quick question. on daily rest breaks who controls whom takes a 9 hour off or 11 hours. Does a company have a legal right to enforce a 9 hour break when a driver goes home for his daily rest. or does the driver have the final say on what break he likes?
leo.saphira:
quick question. on daily rest breaks who controls whom takes a 9 hour off or 11 hours. Does a company have a legal right to enforce a 9 hour break when a driver goes home for his daily rest. or does the driver have the final say on what break he likes?
Assuming there’s nothing relevant in your contract of employment it’s hard to answer this question.
Some people will tell you it’s your decision and your decision alone to make and to some extent that’s true, if you’re going to be too tired to drive after 9 hours daily rest then any boss who tried to make you could be setting himself up for problems of a tribunal nature, not to mention how he would explain his actions if there was an accident caused by your tiredness.
However your employer has a business to run and if you regularly played the safety card saying you won’t be rested enough after only 9 hours rest they may decide that you’re not up-to the job and start a disciplinary procedure.
The best option is to try to come to a compromise with your employer whereby they wont plan a reduced daily rest unless it’s absolutely necessary.
Under the EU Driver’s Hours Regulations the company break no laws by scheduling you to take a reduced rest period if you have one available. It is not, contrary to popular myth, the drivers perogative.
Our company slipped up big time,they gave us a letter saying that it is THE DRIVERS responsibilty to ensure they have had enough rest before commencing a shift,in my eyes 9hrs is not sufficient rest as you are lucky to get 4-5 hours sleep in 9 hours break,therefore i have always point blank refused to reduce from 11hrs,i was also told that they cannot force you to reduce(by a transport manager within our company)nor can they take any form of discilpinary action against you for refusing to reduce.
I have reduced once in 6 years of driving,never again.
ckm1981:
Our company slipped up big time,they gave us a letter saying that it is THE DRIVERS responsibilty to ensure they have had enough rest before commencing a shift,in my eyes 9hrs is not sufficient rest as you are lucky to get 4-5 hours sleep in 9 hours break,therefore i have always point blank refused to reduce from 11hrs,i was also told that they cannot force you to reduce(by a transport manager within our company)nor can they take any form of discilpinary action against you for refusing to reduce.
I have reduced once in 6 years of driving,never again.
You have only done one shift of more than 13 hours in 6 years, that’s pretty good going?
Coffeeholic:
ckm1981:
Our company slipped up big time,they gave us a letter saying that it is THE DRIVERS responsibilty to ensure they have had enough rest before commencing a shift,in my eyes 9hrs is not sufficient rest as you are lucky to get 4-5 hours sleep in 9 hours break,therefore i have always point blank refused to reduce from 11hrs,i was also told that they cannot force you to reduce(by a transport manager within our company)nor can they take any form of discilpinary action against you for refusing to reduce.
I have reduced once in 6 years of driving,never again.You have only done one shift of more than 13 hours in 6 years, that’s pretty good going?
Where exactly does it say that in my post?our place of work send out 50+ routes a day with start times anywhere between 3am-7am this makes it possible to no have to reduce.Really aont got a clue where you got you workings out from…odd.
ckm1981:
Coffeeholic:
ckm1981:
Our company slipped up big time,they gave us a letter saying that it is THE DRIVERS responsibilty to ensure they have had enough rest before commencing a shift,in my eyes 9hrs is not sufficient rest as you are lucky to get 4-5 hours sleep in 9 hours break,therefore i have always point blank refused to reduce from 11hrs,i was also told that they cannot force you to reduce(by a transport manager within our company)nor can they take any form of discilpinary action against you for refusing to reduce.
I have reduced once in 6 years of driving,never again.You have only done one shift of more than 13 hours in 6 years, that’s pretty good going?
Where exactly does it say that in my post?our place of work send out 50+ routes a day with start times anywhere between 3am-7am this makes it possible to no have to reduce.Really aont got a clue where you got you workings out from…odd.
Well you kind of suggested it in your post 
If you’ve only had a reduced daily rest period once in 6 years either on other occasions you’ve had a 3 hour rest period during the shift or you’ve only done one shift of more than 13 hours.
Regardless of how many routes your company has there are no other alternatives
tachograph:
ckm1981:
Coffeeholic:
ckm1981:
Our company slipped up big time,they gave us a letter saying that it is THE DRIVERS responsibilty to ensure they have had enough rest before commencing a shift,in my eyes 9hrs is not sufficient rest as you are lucky to get 4-5 hours sleep in 9 hours break,therefore i have always point blank refused to reduce from 11hrs,i was also told that they cannot force you to reduce(by a transport manager within our company)nor can they take any form of discilpinary action against you for refusing to reduce.
