wheelyb:
Tue and wed has been my weekly rest for last few weeks, except the one just gone.
Yesterday (tue) had off but today had an assessment 08:00 - 10:00am.
Tomorrow (Thursday) I’m in work at 10:00am so how would the Tacho see this? 2 x 24’s so an infringement?
Sorry but I’m not 100% sure if you’re saying you never had a regular 45 weekly rest last week or you never had this Tuesday and Wednesday off ?
If you had a 45 weekly rest period last week and two reduced weekly rest periods this week, which is what I think you’re saying, that’s fine and perfectly legal.
I assume you used your driver card for the assessment which stopped you having the 45 consecutive hours rest.
wheelyb:
Tue and wed has been my weekly rest for last few weeks, except the one just gone.
Yesterday (tue) had off but today had an assessment 08:00 - 10:00am.
Tomorrow (Thursday) I’m in work at 10:00am so how would the Tacho see this? 2 x 24’s so an infringement?
Sorry but I’m not 100% sure if you’re saying you never had a regular 45 weekly rest last week or you never had this Tuesday and Wednesday off ?
If you had a 45 weekly rest period last week and two reduced weekly rest periods this week, which is what I think you’re saying, that’s fine and perfectly legal.
I assume you used your driver card for the assessment which stopped you having the 45 consecutive hours rest.
Sorry Tacho hopefully this is clearer.
I had 45 last week (tue+wed), finished 19:15 on Monday. this week had tue off but had assessment today, 08:00-10:00am.
So I have 8h 15m to pay back before 13 July, (I think), for that weekly rest.
And yeah the assessment stopped me having 45.
I left the depot at 10:00 today and the agency want me in at 10:00 tomorrow, so 24h off, so would the Tacho see/mark this as another reduced weekly rest? I think it will.
Hope that’s clearer
wheelyb:
I had 45 last week (tue+wed), finished 19:15 on Monday. this week had tue off but had assessment today, 08:00-10:00am.So I have 8h 15m to pay back before 13 July, (I think), for that weekly rest.
Regular for the fixed week 9th to 15th June
Reduced for the fixed week 16th to 22nd June which was say 36 hours (19.15 mon to 0800 wed) leaving 9 to pay back then an extra reduced of 24 hours for the same fixed week from 1000 wed to 1000 thu
If your next regular weekly rest is going to start by 0800 next Tuesday then you have two options for that 24 hours off …
1 - you can use it as an extra reduced weekly rest which does not need payback
OR
2 - you can use that 24 off as a daily rest including the 9 payback from the 36 off
Only a reduced weekly rest which has been used as the weekly rest for a fixed week counts - others taken are just extras and do not require payback but serve as a reset on the max 144 hour (6x24) rule between weekly rests
Payback for wed/thurs being classed as another 24h reduced rest = 21h payback NO NO NO
Totalling 29h 15m to payback before 14th July. NO NO NO
Am I right in what I’m thinking? I’m in a right kerfuffle!
Just because it shows more than one weekly rest in a fixed week does mean two reduced have been used for that week
What if I do this …
Work mon
Off tue 36 hours
work wed
off thu 36 hours
work fri
off sat 36 hours
work sun
I do not have to pay back 27 hours (3x9) because only one of those is the weekly rest for that week - the rest are extras
If I did that the I would choose the first 36 as the weekly rest for that week and have the second 36 as a reduced of 27 with 9 payback from the first to reset payback to zero
wheelyb:
I had 45 last week (tue+wed), finished 19:15 on Monday. this week had tue off but had assessment today, 08:00-10:00am.So I have 8h 15m to pay back before 13 July, (I think), for that weekly rest.
Regular for the fixed week 9th to 15th June
Reduced for the fixed week 16th to 22nd June which was say 36 hours (19.15 mon to 0800 wed) leaving 9 to pay back then an extra reduced of 24 hours for the same fixed week from 1000 wed to 1000 thu
If your next regular weekly rest is going to start by 0800 next Tuesday then you have two options for that 24 hours off …
1 - you can use it as an extra reduced weekly rest which does not need payback
OR
2 - you can use that 24 off as a daily rest including the 9 payback from the 36 off
Only a reduced weekly rest which has been used as the weekly rest for a fixed week counts - others taken are just extras and do not require payback but serve as a reset on the max 144 hour (6x24) rule between weekly rests
Cheers Rog, (I posted my last message at same time), option 2 sounds the best bet, so will the Tacho head automatically know I’ll be using your ‘option 2’? To payback the reduced?
Also your last paragraph about 144 h rule, so my working week would’ve started today? By using the second 24 as payback?
Payback for wed/thurs being classed as another 24h reduced rest = 21h payback
Totalling 29h 15m to payback before 14th July.
Am I right in what I’m thinking? I’m in a right kerfuffle!
Only one weekly rest period is required per week by the regulations so in the case of reduced weekly rest periods only one requires compensating for in a week in which you have more than one. The first one you had of around 36 hours covers your legal requirement for that week and the second is surplus to requirements and serves no other purpose than to give you another 144 hours before your next weekly rest is required.
Payback for wed/thurs being classed as another 24h reduced rest = 21h payback NO NO NO
Totalling 29h 15m to payback before 14th July. NO NO NO
Am I right in what I’m thinking? I’m in a right kerfuffle!
