I’m currently broken down 30 miles from the yard. I’m on POA as DaftAid are on route apparently.
I started at 05:49 this morning and it’s currently 19:30.
If they repair me and I drive back to my yard and it’s after 20:49 I know I will have less than 9 hours rest before my shift tomorrow
So do I take the day off and come back to work on Wednesday and all is good with the world, or am I screwed anyway?
Irrespective of the legalities on times, I wouldnt be wanting only 9 off at home including 2 commutes at the best of times…, let alone after sitting on a breakdown after god knows how long.
What time do you usually finish?
It’d be either next day off for me or getting the planner to ‘adapt and react’ as they are supposed to do.
Well you cannot legally have less than 9 hours rest even though you’ve broken down, why not tell your boss that you will need to start late in the morning and let them arrange your journey accordingly.
Unless it suits you to have tomorrow off 
My finish times vary. But today I did get repaired, but I went 2 minutes over 15 hours. So I’m now off for 2 days paid 
I thought your start times are fixed based on your first day of the week my start time was 5:49 am. Anyway I am now off for 45 hours
No not unless that’s a company rule where you work, legally you can start work after a daily rest period regardless of the time of day.
Anyway, enjoy your couple of days off 
Yes I understand what you are saying. But if I start at 6am on Monday then don’t I need to have a minimum of 9 hours rest by 6am on Tuesday and so on?
Thanks I’ll relax I’m sure
if you start at 6 am on a monday for example you could finish at 6pm monday evening and be back at work at 5 am on the tues having had a full daily of 11 hours.
in other words you can have a full daily rest and start an hour earlier (or more depending on finish time)
there are plenty of posts on here about people going from days to nights and back again all in the same week
Ah ok. I was 2 minutes over my 15hrs anyway so it’s irrelevant on this occasion, but thanks for the information all of you. I was under the impression that whatever time you started on a Monday morning that was the time you needed to have your rest period By the next day and for the full week
For single manned daytime journeys on EU regulations, the regulations state that you must complete a daily rest period (regular or reduced) within the period of 24 hours from the start of the shift, however a new period of 24 hours begins when you start work after a daily or weekly rest period.
Think of the period of 24 hours from the start of work as being the maximum time in which you must have completed a daily rest period not necessarily a fixed period of 24 hours.
That way you’ll see that you can start work at anytime of day after a daily rest period.
Ok so my minimum 9hr rest would have had to have been taken before 05:49 this morning then as that’s the time I started the day before, do I have that correct?
My company policy is to rest me for 2 days after going over the 15hr shift. Found that out this morning because it’s never happened to me before
They also told me yesterday whilst I was broken down that I could extend the shift to a maximum of 16hrs to get myself to a safe place to rest. I’m Class 2 btw
Don’t think in terms of days of the week, think in terms of “24 hour work periods”: The legislation does not mention “days”, only “hours”. Going over your 15 means you’re automatically going into the next 24 hour period, so having the next day off is the only legal option; starting later doesn’t eliminate the issue of “insufficient daily rest”
Your company can’t “authorise” you to “extend your shift to 16 hours”, they can say THEY won’t treat it as an infringement, but DVSA can and most likely would. Whoever told you that is probably misunderstanding to options for “unforeseen events” as described in EU 2020/1054
Basically, as long as the breakdown (or other demonstrable unforeseen event) happens (i) after the work (drops/collections) is completed, and (ii) you’re on your way back to the yard to begin a weekly rest, there are two option in EU 2020/1054, “provided road safety is not thereby jeopardised” (direct quote from the legislation) to exceed your maximum drive time.
Option one: exceed drive time by up to one hour (ie 11 hours maximum), then need to begin a weekly rest (24 hours minimum)
Option two: exceed drive time by up to two hours (ie 12 hours maximum), but you then need to have an extra 30 minutes rest immediately before starting the extra driving, and need to be taking a full weekly rest of 45 hours minimum.
You need to do two printouts - one for you to keep, one to give to your TM - with details on the back - just like any infringement. You also need compensation rest for the extended drive times.
Okay that is more clear. But the compensation rest you’re talking about for exceeding the drive time, is that the 30 minutes rest before extending the drive time?
No: The 30 minutes extra rest is required simply to allow you to do the ‘up to two hours’ extra driving beyond the usual maximum of 10 hours.
As you would then be legally required to have a full weekly rest of 45 hours minimum, the extra two hours compensation is to be added to that, or (presumably) to another full 45 hours before the end of the third week following this, but I would hope you could get those two hours in straight away.
Ok I understand. But if it was 2 hours for me to get back to the yard after a breakdown I’d get recovered anyway