I have reduced once in 6 years of driving,never again.You have only done one shift of more than 13 hours in 6 years, that’s pretty good going?
Where exactly does it say that in my post?our place of work send out 50+ routes a day with start times anywhere between 3am-7am this makes it possible to no have to reduce.Really aont got a clue where you got you workings out from…odd.
Well you kind of suggested it in your post
If you’ve only had a reduced daily rest period once in 6 years either on other occasions you’ve had a 3 hour rest period during the shift or you’ve only done one shift of more than 13 hours.
How???finish my shift a Xo’clock,start my next shift 11 hours later…can’t see how that’s difficuly to understand.Regardless of how many routes your company has there are no other alternatives
Ok,I’m not sure how you are getting to your answers but I’ll explain it in simple terms…
I finish my shift at X o’clock and start my next shift 11 hours later,that’s it.
ckm1981:
Ok,I’m not sure how you are getting to your answers but I’ll explain it in simple terms…
I finish my shift at X o’clock and start my next shift 11 hours later,that’s it.
They are refering to the legal definition of what does or does not qualify as a ‘reduced’ rest period. You are measuring your ‘actual’ rest period, thats all.
ckm1981:
Ok,I’m not sure how you are getting to your answers but I’ll explain it in simple terms…
I finish my shift at X o’clock and start my next shift 11 hours later,that’s it.
You do know that the daily rest period has to be completed within the 24 hour period from the start of shift ?
Example:
Start a shift at 06:00 and you must have completed either a regular 11 hour daily rest period or a reduced daily rest period of no less than 9 hours by 06:00 the following day.
That means that if you start at 06:00 in order to have an 11 hour daily rest period you must finish the shift no later than 19:00, that allows you to have an 11 hour daily rest period completed by 06:00.
If you start the shift at 06:00 and finish at 19:01 you can only have 10 hours 59 minutes rest by 06:00 the following day so legally it’s a reduced daily rest period regardless of what time you start work the following day.
Mike-C:
ckm1981:
Ok,I’m not sure how you are getting to your answers but I’ll explain it in simple terms…
I finish my shift at X o’clock and start my next shift 11 hours later,that’s it.They are refering to the legal definition of what does or does not qualify as a ‘reduced’ rest period. You are measuring your ‘actual’ rest period, thats all.
AAHHH! i see,my apologies…should have said i never have less that 11 hours “off” before i start work again,whether it falls into the same 24 hour period or not,ie 9 hours in the same 24 hour period as my start time +2 hours in the next 24 hour period is what i mean by 11 hours. 
ckm1981:
Coffeeholic:
ckm1981:
Our company slipped up big time,they gave us a letter saying that it is THE DRIVERS responsibilty to ensure they have had enough rest before commencing a shift,in my eyes 9hrs is not sufficient rest as you are lucky to get 4-5 hours sleep in 9 hours break,therefore i have always point blank refused to reduce from 11hrs,i was also told that they cannot force you to reduce(by a transport manager within our company)nor can they take any form of discilpinary action against you for refusing to reduce.
I have reduced once in 6 years of driving,never again.You have only done one shift of more than 13 hours in 6 years, that’s pretty good going?
Where exactly does it say that in my post?our place of work send out 50+ routes a day with start times anywhere between 3am-7am this makes it possible to no have to reduce.Really aont got a clue where you got you workings out from…odd.
I asked because you often hear drivers adamant that they will never take a reduced daily rest period yet are frequently doing so by doing shifts of more than 13 hours. Kinda weakens their argument and it’s better to know what you are arguing about as it can save you looking an arse I find. Work 13 hours = Not reduced, work 13 hours and 1 minute = reduced.
Coffeeholic:
ckm1981:
Coffeeholic:
ckm1981:
Our company slipped up big time,they gave us a letter saying that it is THE DRIVERS responsibilty to ensure they have had enough rest before commencing a shift,in my eyes 9hrs is not sufficient rest as you are lucky to get 4-5 hours sleep in 9 hours break,therefore i have always point blank refused to reduce from 11hrs,i was also told that they cannot force you to reduce(by a transport manager within our company)nor can they take any form of discilpinary action against you for refusing to reduce.
