wtd

mighty moth:
Has anyone actually seen this in writing, and if so where :question: Because I think he NEEDS TO SEE IT :unamused:
Many thanks :wink:

Hi mighty moth, I’m not disagreeing in any way with tachograph, but you did ask for it in writing and it’s from the law itself, so here goes:

Source: The Road Transport (Working Time) Regulations 2005 Reg.7
A.K.A. Statutory Instrument 2005 No. 639 as said by tachograph

Breaks[/size]
7. - (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.

I’d suggest that your guy has a read of Reg.7(1) above, so that he avoids a possible breach of Reg.7(5) :wink:
That’s to save him having to read the whole lot. :open_mouth:

So mate, IMHO you were right to take the break, just point your guy to Reg.7(1) above as your reason for taking it.
Also IMHO, your guy should have made sure that you took that break, rather than questioning you for having done so. Duh!!

:grimacing: No dissent here Krankee :sunglasses:

Many thanks :wink:

Ok, looking at the letter of the law here…

Breaks
7. - (1) No mobile worker shall work for more than six hours
without a break.

Fine, required to take a break at the 6 hour point, doesn’t say how long here…

(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.

Entitled to 30 minutes, does not mean required to take 30 minutes…

(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.

Again entitled, and not required…

(4) Each break may be made up of separate periods of not less than
15 minutes each…

Aha, now we get a requirement. Each break must be 15 mins or more.
And unless the other rules changed somehow, it means I can still take my breaks in 15min+ chunks when I like, right? Seeing as tacho regs are still likely to require me to take mandated breaks that meet these requirements.

Or am I doing a good muppet impression here?

allikat unfortunately the UK government have decided to confuse matters by not sticking to the wording of the “EU Directive 2002/15/EC” quoted below.

As the minimum break that counts is 15 minutes, that has to be the minimum requirement for the 6 hour rule.

In DIRECTIVE 2002/15/EC (WTD) is:
Article 5
Breaks

  1. Member States shall take the measures necessary to
    ensure that, without prejudice to the level of protection
    provided by Regulation (EEC) No 3820/85 or, failing that, by
    the AETRAgreement, persons performing mobile road transport
    activities, without prejudice to Article 2(1), in no circumstances
    work for more than six consecutive hours without a
    break. Working time shall be interrupted by a break of at least
    30 minutes, if working hours total between six and nine hours,
    and of at least 45 minutes, if working hours total more than
    nine hours.

And unless the other rules changed somehow, it means I can still take my breaks in 15min+ chunks when I like, right? Seeing as tacho regs are still likely to require me to take mandated breaks that meet these requirements.

If you mean that the 45 minute tacho break will count for the WTD breaks, yes they will, If you have the 15 minute tacho break at 6 hours or before then it will count as the 6 hour rule break as well as the first part of the driving break, so you would then need to have a 30 minute break before doing more than 4.5 hours driving.