I’m trying to find out what drivers hours apply to a fixed week, 00.00hrs Monday to 24.00 Sunday and what rules reset after a weekly rest is taken?
Just as an example i’m told i can work 3 15 hour shifts, take a reduced rest of 24hrs & work another 3 15 hour shifts. So this would be 6 x 15’s & 6 reduced daily rests in a fixed week.
I’m not saying i want to work these shifts but just looking for clarification on what rules apply where.
If anyone can recommend a book or link worth reading up on the subject that would be good too.
All as explained by @tachograph is correct.
Remember that break and POA don’t count as “working time” so 15hr shift will not be 15hr work.
And if you have a solid 4hr rest inside a 15hr shift, then the 9hr off you have at the end of it may not be a reduced rest, but a full one. Therefore it is possible to do 6 x 15hr shifts straight off.
I agree with @maoster , yes 3hr rest plus a 9hr rest counts as a full daily rest
I do not agree though that a 3hr break plus a 9hr rest makes a full daily rest.
From the link already given by @tachograph
“Alternatively, a driver can split a regular daily rest period into two periods. The first period must be at least 3 hours of uninterrupted rest and can be taken at any time during the day. The second must be at least 9 hours of uninterrupted rest, giving a total minimum rest of 12 hours.” Rest not break.
As @maoster says break and rest are different, although the same mode is used on the tachograph.
Let’s be honest here when we say that it’s incredibly easy to fall foul of the regulations due to interpretations. Yes, I know that the law is black and white, but it’s easy for an individual to misconstrue it.
So for something to count as rest the driver must be free to dispose of his/her time as they see fit. Whereas to qualify as a break the driver must carry out no work in the period of break, there is no requirement to be free to dispose of time as the driver sees fit.
Do we all agree with that?
So we now have a scenario where a driver can have a three hour break and then later on have a nine hour rest. The upshot is that the driver has ticked all the boxes required for a full (read eleven hours) rest period.
Semantics sure, but definitions are important here.
Yes. So it is important to use the correct terms and words.
The .gov site uses rest not break when describing a split daily rest.
No.
Because a driver has had a break of 3hrs does not necessarily mean they have a rest of 3hrs.
As you have said quite correctly the definitions of the two terms are different.
The link says split rest periods and refers to the short and long rest periods. It does not mention break plus rest.
As i read the rules, you cannot have a split rest unless you have sleeping facilities available for both short and long periods of it.
Again from @tachograph link
“Daily rest periods may be taken in a vehicle. However, it is expected that the vehicle has suitable sleeping facilities for each driver and the vehicle is stationary. Suitable sleeping facilities in a vehicle are considered to be a bunk or other type of bed which is primarily designed for sleeping on. If a vehicle has no suitable sleeping facilities then other arrangements should be made, for example, a hotel, hostel, guest or boarding house, chalet, static caravan or rental accommodation.”
As I read it, just as you must have a bed for an 11hr rest period, or a 9hr rest period, equally you must have a bed for the 3hr rest period.
No need for a bed on a break period of any length.
To clarify, a regular daily rest period may be taken in two parts the first of which has to be at-least 9 hours and the second part has to be at-least 9 hours.
A daily rest period may be taken in a vehicle if there is suitable sleeping facilities, however I don’t think there is any legal requirement to have sleeping facilities for the whole of the daily rest period, if the second and longest part of a split daily rest period is taken at home it could be argued that the daily rest period is not being taken in the vehicle.
An important point that I missed in my previous post.
On a single manned journey a daily rest period must be completed within the period of 24 hours from the start of the shift, any part of the rest period that falls outside of the 24 hour period does not count towards the daily rest period.
This is also applicable on the last shift of the week where the daily rest period extends into a weeklyy rest peirod.
This isnt an actual case for me but just for info.
In regards to having a weekly rest in every fixed week, so if i was start my weekly rest at 23.30 on Sunday that was required for the week ive just worked & require a minimum of 45 hours, that would take me 20.30 Tuesday.
If I was then to start Work again Wednesday at 17.00 i can only work until 23.58 Sunday to start a weekly rest for this week?
If the weekly rest started at 23:30 and was needed to count for that week then what you’ve said is correct, you would need to start a new weekly rest period (regular or reduced) before midnight (24:00) the following Sunday.
Just picked up on this bit, im probably picking it up wrong
Your not saying when i finish my last shift of the week I need a daily rest before weekly rest commences? So say a 9 & 45 for example?
Ive always worked it that as soon as my card is out on a Friday or whatever day it may be thats the start of my weekly rest, which is probably right & i’ve just misunderstood
You’re right that the weekly rest period starts when you finish work on the last shift of the working week.
We’ve had people on this board who thought that if they ran a few minutes over the 15 hour shift on the last shift it didn’t matter because they’re going straight onto a weekly rest period but you’re also going onto a daily rest period, and the daily rest period always has to be completed within 24 hours from the start of the shift.
In fact the first 9/11 hours rest after the last working shift of the working week is both a daily rest period and part of the weekly rest period.