I have reduced once in 6 years of driving,never again.You have only done one shift of more than 13 hours in 6 years, that’s pretty good going?
Where exactly does it say that in my post?our place of work send out 50+ routes a day with start times anywhere between 3am-7am this makes it possible to no have to reduce.Really aont got a clue where you got you workings out from…odd.
I asked because you often hear drivers adamant that they will never take a reduced daily rest period yet are frequently doing so by doing shifts of more than 13 hours. Kinda weakens their argument and it’s better to know what you are arguing about as it can save you looking an arse I find. Work 13 hours = Not reduced, work 13 hours and 1 minute = reduced.
Yes but I said I never take less that 11hrs break not 11 daily rest:wink:
ckm1981:
Coffeeholic:
ckm1981:
Coffeeholic:
ckm1981:
Our company slipped up big time,they gave us a letter saying that it is THE DRIVERS responsibilty to ensure they have had enough rest before commencing a shift,in my eyes 9hrs is not sufficient rest as you are lucky to get 4-5 hours sleep in 9 hours break,therefore i have always point blank refused to reduce from 11hrs,i was also told that they cannot force you to reduce(by a transport manager within our company)nor can they take any form of discilpinary action against you for refusing to reduce.
I have reduced once in 6 years of driving,never again.You have only done one shift of more than 13 hours in 6 years, that’s pretty good going?
Where exactly does it say that in my post?our place of work send out 50+ routes a day with start times anywhere between 3am-7am this makes it possible to no have to reduce.Really aont got a clue where you got you workings out from…odd.
I asked because you often hear drivers adamant that they will never take a reduced daily rest period yet are frequently doing so by doing shifts of more than 13 hours. Kinda weakens their argument and it’s better to know what you are arguing about as it can save you looking an arse I find. Work 13 hours = Not reduced, work 13 hours and 1 minute = reduced.
Yes but I said I never take less that 11hrs break not 11 daily rest:wink:
No, you said you refuse to reduce from 11 hours, but you do. 
ckm1981:
i have always point blank refused to reduce from 11hrs
You’re making it worse BTW, if you are having an 11 hour break you are only working at most 4 hours in the shift. break and rest are different things with different requirements.
Break is taken during the shift and you don’t need to be free to dispose of your time as you wish.
Rest is generally taken after a shift and you must be free to…
etc etc.
Jesus fella,you know what I mean stop getting your knickers in a twist over using the correct terminology.When I finish my shift I start my next shift 11hrs later…end of story.
ckm1981:
Jesus fella,you know what I mean stop getting your knickers in a twist over using the correct terminology.When I finish my shift I start my next shift 11hrs later…end of story.
As long as you know the difference between an ACTUAL rest time of 11 hours and what the regulations say about the rest required in a 24 hour period and the various other rules that go with it then I reckon you’ll be OK
ckm1981:
Jesus fella,you know what I mean stop getting your knickers in a twist over using the correct terminology.When I finish my shift I start my next shift 11hrs later…end of story.
I know what you meant but others might not, and to be fair you weren’t sure because in an earlier post you couldn’t see how some of us were saying you did reduce despite you protestations. Just clarifying it for people who don’t know. Many drivers get nicked when they thought they had taken an 11 hour daily rest when in fact they hadn’t because it didn’t fall into the 24-hour period. You post could have added to that confusion.
Unfortunately correct terminology is important when dealing with the rules, it can also save the driver making an arse of themselves over things like break and rest when they throw the toys out the pram and say they can’t take a break somewhere.
Anyway, I don’t want to play with you any more coz you’re no fun.
ckm1981:
I have reduced once in 6 years of driving,never again.
Coffeeholic:
ckm1981:
Jesus fella,you know what I mean stop getting your knickers in a twist over using the correct terminology.When I finish my shift I start my next shift 11hrs later…end of story.I know what you meant but others might not, and to be fair you weren’t sure because in an earlier post you couldn’t see how some of us were saying you did reduce despite you protestations. Just clarifying it for people who don’t know. Many drivers get nicked when they thought they had taken an 11 hour daily rest when in fact they hadn’t because it didn’t fall into the 24-hour period. You post could have added to that confusion.
Unfortunately correct terminology is important when dealing with the rules, it can also save the driver making an arse of themselves over things like break and rest when they throw the toys out the pram and say they can’t take a break somewhere.
Anyway, I don’t want to play with you any more coz you’re no fun.
No wonder you have that graphic as your avatar Coffee…