Is this infringement correct?

ASK THE EXPERTS SAFETY, LAW AND WORKING TIME DIRECTIVE FORUM (INTE
1

Couple of questions if you don’t mind please.

  1. Could someone tell me if this is correct or if the tacho machine at work is telling porkies.

Last week my weekly rest was from 20.00 Fri - 14.30 Sun = 42.5 hrs.

So in my view I have had my weekly rest (reduced but I had a full one the week before) so my fornightly driving should be back to what I done the previous week only and not for two weeks? Yet it was still on 88 hrs when I started my shift on the Sun so assumed that as the week ends 00.00 Sun that this was the reason it hadn’t reset.
So get to Southampton and I was now on 91.5 hrs but it would reset come midnight and all would be good.

Now when I downloaded it Fri it said I had exceeded the fortnightly drive. According to the tacho yes I did but in my opinion I didn’t. Am I right?

  1. I know this has been done to death before but can I use more than 6 cards in the six 24 hr periods following a weekly rest? And providing weekly rests are completed etc could I have cards in Mon - Sat then weekly rest then card in Sun to start a new week? If for example Saturdays card is just for a couple of hours to run back to yard etc?

Many thanks guys.

2

Chopsticks:
Couple of questions if you don’t mind please.

  1. Could someone tell me if this is correct or if the tacho machine at work is telling porkies.

Last week my weekly rest was from 20.00 Fri - 14.30 Sun = 42.5 hrs.

So in my view I have had my weekly rest (reduced but I had a full one the week before) so my fornightly driving should be back to what I done the previous week only and not for two weeks? Yet it was still on 88 hrs when I started my shift on the Sun so assumed that as the week ends 00.00 Sun that this was the reason it hadn’t reset.
So get to Southampton and I was now on 91.5 hrs but it would reset come midnight and all would be good.

Now when I downloaded it Fri it said I had exceeded the fortnightly drive. According to the tacho yes I did but in my opinion I didn’t. Am I right?

The driving counter resets at the end of the week, midnight Sunday. You were on 88 hours when you started on Sunday afternoon and then drove 3.5 hours so you went over the two week limit. Having a weekly rest does not reset the counter so yes the infringement is correct. From when you started you only had 2 hours driving available to you until after midnight. Note it would actually be 01:00 Monday BST before it reset if you use a digi tacho as it resets at midnight UTC.

Chopsticks:
2) I know this has been done to death before but can I use more than 6 cards in the six 24 hr periods following a weekly rest? And providing weekly rests are completed etc could I have cards in Mon - Sat then weekly rest then card in Sun to start a new week? If for example Saturdays card is just for a couple of hours to run back to yard etc?

Yes you can.

3

Chopsticks:
Couple of questions if you don’t mind please.

  1. Could someone tell me if this is correct or if the tacho machine at work is telling porkies.

Last week my weekly rest was from 20.00 Fri - 14.30 Sun = 42.5 hrs.

So in my view I have had my weekly rest (reduced but I had a full one the week before) so my fornightly driving should be back to what I done the previous week only and not for two weeks? Yet it was still on 88 hrs when I started my shift on the Sun so assumed that as the week ends 00.00 Sun that this was the reason it hadn’t reset.
So get to Southampton and I was now on 91.5 hrs but it would reset come midnight and all would be good.

Now when I downloaded it Fri it said I had exceeded the fortnightly drive. According to the tacho yes I did but in my opinion I didn’t. Am I right?

  1. I know this has been done to death before but can I use more than 6 cards in the six 24 hr periods following a weekly rest? And providing weekly rests are completed etc could I have cards in Mon - Sat then weekly rest then card in Sun to start a new week? If for example Saturdays card is just for a couple of hours to run back to yard etc?

Many thanks guys.

  1. Weekly and fortnightly driving time is calculated on the fixed week 00:00 Monday to 24:00 Sunday, when you finish the weekly rest period makes no difference to resetting it.

  2. You can have more than 6 charts in a working week in this country but there is some debate as to whether or not it’s accepted in the rest of Europe.

4

Thanks fellas for the replies.