I currently work from 1830 - 0815 with a sleep out period from 2230 - 0430. I am being told as it is a split shift and that I am on a break for more than 3 hours I am not breaking any laws regarding minimum rest?
It works out at 13hr 45 per day so i would have thought after 3 x days of taking the reduced rest of 9 hours i would be breaking the law for my remaining two days as I am only getting 10hr 15 daily yet I am being told because it is a split shift and I am on a 3hr+ break during the sleepout it is ok - can anyone confirm this is correct.
They are correct. As long as you have 3+ uninterrupted hours then your daily rest will count as a full rest period.
your first break must be a un-interupted rest break of at least 3 hours and your second break of at least 9 hours 
grahamzx6r:
your first break must be a un-interupted REST of at least 3 hours and your second REST of at least 9 hours
Which makes 12 hours rest, so it is not a reduced rest, it counts as a full rest period!
However as you are on duty for 13.45 hours which includes driving, breaks and POA I find it difficult to get the 12 hours plus 13.45 to fit into a 24 hour window.
Article 8
- 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.
If the portion of the daily rest period which falls within that
24 hour period is at least nine hours but less than 11 hours,
then the daily rest period in question shall be regarded as a
reduced daily rest period.
It seems you need to start an hour later and finish an hour earlier to be correct, You are sleeping for 6 hours when 3 is sufficient 
He’s not on duty for 13hrs45mins Malc. Six of those hours are on rest as the first part of his split rest. He finishes his shift at 0815 then has 9 hours rest to comply with the regs which takes him up to 1715. As he doesn’t start again until 1830 he has 1hr15mins “left of his day”. This is my interpretation of his situation. I await with bated breath the arrival of “speaks in hushed voice”, Coffee or Tachograph!
44 Tonne Ton:
This is my interpretation of his situation. I await with bated breath the arrival of “speaks in hushed voice”, Coffee or Tachograph!
Me too. I haven’t had my arse kicked for a few months now!
I’d be inclined to think it’s illegal, because it just falls outside the 24 hour spread over. I know he will have had over 11 off within 24 hours but the full 9 hour bit won’t quite fit. But then he has had 11 hours within 24. I’m going to stop thinking about it now, I’m confusing myself.
RuddyAntique:
I currently work from 1830 - 0815 with a sleep out period from 2230 - 0430. I am being told as it is a split shift and that I am on a break for more than 3 hours I am not breaking any laws regarding minimum rest?
It works out at 13hr 45 per day so i would have thought after 3 x days of taking the reduced rest of 9 hours i would be breaking the law for my remaining two days as I am only getting 10hr 15 daily yet I am being told because it is a split shift and I am on a 3hr+ break during the sleepout it is ok - can anyone confirm this is correct.
You’re shift is spread-over 13 3/4 hours with a rest period during the shift of 6 hours (I want your job ) you then have 10 1/4 hours rest before 18:30 (18:30 is the end of the 24 hour period).
As has been said as you have a 3 consecutive hours rest during the shift you only need a 9 hours rest period at the end of the shift, the 9 hours must be within the period of 24 hours from the start of shift which in your case it is.
A split daily rest period is not classed as a reduced daily rest so you can do this every working day if you wish 
A split daily rest period must consist of a rest period on no less than 3 consecutive hours during the shift and no less than 9 consecutive hours daily rest at the end of the shift.
The short answer is that what you are doing is legal
switchlogic:
I’d be inclined to think it’s illegal, because it just falls outside the 24 hour spread over. I know he will have had over 11 off within 24 hours but the full 9 hour bit won’t quite fit.
13¾ + 9 = 22¾.
Start shift 18:30
Work 18:30 - 22:30 = 4 hours
Rest 22:30 - 04:30 = 6 hours
Work 04:30 - 08:15 = 3¾ hours
End Shift 08:15
Rest 10¼ hours
Start shift 18:30
7¾ hours work + 16¼ hours rest = 24 hours.
The only remaining question is where do we get an application form?
Cheers all for clarifying this reg’s on split shifts.
Coffeeholic:
switchlogic:
I’d be inclined to think it’s illegal, because it just falls outside the 24 hour spread over. I know he will have had over 11 off within 24 hours but the full 9 hour bit won’t quite fit.
13¾ + 9 = 22¾.
Start shift 18:30
Work 18:30 - 22:30 = 4 hours
Rest 22:30 - 04:30 = 6 hours
Work 04:30 - 08:15 = 3¾ hours
End Shift 08:15
Rest 10¼ hours
Start shift 18:30
7¾ hours work + 16¼ hours rest = 24 hours.
The only remaining question is where do we get an application form?
Ask Jason for a transfer to HDC !!! 
jimboy124:
Coffeeholic:
switchlogic:
I’d be inclined to think it’s illegal, because it just falls outside the 24 hour spread over. I know he will have had over 11 off within 24 hours but the full 9 hour bit won’t quite fit.
13¾ + 9 = 22¾.
Start shift 18:30
Work 18:30 - 22:30 = 4 hours
Rest 22:30 - 04:30 = 6 hours
Work 04:30 - 08:15 = 3¾ hours
End Shift 08:15
Rest 10¼ hours
Start shift 18:30
7¾ hours work + 16¼ hours rest = 24 hours.
The only remaining question is where do we get an application form?
Ask Jason for a transfer to HDC !!!
Nah, I’m not going to sleep in our yard for 6 hours thank you very much, not with Paul charging about the place and people coming back from the Charnock trunk and making a lot of noise. And since I typed that reply I, as you well know, have transferred to an easier job than that. He does nearly twice as much work in his shift as I do in mine. 
Oh and you do even less than me now.
