Hi, I usually start my week on Sunday afternoon/ evening till Thursday and every second Friday, so I get 45hours+ one week, then reduced 24 hours + second week. Is this permitted? Would I need to compensate my reduced week on my third week?
I’ve been doing 5 on 6 on for 2 months without a problem, but last week when the clocks went back, somehow caused an infringement.
This week, I start on Sunday through till Friday ( reduced), but I need to have a day off on Tuesday, how does the tacho know that it’s a day off rather than a reduced weekly rest?
m3cab:
Hi, I usually start my week on Sunday afternoon/ evening till Thursday and every second Friday, so I get 45hours+ one week, then reduced 24 hours + second week. Is this permitted? Would I need to compensate my reduced week on my third week?
I’ve been doing 5 on 6 on for 2 months without a problem, but last week when the clocks went back, somehow caused an infringement.
This week, I start on Sunday through till Friday ( reduced), but I need to have a day off on Tuesday, how does the tacho know that it’s a day off rather than a reduced weekly rest?
Where nothing is recorded it is deemed as rest for the EU regs
How many hours off … total full hours will do - forget minutes for now
Regular weekly rest?
Reduced weekly rest?
On the infringing week I finished on sat 6:30am, started on sun 18:00, but that week clocks went back.
I typically finish 6-7am sat if it’s a reduced week, 6-7am fri if it’s a reg weekly rest, starting again 18:00-20:00 Sunday, thinking that’s ok until someone told me about compensating for you reduced weekly rest.
m3cab:
On the infringing week I finished on sat 6:30am, started on sun 18:00, but that week clocks went back.
I typically finish 6-7am sat if it’s a reduced week, 6-7am fri if it’s a reg weekly rest, starting again 18:00-20:00 Sunday, thinking that’s ok until someone told me about compensating for you reduced weekly rest.
Ok let me see if I have this correct …
Finish 0700 sat and start 1900 sunday = reduced weekly rest of 36 hours leaving 9 to be paid back
Finish 0700 fri and restart 1900 sunday = 60 hours off which is easily 45 + 9 payback = 54 hours
Worse case scenario you finish at 0700 saturday and restart sunday at 1800 = 35 rest with 10 to pay back on a reduced and then finish 0700 Friday and restart 1800 sunday = 59 off which easily covers 45 + 10 = 55
I fail to see how you are not paying back anywhere
BTW - if using digi all times on printout are in UTC/GMT/ZULU time no matter what the display says so going from GMT to BST or vice versa makes no difference
Even with a 1 hour difference it would not affect the figures in my last post in any significant way to cause a non payback
ROG:
Where nothing is recorded it is deemed as rest for the EU regs
How does the tacho know whats being used for weekly rest purposes or not? If you normally work Monday to Friday or Saturday morning etc and always get a full 45 hours in each week but one week take a day off mid week, does the tacho count this is a reduced weekly rest period that will need to be paid back later, or not?
ROG:
Where nothing is recorded it is deemed as rest for the EU regs
How does the tacho know whats being used for weekly rest purposes or not? If you normally work Monday to Friday or Saturday morning etc and always get a full 45 hours in each week but one week take a day off mid week, does the tacho count this is a reduced weekly rest period that will need to be paid back later, or not?
Surely that depends on the total weekly rest for that week. 45 or more + day off = normal weekly rest or alternatively 24 + day off ( totalling less than 45) reduced weekly rest. 44 hours including day off gives reduced with 1 to pay back etc
Little bit off topic, but anyway.
Went in for my 20:00 shift, sat around doing nothing for 6 hours, got sent home.
As I didn’t use tacho, I asked traffic guy " shall I manual enter a 6 hour poa tomorrow when I use a tacho for a different company?"
Traffic guy says " you don’t need to do anything, when the day time guys come in they will enter it in Tachomaster and will show on your digi by the time you use it"
Surely not possible■■? They can make a manual entry without my card remotely?
Bulllshit I thought, but I’m not an expert!!!
ROG:
Where nothing is recorded it is deemed as rest for the EU regs
How does the tacho know whats being used for weekly rest purposes or not? If you normally work Monday to Friday or Saturday morning etc and always get a full 45 hours in each week but one week take a day off mid week, does the tacho count this is a reduced weekly rest period that will need to be paid back later, or not?
That would be an extra weekly rest mid week
I do not know how well the software works in digis but lets assume that tacho is analogue - its then up to the driver to state what weekly rest is used for each week and if extra weekly rests were done then they are just that - extra ones Weekly rests not used as the weekly rest for a particular week do not need compensating for
m3cab:
Little bit off topic, but anyway.
Went in for my 20:00 shift, sat around doing nothing for 6 hours, got sent home.
As I didn’t use tacho, I asked traffic guy " shall I manual enter a 6 hour poa tomorrow when I use a tacho for a different company?"
Traffic guy says " you don’t need to do anything, when the day time guys come in they will enter it in Tachomaster and will show on your digi by the time you use it"
Surely not possible■■? They can make a manual entry without my card remotely?
Bulllshit I thought, but I’m not an expert!!!
Me thinking BS as well
If on agency and getting paid from the records on the card then you will need to record those 6 hours to get paid
Legally those 6 hours should be recorded
Realistically I do not think anyone would record those 6 hours unless they lost out financially
Fta software unexplained days are manually imputed by either your TM or traffic planner via a PC ours is called CDU software. Your holidays are manually imputed aswell. I got an infringment for a training day went to isotrak in Milton Keynes was driving a hire car so no tacho involved. How did I get an infringment? Because my boss imputed me as other work for 12 works and didn’t enter any breaks.
Now that just covers private analysis, a roadside check if you where asked to provide details on missing days I think you would need to show your diary or some written record. In my diary I write rest day if I’m not working.
merc0447:
… a roadside check if you where asked to provide details on missing days I think you would need to show your diary or some written record. In my diary I write rest day if I’m not working.
No legal requirement to do that
VOSA might ask what you were doing but if the driver says it was rest day or a two week holliday etc then that’s it unless it seems so unreasonable that VOSA decide to take it further = very rare thing for them to do
m3cab:
Went in for my 20:00 shift, sat around doing nothing for 6 hours, got sent home.
As I didn’t use tacho, I asked traffic guy " shall I manual enter a 6 hour poa tomorrow when I use a tacho for a different company?"
That’s not strictly POA though. You had nothing to do initially and it sounds like you were sitting around on the off chance something pops up and when it didn’t after 6 hours you went home. POA is for periods of which the length is known about in advance.
