 minute break isn’t needed for the regs and 30 minutes, instead of the 45 you took, would have done to give you another 4.5 hours driving