I have a question about average working hours over the reference period…
This whole situation is baking my noodle.
If I have two jobs, one driving on a tacho, and the other is a job in care with lots of down time, e.g. 2 hours break a day and a 2 hour POA at the end of the shift.
…and let’s say over xmas, I have lots of driver hours available…
I can’t exceed 60 hours in one week.
18 of these hours would be driving on tacho with no other driving at all
I can’t exceed 48 hours average in the ref period
Work won’t be available in January.
Can I have one month of working 60 hours each week providing my rest periods are adhered to and in Jan and Feb my driving hours drop to zero.
I know there may be “best practice” issues here, but in terms of law, what’s the score?
Dodgy thread title. Try another if you want sensible answers
Yes as long as, on days/weeks you drive in-scope of EU regulations you comply with the daily and weekly rest period requirement for the EU drivers regulations there’s nothing to stop you working 60 hours a week for a month.
By the way, on days/weeks that you drive in-scope of EU regulation the care work will count as other work for the driver hours regulations but will not count towards the 48 hour average working time rule for mobile workers WTD (The Road Transport (Working Time) Regulations 2005).
There is a 48 hour average working time rule in the general Working Time Regulations 1998 (your care work WTD) but unlike the drivers rules it can be opted out of.
I agree with @les_sylphides if you want to be taken seriously it may be worth changing the topic title