Last week, Monday to Friday 5 shifts 44 hours driving, this week Monday to Present (Friday after shift 5) I have done 43 hours. I was under the impression that hours are over a fixed 2 week period ie week 1 started 00.00 last Monday and finished Sunday at 24.00.
This would mean I have done 87 hours in the fornight so far?
My boss has asked me to do a 5 hour drive tomorrow, telling me that the fortnight is over a rolling fortnight.
Last week, Monday to Friday 5 shifts 44 hours driving, this week Monday to Present (Friday after shift 5) I have done 43 hours. I was under the impression that hours are over a fixed 2 week period ie week 1 started 00.00 last Monday and finished Sunday at 24.00.
This would mean I have done 87 hours in the fornight so far?
My boss has asked me to do a 5 hour drive tomorrow, telling me that the fortnight is over a rolling fortnight.
Which is correct?
(EC) 561/2006 article 6 (3):
The total accumulated driving time during any two consecutive weeks shall not exceed 90 hours.
As said it is over a rolling fortnight, so last week and this week, then after midnight Sunday the 2 relevant consecutive weeks will be this week and next week.
Your total driving time for the current two consecutive weeks (last week and this week) is 87 hours, 43 of those driving hours are for this week so the maximum driving time you you will have available next week will be 47 hours.
Unless you can squeeze tomorrows 5 hours driving into just 3 hours you cannot legally do it, so enjoy your weekend off
Week 1. Daily drive 9 hours x 5 = 45 hours + 9 hours x 1 = 54 hours. For week 2 you have 36 hours drive left!
Week 1. Daily drive 9 hours x 3 = 27 hours and 10 hours x 2 = 20 hours = 47 hours still have 9 hours available to a max 56 hours drive and a sixth shift! For week 2 you have 34 hours left to drive!
Yes all correct however there is a certain situation where if you are not working to a fixed week and after a weekly rest period started work on Friday say did;
You will have driven for 58 hours over 6 days perfectly legally, so as long as your fortnightly hours do not exceed 90 and your fixed week hours don’t exceed 56 and weekly breaks are adhered to.
Banquo:
Yes all correct however there is a certain situation where if you are not working to a fixed week
Doesn’t matter what days you actually work you are still working with regard to the fixed week when under tacho rules because things like the extended driving days, weekly driving limit and weekly rest requirements are based on the fixed week.
Banquo:
… and after a weekly rest period started work on Friday say did;
You will have driven for 58 hours over 6 days perfectly legally
Indeed, because there is no restriction on the amount of hours you can drive in six days, only on the amount you can do in one week and a fortnight. You can actually drive far more than 58 hours over a six day period and it be legal.
Example
Start work 01:00 Friday after a weekly rest with 18 hours already driven earlier in the week. 10 hour shift with 9 hours driving 9 hour daily rest Start 20:00 Friday 10 hour shift with 9 hours driving 9 hour daily rest Resume 15:00 Saturday 12 hour shift with 10 hours driving 9 hour daily rest Resume 12:00 Sunday 12 hour shift with 10 hours driving 11 hour daily rest Resume 11:00 Monday 12 hour shift with 10 hours driving 11 hour daily rest Resume 10:00 Tuesday 12 hour shift with 10 hours driving 11 hour daily rest Resume 09:00 Wednesday 10 hour shift with 9 hours driving Start weekly rest period, Resume work late Sunday for a 12 hour shift with 10 hours driving but do no more than 5 hours driving before midnight.
67 hours driving over 6 days and all perfectly legal, extreme and unlikely but still legal, for the Hours Regs.