Can anyone help me with a bit of advice about my hours this week as I want to make sure that what I’m being asked to do is legal?
Last week I worked 6 days from Monday to Saturday and only drove for 38 hours of that time. I then took a 44 hour rest period and started work again on Monday this week at 10:00
I am being asked to work through to Saturday again this week which will mean another 6 days and then take and 50 hour rest period. I would have only driven about 45 hours this week so I am well below my 90 hour fortnight?
I seem to have mind lock and can’t work out if this is ok?? For some reason I’ve got it in my head that I can’t do 2 weeks of 6 days but my boss say’s its ok as long as I make up the rest period??
I hope there is enough info here and all replies welcome
For once a boss is right, as long as you have a full weekly rest cos you reduced last week with your 44 hour rest. And if you’re having 50 then you’ve made up that lost hour .
If I’m right - I started my working week at 10:00 on Monday so to get my full 45 hours rest within my working week the latest I can work to is 13:00 on Saturday?
m4rky:
If I’m right - I started my working week at 10:00 on Monday so to get my full 45 hours rest within my working week the latest I can work to is 13:00 on Saturday?
You don’t need to fit your weekly rest within a fixed time of starting the week (like you do with daily rest).
You must start the weekly rest no later than 6 x 24 hours after you started the week.
If I’m right - I started my working week at 10:00 on Monday so to get my full 45 hours rest within my working week the latest I can work to is 13:00 on Saturday?
You can work through to 10.00 Sunday if you so wished but no later.
tachograph:
At the risk of being pedantic he can’t actually work up-to 10:00 Sunday
You should have competed a daily rest period no later than 10:00 Sunday, this daily rest period should be extended into a weekly rest period of at least 45 hours.
Do you have to count daily rest separately and extra to weekly rest then?
If he started work on Saturday at 21:00 and finished at 10:00 on Sunday, would he be breaking the rules?
I assumed that when you finish your last shift at the end of a week, you start both your weekly rest and your daily rest immediately, but now I look in the book I can’t be sure… In what situations do daily and weekly rest not overlap?
tachograph:
I’m off for another cup of tea now before I confuse myself and others even further
You’re definitely confusing me!
If he starts daily rest at 10:00 on the Sunday, having started work at 21:00 on the Saturday, at what point will his weekly rest start?
As far as I can see, the two requirements here are:
He must have the right amount (9/11hrs) of (daily) rest by 21:00 on Sunday (because he started the day at 21:00 on Saturday) (art 8, para 2)
He must start a period of (weekly) rest by 10:00 on Sunday (because he ended the last weekly rest at 10:00 on Monday) (art 8, para 6)
I have always assumed that “A daily rest period may be extended to make a regular weekly rest period or a reduced weekly rest period” meant that if you took 60 hours off starting on a Friday evening, this counted as both full daily rest and 60 hours of weekly rest, even though clearly some of those hours have overlapped.
Am I wrong about this, and your weekly rest only starts at the end of your daily rest - i.e. if you’re taking reduced weekly rest, then you can’t actually rest for just 24hrs, you must rest for at least 24+9 hrs?
tachograph:
You’re absolutely right I was talking rubbish
Sorry that was my mistake, I’m on nights and finished late this morning so got up late and hadn’t got my head together before posting
<memo to self: don’t post before having a cup of tea >
Phew! I have been doing tacho analysis recently, and was concerned I had badly misunderstood something…
Let’s forget this ever happened.
Actually I was right the first time, as the op is working six days he will need to have completed his last daily rest period no later than 10:00 Sunday (six periods of 24 hours), this will then be extended into a weekly rest period
I’m off for another cup of tea now before I confuse myself and others even further
Better have a pot because you are very confused.
He started at work after his last weekly rest period at 10:00 on Monday so he must begin his next weekly rest no later than 10:00 Sunday. You are working on the theory he starts at same time every day, which would mean he would have to finish no later than either 23:00 Saturday or 01:00 on Sunday. But if he has variable start times he could of course work up to 10:00 Sunday, if he did a night shift starting at 19:00 Saturday for example.
In most cases a driver won’t start his weekly rest exactly 144 hours after he finished his last one but it is possible and legal to do so. There is no requirement to begin his weekly rest 11 or 9 hours less than 144 hours and in fact that would only be the case with the exact same start time every day.
wilbur:
If he started work on Saturday at 21:00 and finished at 10:00 on Sunday, would he be breaking the rules?
Yes he would be breaking the rules because he could not get the daily rest period within the 24 hour period which in the OPs case would have to end at 10:00 Sunday because his working week began at 10:00 Monday (six 24 hour periods)
Have you had a blow to the head, or been talking to ROG?
Of course he could do a 21:00 Saturday to 10:00 Sunday shift and be legal. That 24-hour period would begin at 21:00 Saturday and by 21:00 Sunday, when it ends he would have had 11 hour daily rest and the first 11 hours of his weekly rest, which began as required no later than 144 hours after he finished his last weekly rest.
Think about this for a minute. The way you are working it the 144 hour thing would never apply, or be possible, as the weekly rest would have to begin either 133 or 135 hours after the last one ended and that isn’t the case.
wilbur:
If he started work on Saturday at 21:00 and finished at 10:00 on Sunday, would he be breaking the rules?
Yes he would be breaking the rules because he could not get the daily rest period within the 24 hour period which in the OPs case would have to end at 10:00 Sunday because his working week began at 10:00 Monday (six 24 hour periods)
Have you had a blow to the head, or been talking to ROG?
Of course he could do a 21:00 Saturday to 10:00 Sunday shift and be legal. That 24-hour period would begin at 21:00 Saturday and by 21:00 Sunday, when it ends he would have had 11 hour daily rest and the first 11 hours of his weekly rest, which began as required no later than 144 hours after he finished his last weekly rest.
Yes of course he can, I was just about to delete the crap I’ve posted here
Sorry for the confusion I’ve created here, don’t think my heads working properly today
tachograph:
I’m off for another cup of tea now before I confuse myself and others even further
You’re definitely confusing me!
If he starts daily rest at 10:00 on the Sunday, having started work at 21:00 on the Saturday, at what point will his weekly rest start?
10:00 Sunday. The first 11 hours will be his daily rest for the 24-hour period which began at 21:00 Saturday and that will then be extended into his 45-hour weekly rest required for this week…
If I’m right - I started my working week at 10:00 on Monday so to get my full 45 hours rest within my working week the latest I can work to is 13:00 on Saturday?
You can work through to 10.00 Sunday if you so wished but no later.
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