Just because it shows more than one weekly rest in a fixed week does mean two reduced have been used for that week
What if I do this …
Work mon
Off tue 36 hours
work wed
off thu 36 hours
work fri
off sat 36 hours
work sun
I do not have to pay back 27 hours (3x9) because only one of those is the weekly rest for that week - the rest are extras
If I did that the I would choose the first 36 as the weekly rest for that week and have the second 36 as a reduced of 27 with 9 payback from the first to reset payback to zero
Gotcha! That’s cleared it up for me, as u can tell I’m pretty new
Thanks Rog
A fixed week is sunday midnight to sunday midnight
Each fixed week must have a weekly rest in it
Every other fixed week must have a regular weekly rest in it
IN IT means a weekly rest must be at least 1 minute in it to be used for that fixed week
A weekly rest can only be used once
If a fixed week has more than one weekly rest in it then choose which one you want to use for that week
If more than one is in a fixed week and you have chosen the one for that week already then the rest are extras which are called weekly rests but have not been USED as a weekly rest for a fixed week so do not need paying back
Any weekly rest used for a fixed week or not resets the max 144 hour between weekly rest rule
24+ hours off is not always a weekly rest … depends what you choose to do with it …
Lets say you work mon + tue then take 30 hours off which needs 15 payback then later in the same week you take another 30 hours off - that second 30 could be used as a daily rest of 15 hours with 15 payback which then means it is not a weekly rest but a daily rest because it is now less than 24 because you used 15 of that second 30 as payback
wheelyb:
Gotcha! That’s cleared it up for me, as u can tell I’m pretty new Thanks Rog
No problem at all
That is what this site is all about and if I get it wrong then there will be plenty of others to put both me and you right - that’s the beauty of an open forum
My agency seem to think I can work mon without it being a reduced weekly rest!? Because the assessment was only a 30 min drive they say I can do another short drive on mon?
But my thinkin is, my working week started wed even though I was on an assessment, I still drove under scope of EU regs so my weekly rest is now mon tue 23rd and 24th and start again wed. Am I right or the agency?
wheelyb:
My agency seem to think I can work mon without it being a reduced weekly rest!? Because the assessment was only a 30 min drive they say I can do another short drive on mon?
But my thinkin is, my working week started wed even though I was on an assessment, I still drove under scope of EU regs so my weekly rest is now mon tue 23rd and 24th and start again wed. Am I right or the agency?
Doh! Think somats just clicked (again), I had reduced tue worked wed but had 24 off before today thurs, so that’s paid the rest back.
Even though it’s been used to pay back and not actually a reduced rest, coz it’s 24h it STILL resets the 144h ? So I can work my 5 shifts till mon and have tue wed off 45h?
wheelyb:
My agency seem to think I can work mon without it being a reduced weekly rest!? Because the assessment was only a 30 min drive they say I can do another short drive on mon?
But my thinkin is, my working week started wed even though I was on an assessment, I still drove under scope of EU regs so my weekly rest is now mon tue 23rd and 24th and start again wed. Am I right or the agency?
Doh! Think somats just clicked (again), I had reduced tue worked wed but had 24 off before today thurs, so that’s paid the rest back.
Even though it’s been used to pay back and not actually a reduced rest, coz it’s 24h it STILL resets the 144h ? So I can work my 5 shifts till mon and have tue wed off 45h?
No it doesn’t.
You cannot use the 24 hour period to pay back compensation and still use it as a weekly rest period, it’s one or the other but a 24 hour rest period can’t be both.
Anyway, there’s nothing to stop you working Monday, if you’re using the 24 hour rest on Wednesday to pay the compensation your working week (six periods of 24 hours) started on Wednesday when you had the assessment at 08:00, you can legally work until 08:00 Tuesday before you need to start a new weekly rest period, I assume you generally work days so you could work Monday and have your usual Tuesday and Wednesday off, then you’re back to your usual work pattern.
Thanks Tachograph
Why am I thinking in a working week so wed to wed I have to get in a 45 or 24!?
The way you say, which I totally accept, my 45 weekly rest next week will “overlap” so to speak, tue AND wed. I thought it would’ve been mon and tue off to keep it in my working week.
So I can work Monday with a 45 starting at finish on mon?
I think I’m confusing myself with ‘the week’ and 6 periods of 24, 144h!
wheelyb:
Thanks Tachograph
Why am I thinking in a working week so wed to wed I have to get in a 45 or 24!?
The way you say, which I totally accept, my 45 weekly rest next week will “overlap” so to speak, tue AND wed. I thought it would’ve been mon and tue off to keep it in my working week.
So I can work Monday with a 45 starting at finish on mon?
I think I’m confusing myself with ‘the week’ and 6 periods of 24, 144h!
Keep it simple …
From the time you ended the last weekly rest you have 144 hours (6x24) until you must start the next weekly rest - will you comply with that? - if yes then ok
Has each fixed week had a weekly rest? - if yes then ok
Has at least every other fixed week had a regular weekly rest? - if yes then ok
wheelyb:
Thanks Tachograph
Why am I thinking in a working week so wed to wed I have to get in a 45 or 24!?
The way you say, which I totally accept, my 45 weekly rest next week will “overlap” so to speak, tue AND wed. I thought it would’ve been mon and tue off to keep it in my working week.
So I can work Monday with a 45 starting at finish on mon?
I think I’m confusing myself with ‘the week’ and 6 periods of 24, 144h!
Basically there’s two kinds of week for the regulations, the fixed week which is 00:00 Monday to 24:00 Sunday, then there’s what many drivers call the working week which is the time between weekly rest periods (maximum of six periods of 24 hours or 144 hours).
As you know you can do six periods of 24 hours (144 hours) between weekly rest periods but each fixed week must have a weekly rest period attached to it.
In your case this week you had a reduced weekly rest period on Wednesday which can be the weekly rest period counting for this week, when you have Tuesday and Wednesday off next week that will the the weekly rest period that counts for next week.
As you finished the last weekly rest period at 08:00 Wednesday you now have 144 hours before you need another weekly rest period.
Blame the EU commission mate, they made the rules up we never