Data Academy:
schrodingers cat:
Thanks for the replies all, its all clear nowohhh I donât know pehaps we ought to ask Rog againâŚAGHHHHHHH sorry them briks is hurtin stop throwinâŚsorry Rog he he.
Donât worry, I have plenty moreâŚ
Although the answer given here is the answer that VOSA would give and that is⌠he can do it as long as its within 144 hours, it should be noted that this is entireley an interpretation of the relevant act that is not in keeping with previous acts and there has been no ammendments to the acts concerning working six shifts or six 24 hour periods, i.e there has been no mention of an intent to change this idea. Whilst this maybe acceptable in the UK (for now) it does not follow that it is acceptable across the whole of the EU states.
But does not the release and adopting of new âactsâ in effect âcancelâ the previous acts ?
dambuster:
But does not the release and adopting of new âactsâ in effect âcancelâ the previous acts ?
Hi dambuster, Sometimes a new Act cancels an old one and/or modifies it or another, but we shouldnât use the word âActâ in this case, because whatâs being discussed isnât an Act.
The âoldâ driversâ hours Regulations were called 3820/85, but this is what happened to them under 561/2006 Article 28:
Article 28
Regulation (EEC) No 3820/85 is hereby repealed and replaced by this Regulation.
Thatâs it, itâs simple as that and thereâs no room for discussion.
As a general point, the following is written just at the end of 561/2006, so it might be of interest:
This Regulation shall be binding in its entirety and directly applicable in all Member States.
It doesnât look like thereâs much room for other EU countries to form their own âtakeâ on any of the Articles of 561/2006.
My next point is only relevant to your question in the quote above, but itâs not relevant to the OP. 
Another Article contained in 561/2006 had the effect of modifying the old rules (3821/85) on the fitment, use and calibration of tachographs:
Article 26
Regulation (EEC) No 3821/85 is hereby amended as follows:
âŚwhich then goes on to say what changes were made to 3821/85.
So, the overall effect of 561/2006 was that it:
- Gave us a completely new driversâ hours Reg;
- Completely revoked the old[/] driversâ hours Reg and
3. Amended some other Regs
dieseldave:
So, the overall effect of 561/2006 was that it:
- Gave us a completely new driversâ hours Reg;
- Completely revoked the old driversâ hours Reg and
- Amended some other Regs
So the release and adopting of new âactsâ does, in effect âcancelâ the previous acts ?
dambuster:
dieseldave:
So, the overall effect of 561/2006 was that it:
- Gave us a completely new driversâ hours Reg;
- Completely revoked the old driversâ hours Reg and
- Amended some other Regs
So the release and adopting of new âactsâ does, in effect âcancelâ the previous acts ?
Hi dambuster, Not always mate, but sometimes.
561/2006 did ALL THREE of the things I mentioned.
For instance, I mentioned above that 561/2006 amended 3821/85.
That means that 3821/85 didnât need to be completely trashed, so it got twiddled, fettled, titivated and updated instead.
Mike-C:
Although the answer given here is the answer that VOSA would give and that is⌠he can do it as long as its within 144 hours,âŚ
The original poster didnât ask about working more than 6 shifts, ROG introduced all the extra unnecessary stuff in answering the question. The OP asked if after starting work on a Sunday evening and âworking a normal weekâ he was allowed to finish on Saturday morning. The simple answer to that is yes he can, without even getting into the 144 hour thing or number of shifts. Six night shifts beginning Sunday evening can have you finishing on a Saturday morning. Many drivers are under the impression, incorrectly, that you cannot drive on seven consecutive days and I assumed that was the point the OP was getting at, based on the fact he never asked about number of shifts.
