I understand that you can mix EU and domestic but how many days can you work I have done 5 days on domestic and am doing 2 rest days on EU making 7 in total is this legal
No.
Time you spend driving under EU rules cannot count as an off-duty period under domestic rules. Any driving under EU rules in a week means that you must take a daily rest period on those days when you drive under EU rules and you must also take a weekly rest period, working 7 days means you won’t do that.
Welcome to TrucknetUK robbo2452 
As far as I can see if you didn’t start working to EU regulations before 00:00 Monday then it probably is legal.
GV262:
A weekly rest period is not required in a fixed week where a driver does not drive under EU rules.
GV262:
Where a driver works under GB domestic rules in week one and the EU rules in the second week, the weekly rest required in week two must start no later than 144 hours following the commencement of duty on or after 00.00 hours on Monday.
Can you two sort it out please? There are mere mortals hanging on your every word!
44 Tonne Ton:
Can you two sort it out please? There are mere mortals hanging on your every word!0
44 Tonne Ton:
44 Tonne Ton:
I think you’ve got too much time on your hands mate 
As far as I can see there’s no requirement for a weekly rest period in the domestic rules so if the op never worked to EU regulations in week 1 he won’t need a weekly rest period for that week, so he will need to start a weekly rest period no later than midnight Saturday of this week.
As far as I can see what he’s doing is perfectly legal assuming of course that he never drove to EU regulations before 00:00 Monday.
And does Messr. N de Cafe agree?
44 Tonne Ton:
And does Messr. N de Cafe agree?
No.
You begin a 144 hour period before a weekly rest must be taken on completion of a weekly rest period and -
Driving and other duty under GB domestic rules (including non-driving work in another employment) count as attendance at work but not as a break or rest period under the EU rules.
- so doing 5 days on domestic means it has been a long time since a weekly rest period as all those days count as being at work under EU rules.
Doesn’t matter that in week 1 a weekly rest may not be required under EU rules, if no driving had been done under them in the week, you still need a rest period before commencing EU duties as the domestic work is not rest for EU regs.
If the question had been could he work on Sunday from 14:00 until 23:30 under domestics rules then switch and work under EU rules from midnight00:30 until 13:00 would any one have said that is okay? No daily rest is required for Sunday as he has not driven under EU rules but he would have done 23 hours duty by the time he finished Monday because the domestic time on Sunday is work for the EU rules.
It’s the same situation with weekly rest. If he worked his 5 days domestic from Wednesday until Sunday and then does Monday and Tuesday under EU, the 144 hour clock before needing a weekly rest will start ticking from when he started work on Wednesday as from that point it was work for EU rules.
He would need 24 hours separation between his domestic and EU work so the 144 hour clock can reset.
He also said he had done 5 days and was going to work his 2 rest days. That implies he only has 2 rest days and that after them he is back on domestic so that makes it even more of a no. I thought that at the time but didn’t bother asking it because he can’t do the 5+2 anyway.
Coffeeholic:
Doesn’t matter that in week 1 a weekly rest may not be required under EU rules, if no driving had been done under them in the week, you still need a rest period before commencing EU duties as the domestic work is not rest for EU regs.
We seem to have changed positions on this question
tachograph:
Coffeeholic:
Doesn’t matter that in week 1 a weekly rest may not be required under EU rules, if no driving had been done under them in the week, you still need a rest period before commencing EU duties as the domestic work is not rest for EU regs.We seem to have changed positions on this question
I’ve told you before, I don’t always give the same answer to the same question, just depends how the mood takes me.
You gotta realise it was Del and ROG mostly on that thread so much more likely I wouldn’t be posting what I really thought was correct. Especially back then I would often post crap for ROG to put on other forums as his own work.
Also, note the wink in this reply on that thread.
Coffeeholic:
delboytwo:
so it would be possible thenIt would.
And then the fact I said the exact opposite in my next post on the thread.
EDIT: Reading back through that thread I can see I was just messing about on it as it wasn’t a serious question about a real situation whereas the one on this thread appears to be.
Have we reached a legally binding agreement on the matter?
I agree that the regulations state that the six 24 hour periods starts from the end of the last weekly rest period which is why I pointed it out in that other thread, but VOSA state clearly in their guide that that when a driver was on domestic rules in week 1 the weekly rest period in week 2 should start no later than the start of work after 00:00 Monday of week 2.
Where a driver works under GB domestic rules in week one and the EU rules in the second week, the weekly rest required in week two must start no later than 144 hours following the commencement of duty on or after 00.00 hours on Monday.
