Introduction - WTD Breaks
The UK's Working Time Directive dictates how long workers are allowed to work without a break, and the minimum length breaks must be. The WTD applies to all workers in the UK, but Drivers must pay particular attention, since the transport industry is the only sector where recording working time to the minute is a legal requirement, with heavy penalties for failure!
WTD Breaks: When must breaks be taken?
According to the WTD, it is illegal to work for more than 6 hours without a break. This includes all sorts of work, not just driving.
Drivers' Hours Regulations
It's worth bearing in mind that Drivers on the UK's roads must also adhere to the EU's Drivers' Hours regulations too. These stipulate that a 45-minute break is required after every 4.5 hours of driving. This break can also be split into one 15-minute (minimum) break, and a 30-minute (minimum) break, both of which must be taken after the 4.5 hours of driving have been completed.
WTD Breaks: Minimum Length
All WTD breaks must be a minimum of 15 minutes long, but the total required break time depends on how long the Driver's shift is.
- For Drivers working 6 hours, 15 minutes of break is required.
- For Drivers working between 6 and 9 hours, 30 minutes of break is required.
- For Drivers working over 9 hours, 45 minutes of break is required.
Whether a break is taken to comply with the WTD, or with EU Drivers' Hours regulations, it counts towards both rule-sets. For night work, drivers must not exceed 10 hours of working in any 24-hour period. That means, when 10 hours of driving have been clocked, they cannot drive again for another 14 hours. Night time is classed as the period between midnight and 4am for goods vehicles and 1am to 5am for Passenger Carrying Vehicles (PCVs).
Does POA count as a break?
Tachographs have a setting that allows drivers to record their time as a Period Of Availability. Here's a quick overview of what that actually means:
- POA can be used when Drivers have to wait a predefined amount of time, and are personally aware of the time the wait will be over. This includes travelling as a passenger during their work.
POA is considered legal break time in many EU countries, but not in the UK. Under the UK's WTD, POA is neither a break nor working time. It won't add to Drivers' daily or weekly hour limits, but also isn't classed as a break.
This can cause issues for Drivers because most tachographs are manufactured in the EU, and are therefore programmed to record POA as a break where technically none has been taken. When a tachograph is set to POA for over 45 minutes, it can reset the driving time on the tachograph display - making it easy to miscalculate any subsequent breaks.
As a result, most drivers only use POA if they are keen to maximise the amount of daily/weekly hours they can work, and are mindful of the risk.
Conclusion: WTD Breaks
In conclusion, whether you do lots of non-driving work, or very little, it's important to consider the Working Time Directive, and how frequently you may require WTD breaks to ensure compliance. By understanding WTD breaks, EU Drivers' Hours, and the limitations of POA, drivers can ensure compliance and avoid penalties. Remember, prioritising rest periods is crucial for safety and long-term well-being.
Further Reading - WTD Breaks
If you've found our guide to WTD breaks helpful, you might find these other articles about breaks and the WTD useful.
