We’ve had lots of discussions here in the past about 7 days a week etc. And usually there is a lot of guessing or interpreting going on as to what is meant in the regulations, allsorts of differing viewpoints. Not that i aim to clear it all up, it actually gets foggier as you read it all, but here we go, here’s why you can work 7 days or more as long as its no more than 144 hours and its nothing to do with “different sets of rules” or looking at them this way or that, or a day is not defined or what 24 hours is. It was a simple High Court descision in May, 1988 …
The High Court set an important precedent last week ruling that drivers can work more than six daily driving periods within six days, provided that they do not push the total number of hours driven, since their last weekly rest, to a figure in excess of the maximum permitted in six consecutive daily driving periods.
Patrick Kelly, a driver with Redhead Freight of Dungiven in Northern Ireland, was appealing to the High Court against a conviction given against him by Bradford Magistrates on four offences of not taking 45 hours consecutive rest after working six daily driving periods. (CM 29 October-4 November and 8-14 October 1987).
Justice Hutchison said that the magistrates were wrong to conclude that in the calculation of driving periods, “day” meant any period of 24 hours commencing at midnight. He felt that the view of both defence and prosecution that “day” meant successive periods of 24 hours beginning at whatever time the driver resumed after a weekly rest period – a “rolling period” of 24 hours – was the correct interpretation.
The prosecution argued, however, that Article 6(1) did not permit driving during the period after the sixth daily driving period in which a driver could postpone the commencement of his weekly rest period, stating that a driver must, after no more than six daily driving periods, take a weekly rest period.
The defence maintained the phrase “if the total driving time over the six days does not exceed the maximum corresponding to six daily driving periods” would not have been included in the regulations if it had not been envisaged that a driver could have seven or eight daily driving periods in six days.
Hutchison said that every driver must have a weekly rest period, as defined by Article 8, between midnight Sunday and midnight on the following Sunday.
Source…archive.commercialmotor.com/arti … VChul0V.99
So since then, we’ve been able to work more than…six daily driving periods (as they where known) or six days or whatever you want to call them. The criteria being you cannot go more than 144 hours from your last weekly rest period until you start your next one.
Now that was a High Court Judgement i’ve no idea how binding it is on the wider EU. But as far as us in the UK are concerned thats all we need to know…
Well until a European Judgment of the Court of 9 June1994 which sought to clarify this question…
Definition of period of work and end of working day
Thus…
.Is the period of work each period during which the driver of a vehicle subject to Regulations (EEC) No 3820/85 and 3821/85 cannot freely dispose of his
time? Does the period of work comprise driving periods, breaks in driving and time
devoted to other activities?
Is a ‘day’ a period of 24 hours and when does a day commence for the purposes of interpreting Regulations (EEC) No 3820/85 and 3821/85: at 0000 hours of the calendar day or at the moment when
the driver concerned first takes over a vehicle subject to those regulations? Can the day commence at a different time?
Is the end of the working period the moment at which the driver concerned is
no longer accountable for the use of his time to the management of the transport
company, and at which he regains the right freely to dispose of his time?
Now the Courts answer does define a day, and it also throws a different light on a 24 hour period than mentioned in the previous Judgement. Here it is…
The “daily working period” within the meaning of Article 15(2) of Regulation (EEC) No 3821/85
comprises the driving time, all other periods of work,the period of availability, breaks in work and, where the driver divides his daily rest into two or three separate periods, such a period, provided that it does not exceed one hour. The “daily working period” commences at the time when the driver activates the tachograph following a weekly or daily rest period, or,if the daily rest is divided into separate periods,following the rest period of at least eight hours’ duration. It ends at the beginning of a daily rest period or, if the daily rest is divided into separate periods, at the beginning of a rest period extending over a minimum of eight consecutive hours.
The term “day”, within the meaning of Regulation (EEC) No 3820/85 and of Regulation No 3821/85,
must be understood as equivalent to the term “period of 24 hours”, which refers to any period of that
duration which commences at the time when the driver activates the tachograph following a weekly or
daily rest period.
Source…ec.europa.eu/transport/modes/roa … ements.pdf
So to summarise…
1988 High Court Judgement of Justice Hutchinsons says Prosecution is wrong in its assesment that a 24 hour period begins at midnight, Justice Hutchinson says 24 hour periods start rolling from the end of your weekly rest, consecutively.
1994 European Judgement ,which comes with a disclaimer as to how it may affect 561/2006 (it says it should be assesed on a case by case basis), says a 24 hour period begins when you resume work after a daily or weekly rest period. This clearly debunks the 1988 Judgement. At least as far as the wider EU is concerned assuming the UK as it appears to do ignores it.
You all did see a “day” defined in there didn’t you ? 
Note: just for ease of reading…
Regulation (EEC) No 3820/85 = old drivers hours regs
Regulation (EEC) No 3821/85 = current tachograph regs
Regulation (EEC) No 561/2006 = current drivers hours regs
VOSA stance today on Justice Hutchinsons ruling of 1998 regarding weekly rest is that his descision that 24 hours start rolling once you finish your weekly rest is correct. They ignore his descision that … every driver must have a weekly rest period, as defined by Article 8, between midnight Sunday and midnight on the following Sunday. And infact they say you can start a weekly rest in one week and finish it in the next.
Next we’ll debunk the split weekly rest period for HGV drivers !!
