Question,
If say on the first weekend a driver reduced his weekly rest to 35 hours, so the following weekend a 45 hour had to be taken, does the 45 hour break need to be completed by midnight sunday as its the end of the “Fixed working week”?
I ask because ive always been led to believe that as long as the 45 hour break is taken between the two weekly working weeks thats ok, but someone at a compliance company has recently told me that it has to be completed by midnight on the sunday??
Hope someone can help
AaronR
No. as long as a 45 hour rest period is started before 23.59 sunday is can be attached to that week.
AaronR:
Question,
If say on the first weekend a driver reduced his weekly rest to 35 hours, so the following weekend a 45 hour had to be taken, does the 45 hour break need to be completed by midnight sunday as its the end of the “Fixed working week”?
I ask because ive always been led to believe that as long as the 45 hour break is taken between the two weekly working weeks thats ok, but someone at a compliance company has recently told me that it has to be completed by midnight on the sunday??
Hope someone can help
AaronR
What you’ve been led to believe is correct and the other “someone” is wrong 
A weekly rest period that crosses over two weeks (Sunday/Monday) can count for either week but not both.
The only time a rest period might have to be completed by midnight is when you are paying back compensation for a reduced weekly rest and you have left it until the final week to pay it back.
The regulations say that compensation must be made before the end of the third week following the reduction so if you reduce in Week 1 you will, have had to have completed the rest and compensation before midnight on the Sunday of week 4, which is the end of the third week following the reduction.