Driving & rest breaks question

kevin0410

Paradigm wrote: »

So that complies then.. that'll be why you don't get any infringements

yeah, it was another poster spouting wrong info about having to have a 30min break after 6 hours work that led to me saying i don't get infringement for only having a 15 min break.

Paradigm

kevin0410 wrote: »

yeah, it was another poster spouting wrong info about having to have a 30min break after 6 hours work that led to me saying i don't get infringement for only having a 15 min break.

I know, you just confused me a little with this "only have 15 mins break during the first 8 hours".

Just for the record... you have to have a break before (not after) 6 hours is completed, which you do, & this break can be 15 mins as yours is. Perfectly legal

Notmyrealname

kevin0410 wrote: »

sorry, but you're wrong.
Either that or the tachographs on our fleet are all faulty, as i never get infringements and only have 15 mins break during the first 8 hours!

REally?

http://www.dft.gov.uk/adobepdf/165226/workingtimeguidance.pdf

5.4 Breaks
The European drivers' hours rules require that after 4½ hours driving, a driver must
take a break of at least 45 minutes. This break may be replaced by a break of at least
15 minutes followed by a break of at least 30 minutes each distributed over the period.
The break requirements under the Regulations will affect workers who do a mixture
of driving and non-driving work. The rules on breaks will also apply on days when
the mobile worker is not travelling.
Where mainly driving work is undertaken it is possible that working time breaks may
be satisfied by breaks from driving taken under the European drivers' hours rules,
therefore break requirements under the working time Regulations may be more likely
to affect workers who do a mixture of driving and non-driving work.
The Regulations require that:
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.

It isn't the wrong info at all. You merely work for a !!!! end who ignores or is ignorant of the RTD.

Paradigm

Errrrr, have you missed this bit?

i have a 15 min break after 4 hours work and then a 30 after about 8 hours work. I don't exceed 4.5h driving

Notmyrealname

Paradigm wrote: »

So that complies then.. that'll be why you don't get any infringements

However I think he is lying because he suddenly said he does that once he realised he'd dropped a bollok.

Paradigm

Notmyrealname wrote: »

However I think he is lying because he suddenly said he does that once he realised he'd dropped a bollok.

I don't think so. I read it wrong like you have

as i never get infringements and only have 15 mins break during the first 8 hours!

The key word highlighted! As long as he takes a break of a minimum 15 mins before 6 hours of work is completed then he is totally legal.

SailorSam

Are we only talking about lorries. On the Cabs i would have thought about 60hrs a week was pretty normal and some drivers would do 7 days from early morning until the pubs shut.

Paradigm

SailorSam wrote: »

Are we only talking about lorries. On the Cabs i would have thought about 60hrs a week was pretty normal and some drivers would do 7 days from early morning until the pubs shut.

Mainly trucks, they have tachographs to monitor hours worked, breaks etc. I don't see how anyone could successfully keep track of a cab drivers hours, particularly self employed cabbies.

gilbert_and_sullivan

Kevin's first post was misleading, if only 15 minutes was taken up to 8 hours then definately into infringement territory.

In order to take advantage of the relatively recent 15 minutes during the first 6 hours allowance, the 15 minute break MUST be completed before 6 hours elapses from start time or it will need to be a 30 minute break...the next break which must be 30 minutes must be completed before a total of 9 hours passes.
(if you started break at 5hr 20 mins the break would need to be 30 minutes)

The above is to keep within WTD restrictions only, and may or may not coincide with the statutory breaks required for driving time.

Its high tme they shifted the goal posts again...the enemy have almost got their heads round the last set of changes..;).

Paradigm

gilbert_and_sullivan wrote: »

Kevin's first post was misleading, if only 15 minutes was taken up to 8 hours then definately into infringement territory.

Not if it was taken before the end of 6 hours work...if working over 6 hours (up to 9) then another break would have to be taken.

gilbert_and_sullivan wrote: »

In order to take advantage of the relatively recent 15 minutes during the first 6 hours allowance, the 15 minute break MUST be completed before 6 hours elapses from start time or it will need to be a 30 minute break...

A break must be taken before 6 hours, not doing so & working 6+ hours then taking 30 mins does not comply with the regs.

gilbert_and_sullivan wrote: »

the next break which must be 30 minutes must be completed before a total of 9 hours passes.

If working between 6 & 9 hours then 30 mins break is required in total. If you have a 15 mins break before 6 hours work (as you must) then another 15 mins is needed before 9 hours (15+15=30)

If working for longer than 9 hours then a total of 45 mins break is needed. Assuming you have already had 2 x 15 as above then another 15 mins is legal (3 x 15=45)

gilbert_and_sullivan wrote: »

Its high tme they shifted the goal posts again...the enemy have almost got their heads round the last set of changes..;).

I'm glad you said "almost"