WTD - Working over 12 hours

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

So…

I’m fully aware of the rules as to you when you need to take your 30 minute break for 6 hours work and then
another 15 minutes for working between 6 - 9 hours. Do I need to take another 15 minute break if I work over
12 hours or is 45 minutes break sufficient?

I work in removals so I don’t always spend the day driving.

Many thanks.

2

as long as your 3/4 hr break straddles the 6 hour mark so both parts are 6hours or less then yes ok
I do and have had no come back

3

helisellson:
I’m fully aware of the rules as to you when you need to take your 30 minute break for 6 hours work and then
another 15 minutes for working between 6 - 9 hours. Do I need to take another 15 minute break if I work over
12 hours or is 45 minutes break sufficient?

I work in removals so I don’t always spend the day driving.

For the 6 hour rule you should not work more than 6 hours working time before having a break of at-least 15 minutes, there’s no legal requirement for a 30 minute break for the 6 hour rule.

If you’re working more than 9 hours there’s no legal requirement to have another 15 minute break before exceeding 9 hours working time.

If you work over 9 hours you should have breaks totalling at-least 45 minutes, this break can be taken in segments of at-least 15 minutes each, at no time should you work more than 6 hours without a break of at-least 15 minutes.

The rules for the working time breaks.

No worker should work more than 6 hours without a break of 15 minutes. (commonly known as the 6 hour rule)
So the rule for the 6 hour rule is:
A 15 minute break should start

  • No later than 6 hours working time from the start of the shift
    And
  • No later than 6 hours working time since the end of the last break.[/list:u][/list:u]

Total breaks in each shift should be:

Up-to 6 hours working time.

  • No break is legally required.

If the total working time in the shift is more than 6 hours but not more than 9 hours.

  • A total break/breaks of 30 minutes is required, this can be taken in 2 parts of 15 minutes each and at-least 15 minutes of the 30 minute break should be taken before going over 6 hours working time.

Or (You are legally required to comply with either the rule above, or the rule bellow but not both)

If the total working time in the shift is more than 9 hours.

  • Total break/breaks should be at-least 45 minutes and at no point in the shift should you do more than 6 hours working time before having a break of at-least 15 minutes.
  • So for the 6 hour rule a 15 minute break should be taken
  • No later than 6 hours working time from the start of the shift
  • And*
  • No later than 6 hours working time since the end of the last break.
    [/*:m][/list:u]

Breaks for the working time regulations (RT(WT)R 2005) can be split into separate breaks of at-least 15 minutes each and cannot be taken at the immediate start or end of the shift.
Driving breaks count as breaks for the RT(WT)R and where appropriate breaks for the RT(WT)R count as driving breaks.

4

I’ve worked a couple of shifts and have gone just over the second 6 hours before having a 15 minutes break, am I likely
to get a hefty fine if pulled by the DVSA?

5

helisellson:
I’ve worked a couple of shifts and have gone just over the second 6 hours before having a 15 minutes break, am I likely
to get a hefty fine if pulled by the DVSA?

No you won’t get fined because the DVSA don’t bother much with the WTD, you probably will get infringements from your employer though.

6

tachograph:

helisellson:
I’ve worked a couple of shifts and have gone just over the second 6 hours before having a 15 minutes break, am I likely
to get a hefty fine if pulled by the DVSA?

No you won’t get fined because the DVSA don’t bother much with the WTD, you probably will get infringements from your employer though.

Thanks, and thanks for the information.

You’ve been a great help