Weekly Rest

ASK THE EXPERTS SAFETY, LAW AND WORKING TIME DIRECTIVE FORUM (INTE
1

Is it possible to have two reduced weekly rests back to back ■■

let me try and explain :open_mouth:

Week 1 61:15 weekly rest

Week 2 38:00 weekly rest

now my gaffer wants me to have another reduced weekly rest this weekend (week 3) , when I said that I couldnt as last weekend was reduced :confused: he said that week 1&2 were a normal and a reduced rest so week 3 could be reduced as long as week 4 was a normal weekly rest + any compensation needed ?

I hope this makes sense, Its confused me and I know what I mean :grimacing:

2

Short Answer No,

You must have one reduced rest and one normal rest in any two week period.

I hope someone will be along to explain it better as I cant copy and paste the details from a PDF document

Paul

3

A regular weekly rest period is a period of at least 45 consecutive hours. A reduced weekly rest period must be a minimum of 24 consecutive hours. If you take a reduced rest, then you must compensate for the reduction with an equal period of rest. This should be taken in one block by the end of the third week following the week in which the reduction is taken. The compensating rest must be attached to a period of rest of at least nine hours - ie either a weekly or daily rest period.

4

I think where hes getting confused is the compensation which doesnt have to be paid back till the 3rd week.

Week 1…61.15hours…normal forget about this one

Week 2 …38 hours…reduced

Week 3…must be at least 45 hours

Week 4…must be 45 hours plus compensation of 7 hours = 52 hours minimum.

Thats how I see it however you can compensate the 7 hours sometime in the week if you tag it onto a daily rest so if you have a 16 hour break between shifts that would count. 7hours you reduced must be compensated in one lot of 7 hours it cant be split.

5

cant work.and you must taked 7 hours compensatoin before end of 3 th week.but if some day next week you work just 8 working hours you can ad to this daily rest.(because reduced rest 9 hours+you 7 hours=16 hours rest).exaple you finish work 10 pm and start next day 2 pm(daily rest 16 hours was).all ok.depend to you shift next weekend you can work legaly

6

VOSA: http:www.transportoffice.gov.uk/crt/vehicledrivers/vehicledrivers.htm

Print and keep for free :smiley:

7

if you last week was some day worked just 8 hours.so compensatoin ready don.and if you saturday shift can be not long(because this week must have full 45 hours).CAN WORK LEGALY

8

Darb:
Is it possible to have two reduced weekly rests back to back ■■

let me try and explain :open_mouth:

Week 1 61:15 weekly rest

Week 2 38:00 weekly rest

now my gaffer wants me to have another reduced weekly rest this weekend (week 3) , when I said that I couldnt as last weekend was reduced :confused: he said that week 1&2 were a normal and a reduced rest so week 3 could be reduced as long as week 4 was a normal weekly rest + any compensation needed ?

I hope this makes sense, Its confused me and I know what I mean :grimacing:

You’re not confused, your boss is.

It is any two week period so while you boss is thinking it is Weeks 1+2, 3+4, 5+6 and so on it is actually Weeks 1+2, 2+3, 3+4, 4+5 and so on that are the two week periods. You cannot take only a reduced this week. Your boss also doesn’t understand the compensation requirements either. I am wondering what qualifies him to be the boss because it isn’t his knowledge of the regulations. :wink:

toowise:
I think where hes getting confused is the compensation which doesnt have to be paid back till the 3rd week.

Week 1…61.15hours…normal forget about this one

Week 2 …38 hours…reduced

Week 3…must be at least 45 hours

Week 4…must be 45 hours plus compensation of 7 hours = 52 hours minimum.

Couple of points.

The compensation for the reduced rest in week 2 does not need to be taken in week 4. The requirement is for compensation to be made before the end of the third week FOLLOWING the reduction and the third week following week 2 is week 5. That means the compensation for the OP should be completed by midnight on the 27th November.

In your example above, if compensation was required in week 4 it does not have to be a 52 hour rest. You can add the compensation onto any rest period of at least 9 hours so it could be 31 hours, a reduced of 24 hours plus the 7 hours. That would leave you 21 hours to compensate for before the end of week 7. That’s taking it to the extreme but he could also have say another 38 hour rest which would then be 31 hours plus the 7 hours compensation and that would leave 14 hours to compensate, which would be covered by another 61 odd hour rest before the end of week 7.

9

paul_r:
Short Answer No,

You must have one reduced rest and one normal rest in any two week period.

A full weekly rest must be COUNTED for every other week so it is possible to SHOW 2 reduced weekly rests in a row

Holiday for a week and COUNT last 45 hours as full weekly rest for WEEK 1
Mon to sat work = WEEK 1
sun off = less than 45 hours
Mon to sat work = WEEK 2
sun off = less than 45 hours
Mon to fri work = WEEK 3
Sat + sun off = COUNTED as full weekly rest for WEEK 3
Either of the sundays off can be COUNTED for WEEK 2 as a reduced weekly rest and the other is not counted as a weekly rest

10

ROG:

paul_r:
Short Answer No,

You must have one reduced rest and one normal rest in any two week period.

A full weekly rest must be COUNTED for every other week so it is possible to SHOW 2 reduced weekly rests in a row

Holiday for a week and COUNT last 45 hours as full weekly rest for WEEK 1
Mon to sat work = WEEK 1
sun off = less than 45 hours
Mon to sat work = WEEK 2
sun off = less than 45 hours
Mon to fri work = WEEK 3
Sat + sun off = COUNTED as full weekly rest for WEEK 3
Either of the sundays off can be COUNTED for WEEK 2 as a reduced weekly rest and the other is not counted as a weekly rest

I dont understand you

11

ROG:

paul_r:
Short Answer No,

You must have one reduced rest and one normal rest in any two week period.

