I’ve asked this question on another board but thought it best to try here.
During a recent DCPC course the subject of working 7 shifts between two weekly rest periods (144 hours)was raised and no definitive answer could be reached.
Could you please clarify if the following shift pattern is indeed legal or not.
My understanding is that provided that all shifts are completed before 144 hours that is needed between weekly rest periods and provided all others regulations have been satisfied then there is no infringement.
We looked through the GV262 and it wasn’t very clear on this, I think they needed it in really simple terms and in black and white that number of shifts is irrelevant provided all other regs are satisfied. If I am correct and this is indeed possible it would be great if I could be pointed in the direction of some indisputable info to confirm it.
The regs work by hours not days or shifts - the words DAY and SHIFT are nowhere to be found in the regs
It is a sad indictment of JAUPT that whilst they scrupulously police the size of their logo that a Training Provider can display, they do not examine the specific course content as to accuracy and completeness. To leave a question on the 144 rule “up in the air” is ridiculous!
It is not legal. After 6 daily (24 hour) driving periods you are required to take a weekly rest (45/24 hours whichever is due).
Your shift 6 started at 2pm on Friday and by 2pm on Saturday (24 hours) you have completed your 6th daily driving period and a weekly rest is due then. By doing a 7th shift on Saturday starting at 2pm you would have failed to comply with the weekly rest requirement.
A driver must start a weekly rest period no later than at the end of six consecutive 24-hour periods from the end of the last weekly rest period.
It is not legal. After 6 daily (24 hour) driving periods you are required to take a weekly rest (45/24 hours whichever is due).
Your shift 6 started at 2pm on Friday and by 2pm on Saturday (24 hours) you have completed your 6th daily driving period and a weekly rest is due then. By doing a 7th shift on Saturday starting at 2pm you would have failed to comply with the weekly rest requirement.
A driver must start a weekly rest period no later than at the end of six consecutive 24-hour periods from the end of the last weekly rest period.
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I think the DVSA bod isn’t fully understanding the rules that he/she is paid to enforce. Nobody is arguing against the 144 hour rule, but for him/her to categorically state a figure of six driving periods is both misleading and quite simply incorrect.
You can do as many shifts or driving periods as you like within the 144 hours as long as all the rules are adhered to - that is the law - anyone saying different needs to go on a training course ASAP
It is not legal. After 6 daily (24 hour) driving periods you are required to take a weekly rest (45/24 hours whichever is due).
Your shift 6 started at 2pm on Friday and by 2pm on Saturday (24 hours) you have completed your 6th daily driving period and a weekly rest is due then. By doing a 7th shift on Saturday starting at 2pm you would have failed to comply with the weekly rest requirement.
A driver must start a weekly rest period no later than at the end of six consecutive 24-hour periods from the end of the last weekly rest period.
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I think the DVSA bod isn’t fully understanding the rules that he/she is paid to enforce. Nobody is arguing against the 144 hour rule, but for him/her to categorically state a figure of six driving periods is both misleading and quite simply incorrect.
In fairness they did say “after 6 (24 hour ) driving periods.”
“after 6 (24 hour ) driving periods.”
That infers 6 x driving shifts such as 6 x 3 hours driving shifts
Take the word driving from what was said and that would be correct
Jesus bloody Christ! If the enforcers can’t get it right there’s something seriously wrong! I will say it took me a while to get my head round it all but they should know definitively the answer to any question fired at them or not be in the job!
Here’s his latest email after speaking with him and him getting a little annoyed at being questioned regarding his first reply…
A driver must start a weekly rest period no later than at the end of six consecutive 24-hour periods from the end of the last weekly rest period.
Your sixth 24 hour period would have ended at 2pm on Saturday. So, you can do another shift so long as this shift ends at or before 2pm on Saturday and does not exceed 144 hours.
So he now says a can do an extra shift providing it’s completed in 142 hours
Good day people
I’m after some more advice on this issue from you knowledgeable ones. My emails have been passed on to another Enforcement officer and he’s replied with this …
Good afternoon
This query has come to me for reply.
The requirement is enshrined in Article 8 (6) of EU Regulation 561/2006 EC. “Shifts” need to be fitted within each relevant 24 hour period of daily driving.
I hope this has been of some help.
Regards
Now I’ve looked this article up and here it is …
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.
A weekly rest period shall start no later than at the end of six 24-hour periods from the end of the previous weekly rest period.
A weekly rest period shall start no later than at the end of six 24-hour periods from the end of the previous weekly rest period.
Simple maths - what is 6x24 = 144
Can you point out where it says 6 shifts please
It doesn’t, but as it also doesn’t say that the 6 x 24 hour periods are consecutive so therefore could mean 6 x 24 hour periods of work days (shifts) when you start a shift it starts a 24 hour clock in which you need to take your daily rest. So without the word consecutive they could argue that it means 6 x 24 hours that start at the start of every shift.
Now, I know and you know this isn’t the case but with that wording it could be used to say it’s actually shifts, which is indeed what he’s trying to say
A weekly rest period shall start no later than at the end of six 24-hour periods from the end of the previous weekly rest period.
Simple maths - what is 6x24 = 144
Can you point out where it says 6 shifts please
It doesn’t, but as it also doesn’t say that the 6 x 24 hour periods are consecutive so therefore could mean 6 x 24 hour periods of work days (shifts) when you start a shift it starts a 24 hour clock in which you need to take your daily rest. So without the word consecutive they could argue that it means 6 x 24 hours that start at the start of every shift.
Now, I know and you know this isn’t the case but with that wording it could be used to say it’s actually shifts, which is indeed what he’s trying to say
A 24 hour period is just that - a period of time 24 hours long - 6 of those is 144 hours
The 24 period for the daily rest has NOTHING to do with the separate rule for weekly rest
Taking a weekly rest resets the 144 hour rule
I will agree that the way it is worded could have been better by saying 144 hours instead of 6x24 hours but thats the EU for you
This was the reply after being queried because coppers busted someone for doing 7 shifts
QUOTE
DVSA’s examiner was right in that it is perfectly acceptable to have more than 6 shifts between weekly rest periods.
The legislation makes it abundantly clear that the maximum time allowed between weekly rests periods is indeed 144 hours because Article 8(6) says “A weekly rest period shall start no later than at the end of six 24-hour periods from the end of the previous weekly rest period”. It can start earlier if the driver or operator so chooses but there is no legal requirement to start it before the 144 hour point has been reached. If Article 8(6) did not include the words “no later than” it would force drivers to continue working until the 144 hour point thereby preventing them from taking more rest that the minimum required and would make it harder for operators to schedule work as it would have to be so precise!
If a driver carries out the maximum amount of duty/driving each day then of course it would not be possible to have more than 6 shifts but if he carries out a series of shorter shifts, such as in the example you give, then he can. It is true that where a shorter shift takes place we will calculate a new 24 hour period from the end of the daily rest period that follows it, but that is only for the purposes of ensuring the next daily rest period falls within a 24 hour period but it does not mean that a short shift coupled with its daily rest period is then taken to be 24 hours for weekly rest calculations.
I am a bit surprised that the Police took the approach they did, because it has been an accepted fact it is possible to do more than 6 shifts between weekly rest periods for at least as long as I have been involved in enforcing/interpreting drivers hours rules which is 20 years. The Police do usually follow our lead, as clearly it is DVSA’s specific role to enforce these rules so we are the acknowledged experts, however we are unable to require them to do so.
In our guidance on GOV.uk we do actually mention 144 hours where we explain back to back weekly rest periods (see Section 1.5) but it doesn’t specifically refer to doing more than 6 shifts:
= 144 