You cannot have a daily rest period until you’ve done a shift at work, that shift can be extremely short but it has to be done before you can start a new daily rest period.
If you started work at 07:30 and went over 15 hour by 5 minutes your 9 hour rest period would not finish until 07:35 the following day.
You then need to do a shift, even if that shift was only 1/2 hour then you had another reduced daily rest period of 9 hours it would take you to 17:05.
That’s when the daily rest requirement is satisfied (That is of course assuming you have a reduced daily rest period available)
Sometimes shizzle happens mate. I’ll give you an example; a couple of years ago I left Saltley Birmingham aiming to park at one of our depots at Nuneaton, a 30 minute journey usually. When I set off I’d done ten hours work so didn’t consider it would be a problem. As I approached the bit on the M6 south where the toll road and the M6 merge I saw in the distance rubber smoke, dust and carnage. I had no chance then to divert and ended up pulling into Corley services five and a half hours later having done 15 hours 30 minutes duty time. No issues as a printout was done with the reason written on the back. I had no fear of repercussions as the incident would have been logged somewhere, but nevertheless as I said sometimes the brown and smelly happens.
Like I said in exceptional circumstances but I see it regularly where drivers are telling the office they are running tight and the offside day just keep us informed. Whereas I would say I haven’t got time I need to get back and have leeway it’s coming back.
That’s what is was referring to and those that drag jobs out to the very last minute to regularly get 13 and 15 hours shifts in.
I was about to arrive back at the yard at 14h 55 (yes tight but I’m not having a night out 20 minutes from base) however since it was past 10p.m. as I was nearing our all beloved cone-heroes were at it in full force on the M6 just after Corley causing the traffic to funnel from 4 lanes into 1. This caused a 10 minute delay so I arrived with 15hr 05 mins on the tacho.
Maybe but I wouldn’t leave myself that little wriggle room for getting back. But hey maybe that’s just me. Minimum 30 mins of leeway preferably an hour as we know how easy you can lose a massive chunk of time when things go wrong.
Well, in your opinion anyway @tachograph. Trying to do such a thing without making a false record may be a little more difficult.
I personally don’t think there is a need to end a period of rest and start a new period of rest in order to satisfy the requirement of having a valid daily rest. Once the original period of 24 hours has passed, if the subsequent rest after that time is 9 hours (if available), then I think this would reset the driving. The new 24 hour period would start at the end of that.
However, this seems very academic since such a different start time is unlikely to be practical. More likely that drivers would do what @ets did and if stopped just act ignorant about it.
But that would be one long rest period, still not a qualifying daily rest period but one long rest period all the same.
It’s certainly true that you can have back to back weekly rest periods but I’ve never seen anything that suggests that you can have back to back daily rest periods, but feel free to post a link that proves me wrong
We know when a new 24 hour period starts because I posted a link to answer the comment by franglais that there must be some legal resetting of the day, in this post.
As I said in that post the definition of daily driving time is: “the total accumulated driving time between the end of one daily rest period and the beginning of the following daily rest period or between a daily rest period and a weekly rest period”
So unless you can post a link to a regulation or DVSA guidance that shows that you can have back to back daily rest periods I stand by what I said, the driving time will be reset after a qualifying daily rest period or a weekly rest period, but you cannot have a qualifying daily rest period without starting a new shift of whatever length.
What employer is going to sanction an extremely short day and pay it accordingly?
I think you also had your wires crossed regarding your example for @ets.
Once the 24 hour period is reached, you can continue and complete a 9 hour rest yes, but if you don’t, the new 24 hour period starts at the end of the last 24 hour period. This is as per your linked guidance.
You seem to be stating as fact, when I don’t think you have the basis to do that. That is why I challenged with my opinion.
I had plenty of short shifts in my time and been paid for 8 hours.
The shortest being about five minutes when I was double booked by an agency and paid for 8 hours at Sunday rate
But what’s that got to do with when the driving time is reset
Nope, the only time I post as fact is generally when I post a link or quote the regulations.
@tachograph I have portrayed the alternative view. It is a reduced rest contained within a new period of 24 hours. I don’t see any other stipulations in the legislation. Feel free to point them out though.
But show us where in the regulations is says that you can finish one daily rest period and go straight in to another back to back daily rest period, rather than it being counted as one long rest period.
Also feel free to tell us what the period of 24 hours has got to do with the daily driving time being reset, the regulations clearly state that the daily driving time is defined as the accumulated driving time between daily rest periods
@tachograph It is getting to the stage of over and out time from me. If you are coming up with requirements that aren’t there, there isn’t anything I can say.
Back to watching my film anyhoo.
That’s a wrap from me.
