Do you have the right to have a dinner break at work?

Question

Do you have the right to have a dinner break at work?

Answer 1

Current Rules New Rules from 11 April 2007

Daily Driving 9 hours. Can be extended to 10 hours twice a week. No change.

Weekly Driving There is currently no weekly driving limit specified in legislation. A weekly driving time limit of 56 hours is specified in the new rules.

Fortnightly driving Maximum 90 hours driving per fortnight. Maximum 90 hours in any two consecutive weeks.

Breaks from driving 45 minutes break on or immediately following 4 ½ hours cumulative driving. The 45 minute breaks can be broken down into breaks of at least 15 minutes each. After four and a half hours driving, a driver must take a break of at least 45 minutes. The break is a period during which the driver may not perform other work and is exclusively used for recuperation. This break may be split into smaller periods and distributed throughout the 41/2 hour. In this case, the first period must be at lest 15 minutes, and the second period must be at least 30 minutes.

Daily rest 11 hours in the 24 hour period commencing at the end of the last daily or weekly rest period. This may be reduced to a minimum of 9 hours no more than three times per fixed week.

Daily rest may be taken in a vehicle as long as it is fitted with a bunk and is stationary. Reductions must be compensated before the end of the following week and attached to another rest period of at least 8 hours. 11 hours in the 24 hour period commencing at the end of the last daily or weekly rest period. This may be reduced to 9 hours no more than three times between any two weekly rest periods. There is no compensation required.

Where a driver chooses to take daily rest periods away from base, they may be taken in a vehicle provided that there are suitable sleeping facilities for each driver and the vehicle is stationary

Split Daily rest May be made up of 2 or 3 periods totaling 12 hours. Each period must be no less than 1 hour, with the last period being 8 hours. The 12 hour rest period can be taken in two periods. The first period must be at least 3 hours, and the second at least 9 hours.

Weekly Rest At least 45 consecutive hours which can be reduced to 36 hours at base or 24 hours away from base. This must be taken after no more then 6 successive periods of 24 hours following the last weekly rest period (provided the total driving time does not exceed the maximum corresponding to six daily driving periods).

Reductions must be taken en bloc before the end of the third week following the week of reduction, and attached to another rest period of at least 8 hours long. Compensation shall be taken at the vehicle or driver’s base at the driver’s request. A weekly rest that begins in one week and continues in the following week may be attached to either of these weeks. Within six 24 hour periods from the end of the last weekly rest period, a driver will extend a daily rest period into either; a regular weekly rest period of at least 45 hours, or a reduced weekly rest period of less than 45 hours but at least 24 hours.

In any two consecutive weeks, a driver shall take at least two regular weekly rest periods, or one regular weekly rest period and one reduced weekly rest period of at least 24 hours. However, the reduction shall be compensated by an equivalent period of rest taken en bloc before the end of the third week following the week in question.







thats if your from the uk lol

Answer 2

I am assuming you are in Europe somewhere. Here are the HGV Rules and Regs.

You might peruse them to see if there are any violations.

Answer 3

This is illegal . If his vehicle has a tachograph and he was pulled over for an inspection as often happens he could be in trouble for not having rest breaks etc. When stuck in traffic if your engine is still running it is not classified as a break. The main problem is his employers will take advantage of their drivers like this to get the maximum of deliveries at the lowest possible cost knowing that not many drivers would make a lot of fuss or they would be sacked, and they want to keep their jobs, so the firm gets away with it and they know it.

Answer 4

Hi Hun, I work for a company that has 30 HGV drivers and its against the law to not have a break when your driving. He doesnt get paid for his break time, even if he hasnt had it.. His tachograph is meant to show that he hasnt had a break. Tacho graphs are legal documents and are meant to be sent away every few months to be checked, so i think something dodgy is going on.

The legal break time is: up to 9 hours-min of 30mins, 9 hours and over- min of 45mins and over 12 hours its illegal to take less than an hour. I suggest he goes to see a legal brain and then confront his boss once he knows where he stands. I can garentee he soon gives him a break when he knows your fellas on his case. xxxx hope that helps. xx

Answer 5

I'm not sure what country you live in as HGV-Travis Perkins does not ring a bell.



Being charged break time while being stuck in traffic is absolutely B.S. and in California would not hold water.



You need to ask an employment attorney if this crap is legal, I doubt it is and the driver may be elligible for back-pay for all the time he/she lost while stuckm in traffic; as this is working and nothing more.



You need to deal with it but it is the drivers choice as it is thier job.



Good luck

Answer 6

Ask your husband to check the legal postings in his work place for something called a Wage Order for the transportation industry. Should be a poster-sized paper....in the middle will be a subheading titled Meal and Rest periods. That will outline the requirements for your industry.



You can also check with the Department of Labor: http://www.dol.gov/



The regulations for drivers are changing due to safety concerns, so keep checking the web site for more info. Best of luck.

Answer 7

That depends completely upon where you live. If it's a Right to Work State, he may not have the right to one.

Answer 8

By what you say he isn't driving a HGV as he wouldn't be able to do any of the things you have just described without tampering with his vehicles tachograph

Answer 9

no you are meant to have at least 15 minutes of break every 4 hours this is a legal requirement, especilally if driving. although a dinner break outside of the legal requirements is at the employers discression

Answer 10

Yes, you are entitled to 30 minutes break, but not necessarily paid.

Answer 11

I would have thought the answer is YES. If a HGV driver causes an accident due to hunger, fatigue etc the first thing checked is the tachograph, which tells the police when any stops were made if none taken his company can be held responsible for overworking him. Tell him to work things out with his boss and demand more time for breaks and food.

Answer 12

Course - he should!