Hi can anyone help with my situation?
For years I’ve worked 7 till 4 Monday to Friday (not often lorry driving) and on Saturdays I drive a grab lorry 6am to 9am. This gives me a 46 hour continuous rest every week. I’ve recently got a new transport manager who is telling me i can’t work the Saturday because i need a 45 hour rest before midnight Sunday to comply with the fixed week rule. Is he correct, if he’s not is there any literature available that i can show him?
Assuming you are under EU rules as most drivers are,
You need to start a weekly rest 6x24hr after start of week’s work, which you are.
It needs to be 45+ hrs which it is.
Quote from .gov site. Drivers’ hours and tachographs: goods vehicles - 1. EU and AETR rules on drivers’ hours - Guidance - GOV.UK
“A weekly rest period that falls in 2 weeks may be counted in either week but not in both.”
So provided a weekly rest has part of it in a week, the whole weekly rest can count in that week.
It would be perverse to have the same length rest legal if taken midweek and illegal if it coincidentally crosses midnight Sunday, and the rules do recognise this.
You do not need to have all of a rest before midnight Sunday, it needs to have part of before midnight Sunday
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Thank you very much, that’s just what i was looking for. Monday should be interesting as we have already had a pretty heated discussion.
Your new TM is completely wrong, whilst it’s true that you have to have a weekly rest period that can count for each fixed week it does not have to completely fit into the fixed week, in other words it can cross two fixed weeks (Sunday/Monday).
This is a link to the actual regulations (EC) No 561/2006
9. A weekly rest period that falls in two weeks may be counted in either week, but not in both.
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