24 Hour period

red_squirrel · 4 January 2012 11:06

I got pulled into services at Chelmsford by an essex traffic copper on a motorcycle in the spring of last year and He fined me for not having enough break showing in the 24 hour period even though I had taken more daily rest than the minimum. When I quizzed him about it He suggested I go and post a question on the TruckNetUK SAFETY, LAW AND WORKING TIME DIRECTIVE FORUM believe it or not (which I haven’t until now).

Why was I fined?

And is there something about the break having to be shown between midnight and midnight?

red_squirrel · 4 January 2012 12:03

I just wanted to add that I can’t really remember exactly what hours I’d been doing but He accepted I had not failed to take the minimum length of breaks just that it had not shown enough break taken on the chart within a 24 hour period.
I think there was also some talk of rotating 24 hour periods as well.

coffeeholic · 4 January 2012 13:47

Your rest must be completed within the 24-hour period which begins when you resume work after a rest period,

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Example 1.

Start work 07:00 Monday

Finish work 20:00, 13-hour duty

Resume work 07:00 Tuesday

Full 11 hours rest taken within the 24-hour period.

Example 2.

Start work 07:00 Monday

Finish work 22:00

Resume work 07:00 Tuesday

Reduced 9 hours rest taken within the 24-hour period.

Example 3

Start work 07:00 Monday

Finish work 21:00

End of 24-hour period 07:00 Tuesday

Resume work 08:00 Tuesday

11 hours rest taken but only 10 hours are within the 24-hour period so reduced rest used.

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Remember the regulations make no mention a maximum spreadover or duty time. We only get the 15 and 13 people talk about because of the requirement for the rest to fit into the 24-hour period. Work 1 minute over 13 hours and you are using a reduced rest. This is probably what happened in your case, you worked over 13 hours, took 11 off and didn’t count it as a reduced rest so reduced too many times between your weekly rest periods.

The 24-hour period does not run from midnight to midnight but from when you start work to when you finish your daily rest; it can be less than 24 hours because a new one starts on completion of the daily rest.

Start work 07:00 Monday - start of 24-hour period

Finish work 20:00, 13-hour duty

Resume work 05:00 Tuesday - end of 24-hour period that is only 22 hours long and start of new 24-hour period.

red_squirrel · 4 January 2012 14:02

Thanks for that. I think that’s what must have happened and it’s all a lot clearer now.

deefer · 12 January 2012 12:57

So if I start work at 07.00 & finish at 14.00 does my next day start at 07.00 or can it start at 01.00 after 11 hours rest?

dar1976 · 12 January 2012 13:00

You must complete your daily rest of 9 or 11 hours within 24 hours from the start of your shift.

If you have a short day and then take 9 or 11 then yes you can start a new 24 hour period

tachograph · 12 January 2012 13:09

Deefer:
So if I start work at 07.00 & finish at 14.00 does my next day start at 07.00 or can it start at 01.00 after 11 hours rest?

In that scenario you could have an 11 hour daily rest period and start at 01:00, or if you have one available you could have a reduced daily rest period of 9 hours and start work at 23:00.

A new period of 24 hours starts when you start work after completing a daily or weekly rest period.

deefer · 12 January 2012 14:15

So it is possible to drive for more than 10 hours in a 24 hour period as long as the correct breaks and rest periods are taken?

rog · 12 January 2012 14:24

Deefer:
So it is possible to drive for more than 10 hours in a 24 hour period as long as the correct breaks and rest periods are taken?

YES

Max of 10 hours driving between rest periods
Max of two 10 hour drives per fixed week
No rule that states a max of 10 hours driving in a 24 hour period

tachograph · 12 January 2012 14:43

Deefer:
So it is possible to drive for more than 10 hours in a 24 hour period as long as the correct breaks and rest periods are taken?

Yes it is possible to legally drive for more than 10 hours in a period of time that’s duration is 24 hours.

coffeeholic · 12 January 2012 15:19

Deefer:
So it is possible to drive for more than 10 hours in a 24 hour period as long as the correct breaks and rest periods are taken?

You can drive over 13 hours in 24 hours and still take all the required rest and breaks, and even show a few minutes for vehicle checks .