A full weekly rest must be COUNTED for every other week so it is possible to SHOW 2 reduced weekly rests in a row

Holiday for a week and COUNT last 45 hours as full weekly rest for WEEK 1
Mon to sat work = WEEK 1
sun off = less than 45 hours
Mon to sat work = WEEK 2
sun off = less than 45 hours
Mon to fri work = WEEK 3
Sat + sun off = COUNTED as full weekly rest for WEEK 3
Either of the sundays off can be COUNTED for WEEK 2 as a reduced weekly rest and the other is not counted as a weekly rest

Yes pefectly legal. :smiley:

12

Wheel Nut:

ROG:

paul_r:
Short Answer No,

You must have one reduced rest and one normal rest in any two week period.

A full weekly rest must be COUNTED for every other week so it is possible to SHOW 2 reduced weekly rests in a row

Holiday for a week and COUNT last 45 hours as full weekly rest for WEEK 1
Mon to sat work = WEEK 1
sun off = less than 45 hours
Mon to sat work = WEEK 2
sun off = less than 45 hours
Mon to fri work = WEEK 3
Sat + sun off = COUNTED as full weekly rest for WEEK 3
Either of the sundays off can be COUNTED for WEEK 2 as a reduced weekly rest and the other is not counted as a weekly rest

I dont understand you

It merely confirms exactly what paul_r said but doesn’t answer the OP’s question at all.

It was ROG’s big fixation before his current, “No one enfoces the WTD.” He learnt about back-to back rest periods and from that point on he was shoe horning it into as many posts as he could. He must have got bored with the WTD one and gone back to this. :wink:

13

ROG:

paul_r:
Short Answer No,

You must have one reduced rest and one normal rest in any two week period.

A full weekly rest must be COUNTED for every other week so it is possible to SHOW 2 reduced weekly rests in a row

Holiday for a week and COUNT last 45 hours as full weekly rest for WEEK 1
Mon to sat work = WEEK 1
sun off = less than 45 hours
Mon to sat work = WEEK 2
sun off = less than 45 hours
Mon to fri work = WEEK 3
Sat + sun off = COUNTED as full weekly rest for WEEK 3
Either of the sundays off can be COUNTED for WEEK 2 as a reduced weekly rest and the other is not counted as a weekly rest

It is possible to show more than 2 reduced weekly rest periods in a row, 3, 4, 5, or more even.

Yes it is. If it looks like a weekly rest, walks like a weekly rest and quacks like a weekly rest then it’s a weekly rest. Any rest of at least 24 hours is a weekly rest, unless any compensation reduces it to less than 24 hours. It may not be required to meet the minimum rest requirements and if less than 45 hours it may not require compensation but it is still counted as a weekly rest.

14

I did noot say the other was not a weekly rest
I said it was not COUNTED as a weekly rest

15

My understanding of this rule is that
you have to show a clear 45 hours
rest in any rolling 14 day period

Am I right in this thought

Paul

16

paul_r:
My understanding of this rule is that
you have to show a clear 45 hours
rest in any rolling 14 day period

Am I right in this thought

Paul

No I’m afraid you’re not quite right :wink:
In any two consecutive weeks you should have either two regular 45 hour weekly rest periods or at least one regular weekly rest period and one reduced weekly rest period.

In other words you must have at least one regular weekly rest period every second week, rolling 14 day periods don’t come into it, only fixed weeks are relevant for that particular part of the regulations.

17

The powers that be spent years making it easy to understand ,people still dont see eye to eye, by the way is it the same in a leap year or when there is two Tuesdays in race week.

18

ROG:
I did noot say the other was not a weekly rest
I said it was not COUNTED as a weekly rest

Which, as already pointed out, is wrong. It is counted as a weekly rest because it resets the allowed 144 hour period between weekly rest periods. If it wasn’t counted as a weekly rest it wouldn’t do that. The resetting of the 144 hours might not be taken advantage of but it has happened.

It is a weekly rest which requires no compensation but it is still a weekly rest and is counted as such. Next time you get your tacho analysis sheets back have a look and see if they have counted it as weekly rest of not. That should clear up your confusion.

19

tachograph:

paul_r:
My understanding of this rule is that
you have to show a clear 45 hours
rest in any rolling 14 day period

Am I right in this thought

Paul

No I’m afraid you’re not quite right :wink:
In any two consecutive weeks you should have either two regular 45 hour weekly rest periods or at least one regular weekly rest period and one reduced weekly rest period.

In other words you must have at least one regular weekly rest period every second week, rolling 14 day periods don’t come into it, only fixed weeks are relevant for that particular part of the regulations.

This^

You can easily have a 14 day period that doesn’t show a 45 hour rest but is legal. Look at ROG’s example from an earlier post.

ROG:
Holiday for a week and COUNT last 45 hours as full weekly rest for WEEK 1
Mon to sat work = WEEK 1
sun off = less than 45 hours
Mon to sat work = WEEK 2
sun off = less than 45 hours
Mon to fri work = WEEK 3
Sat + sun off = COUNTED as full weekly rest for WEEK 3

In that scenario from the Monday in Week 1 to the Friday in Week 3 is a 19 day period with no 45 hour rest period and it is legal.

20

Coffeeholic:

ROG wrote:I did noot say the other was not a weekly rest
I said it was not COUNTED as a weekly rest

Which, as already pointed out, is wrong. It is counted as a weekly rest because it resets the allowed 144 hour period between weekly rest periods. If it wasn’t counted as a weekly rest it wouldn’t do that. The resetting of the 144 hours might not be taken advantage of but it has happened.

I see my error !!
I should have added and changed a bit -
The other was not COUNTED as THE weekly rest for a particular WEEK