Split breaks for drivers are one of the most frequently misunderstood elements of the working time system in road transport. Although related to the same mandatory 45-minute break, it is not a separate entitlement but rather a way to properly utilize this break during driving time.
Incorrect division of breaks, tachograph errors, or confusing the break with daily rest can lead to driving time violations detected during Transport Inspection (ITD) audits. In this article, we explain when split breaks can be applied, how to correctly account for them, and what errors to avoid in practice.
Key takeaways
Looking for information about drivers' split breaks? You've come to the right place! In this article, you'll learn:
- What is a split break and when can it be used?
- What is the difference between a split break and a 45-minute break in a driver's work?
- How to properly split 45 minutes?
- How is a split break recorded in the tachograph?
- What are the most common mistakes regarding split breaks?
Table of contents
- What Are Split Breaks for Drivers and When Can They Be Applied?
- Where to Check the Full Rules for Drivers’ Breaks and Rest Periods?
- 45-Minute Break vs. Split Break – What Is the Difference?
- Break Division – How to Properly Split 45 Minutes?
- Split Break and Tachograph – How Is It Recorded?
- Split Break During Work – Most Common Employer Mistakes
- Split Break for Drivers – Summary
- Drivers' Split Breaks – FAQ
What Are Split Breaks for Drivers and When Can They Be Applied?
A split break for drivers is a method of fulfilling the mandatory 45-minute break entitled to a driver after a maximum of 4 hours and 30 minutes of driving. It does not constitute an additional break or separate entitlement but is simply a division of the same mandatory break within the working day.
What Does the Division of the Break into Rest During the Driver’s Work Entail?
The split break divides the 45 minutes into two parts:
- First part: minimum 15 minutes
- Second part: minimum 30 minutes
The order of taking these breaks is mandatory, and both parts must be completed before exceeding the allowable driving time limit.
When Can a Split Break Be Applied?
A split break may be applied only:
- During the driving period,
- As fulfillment of the mandatory break after driving time,
- Provided it is correctly recorded in the tachograph.
Any other breaks during the driver’s work, such as technical stops or loading/unloading time, are not automatically considered split breaks.
Where to Check the Full Rules for Drivers’ Breaks and Rest Periods?
Comprehensive, up-to-date rules governing drivers’ breaks, including split breaks, daily rest, and weekly rest periods, are covered in detail in a separate article about drivers' working time. There, practical interpretations and common violations found during ITD inspections are discussed extensively.
To learn more about driver breaks and rest periods, visit the article: Breaks during work and driver rest – What you need to know
45-Minute Break vs. Split Break – What Is the Difference?
The 45-minute break is a mandatory pause entitling the driver to rest after driving no longer than 4 hours and 30 minutes.
The split break is one permissible way of fulfilling this requirement by dividing the break into at least 15 minutes first, followed by at least 30 minutes.
The difference lies solely in the form of break-taking: the 45-minute break can be taken as a single continuous break or as a split break if correctly recorded and taken within the allowed driving time.
Break Division – How to Properly Split 45 Minutes?
The break division is valid only if the driver splits the 45-minute break into two parts in this order:
- First part: at least 15 minutes
- Second part: at least 30 minutes
Both must be taken during the driving period before the maximum allowable driving time is exceeded.
Any other division, such as 20 + 25 minutes or 30 + 15 minutes, does not satisfy the split break requirements and will be considered a violation during ITD inspections.
Split Break and Tachograph – How Is It Recorded?
The split break must be recorded in the tachograph as break or rest time, not as any other activity.
Each part of the split break (minimum 15 minutes and minimum 30 minutes) must be properly indicated so that the tachograph counts them together as the mandatory 45-minute break.
Incorrect tachograph settings, such as leaving the driving mode or other work mode active during the breaks, will cause the split break not to be recognized. This can lead to penalties during inspections for violating driving time regulations.
Split Break During Work – Most Common Employer Mistakes
Common employer errors regarding split breaks include:
- Misclassifying technical stops, loading, or unloading times as breaks.
- Improper accounting of split breaks in the drivers’ work time records.
- Lack of consistency between tachograph data and personnel documentation.
Such irregularities cause the split break not to meet statutory requirements and may result in violations during ITD or Work Inspection (PIP) audits, along with financial penalties for the company.
Split Break vs. Daily Break – What Not to Confuse?
The split break and daily break are distinct concepts and should not be confused.
- The split break is exclusively for fulfilling the mandatory 45-minute break during driving.
- The daily break relates to the organization of working time and is not a rest period after driving.
The split break cannot replace nor shorten the daily rest period. Misclassifying the split break as a daily break is a common violation found in ITD inspections.
Split Break – Practical Examples from Road Transport
For example, a driver who, after 2 hours of driving, takes a 15-minute break, then drives for another 2 hours and 30 minutes before taking a 30-minute break, complies with the split break requirements, provided both breaks are recorded correctly in the tachograph.
Any deviation from the prescribed order or minimum times causes the break not to be recognized during inspections.
Split Break for Drivers – Summary
Split breaks allow drivers to comply with the mandatory 45-minute break requirement when:
- The break is properly divided into a 15-minute break followed by a 30-minute break,
- Both breaks are taken in order during driving time and before exceeding driving limits,
- The breaks are correctly recorded in the tachograph.
Split breaks are not an additional entitlement and cannot replace daily or 24-hour rest periods.
Errors in recording or accounting for split breaks are among the most frequent causes of violations during ITD inspections.
If you operate a transport company and face challenges in drivers' payroll calculation or HR & payroll, the Evotax team is ready to assist. Contact us with your questions—our specialists will provide professional support!
Drivers' Split Breaks – FAQ
Below, we've gathered and answered the most frequently asked questions about split breaks. If you haven't found the answer you're looking for, please contact us – our team will be happy to help!
Does the 45-minute break always have to be taken at once?
No, it can be taken all at once or split, provided the split respects the minimum duration and order, and driving time limits are respected.
How does the split break affect drivers’ working time accounting?
Are drivers entitled to a break after 6 hours of work?
What is the difference between a break at work and a driver’s daily rest?
Does the split break extend the driver’s working day?
How is the split break assessed during working time inspections?
Can the split break replace the daily rest period?
Does the split break affect the weekly rest period?
How does the tachograph record the split break during driving?
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