I know this was discussed to a degree on another thread a few weeks ago but I’d like to get some clarity on daily rest requirements in respect of weekly rest.
As we are required to have a daily rest of 11 hours (reducing to 9 hours if required 3 times in a week) in a 24 hour period from when a shift commences. Does this mean that at the end of the week, a daily rest period of 11 hours (or 9 as appropriate) must be taken and then a weekly rest period of 45 hours (if not reducing the weekly rest).
I’d always thought that the weekly rest commenced as soon as you finished your last shift of the week
MAT:
I know this was discussed to a degree on another thread a few weeks ago but I’d like to get some clarity on daily rest requirements in respect of weekly rest.
As we are required to have a daily rest of 11 hours (reducing to 9 hours if required 3 times in a week) in a 24 hour period from when a shift commences. Does this mean that at the end of the week, a daily rest period of 11 hours (or 9 as appropriate) must be taken and then a weekly rest period of 45 hours (if not reducing the weekly rest).
I’d always thought that the weekly rest commenced as soon as you finished your last shift of the week
Within each period of 24 hours after the end of the
previous daily rest period or weekly rest period a driver shall
have taken a new daily rest period.
A daily rest period may be extended to make a regular
weekly rest period or a reduced weekly rest period.
I think it is this sentence that is causing you some confusion.
Any rest taken as compensation for a reduced weekly rest
period shall be attached to another rest period of at least nine
hours.
Which only means, if you owe your 45 hour regular rest period 3 hours, you cannot compensate that 3 hours, unless it is attached to a daily or weekly rest.
MAT:
I know this was discussed to a degree on another thread a few weeks ago but I’d like to get some clarity on daily rest requirements in respect of weekly rest.
As we are required to have a daily rest of 11 hours (reducing to 9 hours if required 3 times in a week) in a 24 hour period from when a shift commences. Does this mean that at the end of the week, a daily rest period of 11 hours (or 9 as appropriate) must be taken and then a weekly rest period of 45 hours (if not reducing the weekly rest).
I’d always thought that the weekly rest commenced as soon as you finished your last shift of the week
You can have a reduced daily rest period 3 times between two consecutive weekly rest periods
The last daily rest period of the working week extends into a weekly rest period. so whilst you still should have the daily rest period after the last shift before starting a weekly rest period, the weekly rest period also begins when you finish the shift.
You could say that the last daily rest period also serves as part of the weekly rest period.
A daily rest period may be extended to make a regular
weekly rest period or a reduced weekly rest period.
I reckon that is the one he is looking for
Example
last shift of the week = 13 hours
driver takes 45 hours off before starting the next shift
The first 11 hours of that time off counts as both the 11 hour daily rest AND the first 11 hours of the 45 weekly rest
That is probably not the correct way of saying it but i hope it helps
I think you’ve indirectly answered my question. I’m trying to understand what is the maximum number of hours I can work in a week and stay compliant in terms of daily and weekly rest.
What I was getting at is, say on the last working day of my week, where I have already taken 3 reduced daily rest periods of 9 hours each, I cannot extend my last shift beyond 13 hours as I would need to demonstrate a rest period of at least 11 hours within the 24 hour period from whence the shift commenced. The weekly rest period in this context is irrelevant, I think.
So I could actually work (inclusive of breaks and POA’s to the tune of at least 11 hours) 71 hours in a week and be legal
MAT:
What I was getting at is, say on the last working day of my week, where I have already taken 3 reduced daily rest periods of 9 hours each, I cannot extend my last shift beyond 13 hours as I would need to demonstrate a rest period of at least 11 hours within the 24 hour period from whence the shift commenced. The weekly rest period in this context is irrelevant, I think.
That’s right you would in those circumstances need an 11 hour daily rest period within the 24 hour period from start of shift.
MAT:
So I could actually work (inclusive of breaks and POA’s to the tune of at least 11 hours) 71 hours in a week and be legal
Over a 5 shift week without having split daily rest periods you could do 71 hours or 84 hours over 6 shifts.
MAT:
Does this mean that at the end of the week, a daily rest period of 11 hours (or 9 as appropriate) must be taken and then a weekly rest period of 45 hours (if not reducing the weekly rest)
No, you extend a daily rest into a weekly rest so your weekly rest begins when you finish the last shift of your week but contains your daily rest required for that day.
The reason the first part of that weekly rest is also daily rest is because of the daily rest requirements of 11, or at least 9 when available, hours fitting into the 24 hour period from when you start your shift. If you just went straight onto weekly rest with no requirement for a daily rest on the final day of your week there would be nothing to stop you working a shift of 16, 17, 18 or more hours. The daily rest rules apply just as much to the last shift before your weekly rest period as they do to the first one after a weekly rest.
Glad you don’t though