The requirement for a weekly rest period before starting on EU rules in week 2 would be unenforceable anyway, if someone was working in a factory/warehouse whatever there would be no requirement to keep records so how could an enforcement officer know if a weekly rest period was taken before starting on EU rules in week 2.
I start this post with a health warning; the views expressed are entirely my own and should not be taken as legal guidance.
Yes you can ‘mix and match’ both EU and domestic on both a daily and weekly basis. A couple of points, work under either set of rules cannot be counted as rest or break under the other set of rules. The domestic rules for HGV drivers are different from those for PSV drivers. Basically, PSV drivers are required to take breaks from driving, have a continuous daily rest period and have a weekly rest period. Driving under EU rules is counted as driving under domestic rules, however, driving under domestic rules is counted as other work as far as EU rules are concerned.
The domestic rules were put in place to cover operations to cover situations where it was believed that driving wasn’t the main activity of the driver and / or they were covering short distances. If you think of the average bin wagon round or council road mending crew that probably applies pretty well. However, some operations like taking animal offal for disposal may involve driving a considerable distance taking many hours. In my mind I have difficulty spotting the difference between being hit by a wagon carrying 20 tonnes of steel to being hit by a wagon carrying 20 tonnes of rotting chicken guts - other than the smell 
On to answering the question. In my view you don’t actually require an EU weekly rest before starting driving under the EU rules. A word of warning there, you would require an EU daily rest period between driving under domestic and starting under EU, otherwise the start time of your EU shift would be when you started your domestic work and you may have difficulty satisfying the EU daily rest requirements. Perhaps an example would help;
start domestic working day at 06:00 and work to 14:00
off duty
start EU work at 19:00
the problem here is that there is only 5 hours between ending the domestic work and starting the EU work hence the EU working day will be seen to start at 06:00 and the very latest you may start a EU daily rest period is 21:00 - not a lot of time for working under EU rules.
Now, the weekly rest thing. I’ve always taken the shift start under EU rules to be the start of the six twenty four hour periods (although some refer to it as 144 hours). In other words, you start an EU driving period on Friday at 06:00 - the rest of the week you did only domestic driving, then I would expect you to start an EU weekly rest no later than 06:00 on Thursday of the following week. This is where many who work in warehouses during the week and drive for an agency at the weekend go wrong, because they don’t get the rest period the following week as their back working in the warehouse.
Words of warning; whilst I see it this way I’m aware others do not. The only way to resolve it is for a Stated Case to be heard either in the UK or Europe. The going rate for one of those is a few hundred thousand in legal fees for both sides, not really sure I fancy that.
Live and learn. Does seem strange that you could end up working on many consecutive days if you worked every day of say the previous two weeks on domestic then switched to EU on a Monday, meaning potentially 20 consecutive days with nothing resembling a weekly rest.
Going by your take on this that means the domestic work only counts as work for EU regs if it is in the same week as the EU, or if it is on a Sunday and there isn’t at least 9 hours between finishing it and starting on EU?
Given the day the OP posted on, and the wording he used, I am still sticking by my first answer to his question, unless he comes back with more details about what he would be doing on the days following his two days on EU.
Neil,
I know what you’re saying about having a large number of consecutive days work on domestic before taking the EU weekly rest. However, the situation is not really any different to somebody that permanently drives HGVs on domestic regs. They never need to take a weekly rest so could in theory drive 10 hours per day every day for 3 years without needing to take a weekly rest. A situation that I believe to be completely wrong.
There was a consultation with regard to changing the domestic hours. However, it was decided that they didn’t need changing as it would ‘increase the burden on the compliant.’ In my view they could have brought a continuous driving limit and a weekly rest requirement. The biggest change should have been to ditch log books and use tachos. The ‘extra’ cost wouldn’t have been that great in that pretty much every truck comes fitted with a tacho now anyway. Oh well, another missed opportunity.
My answer was based upon the criteria I would use for signing off a prosecution file for somebody who had failed to take the required weekly rest. In a way the tolerance given is like that often given on a speeding offence. Many forces use 10% + 2 mph. So many police forces don’t prosecute for less than 35mph in a 30 area. It makes a conviction more likely in that the prosecution can show they applied a reasonable tolerance before deciding to prosecute.
I have no issue with people taking more break or rest than that required under the regulations. The periods of break and rest mandated are, after all, an absolute minimum.
It does seem like a missed opportunity, maybe in the future it will happen. I agree with you that at the very least there should be some kind of weekly driving limit and rest requirement.