Tacho breaks.
Author
Discussion

Baaaartz

Original Poster:

90 posts

74 months

Wednesday 28th April 2021
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Right I just want to make sure I’m doing it correctly at work, as before I was on the bins trucks so no tacho involved, so this is just for clarification I suppose.

If let’s say I work for 5hours, then take a 15min break, does that allow me to work up until 9 hours when I would need to take 30mins?


For example;

2.30hrs driving - 3hrs other work - 15min break - 2hrs driving - 30min break - resets your 4h30m driving time and 6hrs work directive

Am I doing it something wrong here or is the above example a correct way of taking your breaks?

I have been confused by this as one of the drivers said I need to take a 30minute break before my 6 hours working time is up?

I always though If you take a 15 minute break before the 6 hours is up, you can then work up to 9 hours which then will require another 15minute break minimum or a 30min break which then will count as split break and reset your driving hours?

Edited by Baaaartz on Wednesday 28th April 13:12

Cat

3,134 posts

298 months

Wednesday 28th April 2021
quotequote all
I think you are maybe confusing/conflating driver's hours rules with working time directive rules.

Driver's hours rules mean you must take a 45 minute break after 4.5 hours driving (this can be split 15/30).

Working time rules state after 6 hours work (whether that is driving or other work) you need a break of at least 15 minutes, between 6 and 9 hours a 30 mintue break and over 9 hours a 45 minute break

Baaaartz said:
For example;

3.30hrs driving - 2h other work - 15min break - 2 hours driving - 30 minute break ( which then resets my driving time).

Am I doing it something wrong here or is the above example a correct way of taking your breaks?
In your example you are breaching the driver's hours rules because you are driving for more than 4.5 hours (5.5 hours in the example) without a 45 minute break.

What breaks you need and when will depend on how your work is split between driving and non-driving activities.

Cat

Baaaartz

Original Poster:

90 posts

74 months

Wednesday 28th April 2021
quotequote all
Cat said:
In your example you are breaching the driver's hours rules because you are driving for more than 4.5 hours (5.5 hours in the example) without a 45 minute break.

What breaks you need and when will depend on how your work is split between driving and non-driving activities.

Cat
Sorry that my bad I made an mistake with the example.

It was meant to be 2.30hrs driving - 3hrs other work - 15min break - 2hrs driving - 30min break - resets driving time 4h30min

caley64

127 posts

251 months

Wednesday 28th April 2021
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Would need to double check but think you need 30 mins WTD at/before 6 hours.
Your example definitely breaches driving hour regs.
In that scenario, we would take a 45 min break @ 6 hours to clear both driving hours/working time. Then you are ok as long as you don't work for more than an additional 6 hours/4.5 hours driving.
You could split the 45 mins onto 15 & 30 but not the other way round.

Baaaartz

Original Poster:

90 posts

74 months

Wednesday 28th April 2021
quotequote all
caley64 said:
Would need to double check but think you need 30 mins WTD at/before 6 hours.
Your example definitely breaches driving hour regs.
In that scenario, we would take a 45 min break @ 6 hours to clear both driving hours/working time. Then you are ok as long as you don't work for more than an additional 6 hours/4.5 hours driving.
You could split the 45 mins onto 15 & 30 but not the other way round.
I just updated the example, I made a mistake when I first wrote it.

Chrishum

1,413 posts

97 months

Wednesday 28th April 2021
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I’d suggest you’re massively over complicating the issue.

If your job is more than driving the WTD rules apply as well as the driving rules. We always plan and recommend to our drivers they take a 45 at 6 hours regardless of what made that shift up. It’s worked into the planning.

Some drivers are very good at managing their time and take 15/30 minute breaks never getting an infringement.

Others constantly run late or are missing breaks because they don’t follow the plan and aren’t able to understand what they should be doing. These guys are usually trying to rush the job.

Unless you really need to split your breaks to meet deadlines it’s something that will land you in trouble IME.

Cat

3,134 posts

298 months

Wednesday 28th April 2021
quotequote all
Baaaartz said:
Sorry that my bad I made an mistake with the example.

It was meant to be 2.30hrs driving - 3hrs other work - 15min break - 2hrs driving - 30min break - resets driving time 4h30min
This would be fine.

The document in this link has examples of what is permitted and a flowchart of what breaks are needed when.

Cat

Kiribati268

572 posts

166 months

Wednesday 28th April 2021
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Baaaartz said:
Sorry that my bad I made an mistake with the example.

It was meant to be 2.30hrs driving - 3hrs other work - 15min break - 2hrs driving - 30min break - resets driving time 4h30min
This is fine.

You cannot work more than 6 hours without a break. Only breaks of at least 15mins count. The 30 min before 6 hours is wrong, the rule is you cannot work more than 6 hours without a break.

Then on a 6 - 8:59 hour shift, at least 30 mins total break (either 2x 15min or 1x 30min)
9+ hour shift then 45 min total breaks.

Baaaartz said:
I always though If you take a 15 minute break before the 6 hours is up, you can then work up to 9 hours which then will require another 15minute break minimum or a 30min break which then will count as split break and reset your driving hours?

Edited by Baaaartz on Wednesday 28th April 13:12
Yeah, that's right. I didn't actually know that another break had to be taken before 9 hours, I only thought that proving the 6 hour rule hadn't been broken then it didn't matter. Learn something new everyday!


After the WTD is fullfilled above you can plan your breaks so that they will also reset drive time. 3 x 15 min breaks are fine for WTD, but they will never reset drive time, so if you are going to be over 4.5 hours of driving in a shift you need to ensure it's done as a 15min then 30min break (but not the other way around!). Or you can take the full 45 min in one go, entirely upto you.

When you are thinking about it, the WTD and drive time are split and separate from each other, but breaks count for both and will reset both if done in the correct way.



Edited by Kiribati268 on Wednesday 28th April 18:44

R0G

5,035 posts

184 months

Thursday 29th April 2021
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Your example is legally correct 100%
You only need 15 mins for WTD 6 hour break and for the first driving time break - that 15 mins covers both at the same time

Some companies insist on 30 mins for WTD but that is not the law