dieseldave:
So, the overall effect of 561/2006 was that it:
- Gave us a completely new driversâ hours Reg;
- Completely revoked the old[/] driversâ hours Reg and
3. Amended some other Regs
[/quote]
It doesnât quite dot all the iâs and cross the Tâs though Dave, a lot of previous case history and interpretations from previous directives (yes youâre right theyâre not acts !!) still carry weight, well until another case proves them wrong! I wouldnât describe them as completeley new hours regs either as the preamble before the latest directive qualifies
Mike-C:
dieseldave:
So, the overall effect of 561/2006 was that it:
- Gave us a completely new driversâ hours Reg;
- Completely revoked the old driversâ hours Reg and
- Amended some other Regs
It doesnât quite dot all the iâs and cross the Tâs though Dave, a lot of previous case history and interpretations from previous directives (yes youâre right theyâre not acts !!) still carry weight, well until another case proves them wrong! I wouldnât describe them as completeley new hours regs either as the preamble before the latest directive qualifies
Hi Mike, Sorry mate, but they arenât directives eitherâŚ
A directive is simply a framework passed to individual member governments with an instruction to implement it into their national legislation by a certain date. A directive doesnât normally get interpreted by a court and doesnât normally generate any case-law.
Iâd describe the new Reg as ânew,â because it has a different number AND the fact that the ânewâ driversâ hours Reg completely repealed and revoked the old driversâ hours Reg. (561/2006 Article 28 above)
Now Iâll agree that there is quite some case-law which came from court interpretations of cases brought under Regulation 3820/85.
Some of those interpretations could be used to support or refute cases brought under 561/2006, but I guess there might be some parts of 561/2006 which have yet to be tested.
dieseldave:
Hi Mike, Sorry mate, but they arenât directives eitherâŚ
Youâre only right of course. I checked !! Theyâre EU Council Regulations.
I love the way thats slipped in, EU Council and âŚRegulation⌠Hard for me to fathom as when me mam was born we where at war with some of them and they actually bombed our country and killed people, but now our legislation is âpassedâ by âthemâ, i digress, i know i shouldnât do polotics. Ok youâre right !!
dieseldave:
Iâd describe the new Reg as ânew,â because it has a different number AND the fact that the ânewâ driversâ hours Reg completely repealed and revoked the old driversâ hours Reg. (561/2006 Article 28 above)Now Iâll agree that there is quite some case-law which came from court interpretations of cases brought under Regulation 3820/85.
Some of those interpretations could be used to support or refute cases brought under 561/2006, but I guess there might be some parts of 561/2006 which have yet to be tested.
3820/85 is actually as it suggests, 25 years old, and has been ammended to clarify things to cater for stuff such as digi tach and other more recent changes. I wouldnât describe 561/2006 as new because there are only a few subtle changes from the previous regs, i may be being pedantic but iâd describe them as the most ârecentâ or âlatestâ regs and certainly not âcompletley new drivers regsâ.
Mike-C:
dieseldave:
Hi Mike, Sorry mate, but they arenât directives eitherâŚYouâre only right of course. I checked !! Theyâre EU Council Regulations.
I love the way thats slipped in, EU Council and âŚRegulation⌠Hard for me to fathom as when me mam was born we where at war with some of them and they actually bombed our country and killed people, but now our legislation is âpassedâ by âthemâ, i digress, i know i shouldnât do polotics. Ok youâre right !!
Hi Mike, All of the EU member governments are represented on the Council, so thatâs where politics and horse trading comes into it. 
At least itâs not like Italy, where a government can fall because an MP parked in the wrong â â â â â â â â â â â â . 
Iâd still describe the new Reg as ânew,â because it has a different number AND the fact that the ânewâ driversâ hours Reg completely repealed and revoked the old driversâ hours Reg. (561/2006 Article 28 above)
Mike-C:
3820/85 is actually as it suggests, 25 years old, and has been ammended to clarify things to cater for stuff such as digi tach and other more recent changes. I wouldnât describe 561/2006 as new because there are only a few subtle changes from the previous regs, i may be being pedantic but iâd describe them as the most ârecentâ or âlatestâ regs and certainly not âcompletley new drivers regsâ.
Yes Mike, Iâd agree that 561/2006 could be called the âmost recentâ or âlatestâ Reg, but letâs not forget that Article 28 of 561/2006 repealed and revoked 3820/85, and the binmen have been to empty the bins⌠so 3820/85 is now no more. Thatâs why I call 3820/85 the âoldâ Reg.
561/2006 also amended 3821/85 to take account of digi-tachs and the necessary digi-cards etc, but 3821/85 is concerned with the fitment and calibration of tachographs, so that one is still with us and thatâs why 3821/85 should be obeyed in its current form.