Is this long working day legal?

If your a new driver you need to go back to the driving school you did your test with and complain this is basic stuff your instructor should have explained and made sure you understood.
If your a long time driver give up now before you kill someone because there is no way you should hold a HGV license. HTH

OP you really dropped a bollock, I’d read some of these links and learn from them fast!

Rob K:
You need to read the hours links provided above and keep reading them over and over until you fully understand them, including the bits about weekly rest requirements and “paying back”/compensating for any days when you take a reduced rest period (9 hrs rest instead of 11).
You don’t have to compensate your reduced daily rests back anymore, been like that a few year, you only have to compensate your reduced weekly rests by the end of 3rd cosecutive week after you reduced.

stevenwignet:
Sign on 04.50am
Get keys to vehicle and insert card 05.40am
Remove card 22.50pm
Driving hours was 7h 17m
Other Work was 8h 1m

Total duty 17.5h

was a hell of a long day but was it legal?

No that’s not legal unless you were multi-manning, you haven’t mentioned multi-manning so presumably you was the only driver.

The daily rest period must fit into the period of 24 hours from the start of the shift, as you worked an 18 hour spread-over from start to end of the shift you could only fit into the 24 hour period a daily rest period of 6 hours, that’s 3 hours less than the legal limit of 9 hours.

That’s assuming that you had a reduced daily rest period available, if not then your daily rest period was 5 hours less than the legal limit.

A daily rest period is 11 hours, anything less than 11 hours is a reduced daily rest period which you can only do 3 times between weekly rest periods.


You must have a daily rest period of at-least 11 hours completed within 24 hours from the start of the shift.

This gives you a maximum spread-over from the start of the shift to the end of the shift of 13 hours, that’s because the 13 hour spread-over and 11 hours rest equals the 24 hour period from the start of the shift.


Three times between weekly rest periods the daily rest period can be reduced to 9 hours.

This gives you a maximum spread-over from the start of the shift to the end of the shift of 15 hours, that’s because the 15 hour spread-over and 9 hours rest equals the 24 hour period from the start of the shift.


If you cannot fit a daily rest period of at-least 9 hours into the 24 hour period from the start of the shift it cannot be legal unless there’s more than one driver.

The daily rest periods are explained on page 20 of VOSA’s booklet Rules on Drivers’ Hours and Tachographs.

You did a total spread-over of 18 hours from start to end of the shift, that means you had a daily rest period of 6 hours which is 3 hours less than the legal limit, if you get stopped by VOSA you could receive a fixed penalty of £200, that’s probably more than you earned for the day isn’t it :frowning:

I’m not telling you about the £200 fine to worry you, but hopefully to make you understand that you need to learn the regulations so it doesn’t happen again.

Good luck :wink:

jessicas dad:

Scanner:
But you MUST complete a minimum of 9 hours rest within 24 hours of starting work.

You may only take a reduced 9 hr rest 3 days a week. The others must be 11 hours uninterrupted rest.(unless you’ve had a minimum of 3 hrs continuous rest during the shift)

24 - 9 = 15.

Not quite. I wrote the text. Scanner just added (correctly) 24 - 9 = 15.

SteveBarnsleytrucker:

Rob K:
You need to read the hours links provided above and keep reading them over and over until you fully understand them, including the bits about weekly rest requirements and “paying back”/compensating for any days when you take a reduced rest period (9 hrs rest instead of 11).

You don’t have to compensate your reduced daily rests back anymore, been like that a few year, you only have to compensate your reduced weekly rests by the end of 3rd cosecutive week after you reduced.

Well spotted Steve, you got there before me. Pay back for reduced daily rests was dropped many years ago.

SteveBarnsleytrucker:

Rob K:
You need to read the hours links provided above and keep reading them over and over until you fully understand them, including the bits about weekly rest requirements and “paying back”/compensating for any days when you take a reduced rest period (9 hrs rest instead of 11).

You don’t have to compensate your reduced daily rests back anymore, been like that a few year, you only have to compensate your reduced weekly rests by the end of 3rd cosecutive week after you reduced.

I stand corrected there then. I think I’ve only ever done 1 reduced weekly rest in all the time I’ve been driving so compensating for any reduced rests elsewhere has never been a concern because of that.

We are missing the point a little here. He wanted to know if the day was legal, not the daily rest after.

He still gets the right amount of daily rest, ie 9 or 15 hours as along as he starts the next working day at either 07.50 (9hr rest) or 09.50 (11 hour rest) as he finished at 22.50.

He still did 18 hours ( 17 hours 10 mins on the card) which is too long.

:
We are missing the point a little here.

He still gets the right amount of daily rest, ie 9 or 15 hours as along as he starts the next working day at either 07.50 (9hr rest) or 09.50 (11 hour rest) as he finished at 22.50.

With respect I think you are missing the point of the law (and I think you mean 9 or 11 hours rest)? The rest MUST be taken WITHIN 24 hours of starting the shift.

:
We are missing the point a little here. He wanted to know if the day was legal, not the daily rest after.

He still gets the right amount of daily rest, ie 9 or 1̶5̶ hours as along as he starts the next working day at either 07.50 (9hr rest) or 09.50 (11 hour rest) as he finished at 22.50.

No he hasn’t had the correct amount of daily rest, any rest outside of the 24 hour period from the start of the shift is not counted towards the daily rest period.

Ok I’ll repharse it. He started his rest late which we all know and understand.

I just wanted to highlight that people are now implying the length of his rest was also wrong.

We don’t know because he hasn’t mentioned when he restarted work, but as long as it is after 0750 (9hours rest) or 0950 (11 hours rest) then that is ok.

An example.

You finish at 2200 (which also happens to be your 15 hour mark) you can start at 7am which is what the boss wants you to do.

However if finish at 2215 (when both your scheduled and 15 hour mark was up) regardless of what you and the boss wants you can’t start at 7am.

Hope that helps or have i just muddied the waters even more :exclamation:

:
Ok I’ll repharse it. He started his rest late which we all know and understand.

I just wanted to highlight that people are now implying the length of his rest was also wrong.

We don’t know because he hasn’t mentioned when he restarted work, but as long as it is after 0750 (9hours rest) or 0950 (11 hours rest) then that is ok.

No, I’m sorry but it’s not OK at-all.

The daily rest period has to be completed within the period of 24 hours from the start of the shift, it doesn’t matter if you have a hundred hours of rest after the shift, only the rest that falls within the 24 hour period will count towards the daily rest period.

For clarity, you should understand that there is no offence of going over the 13/15 hour spread-over or working time or whatever you choose to call it, the offence is “insufficient daily rest”.

It’s the daily rest period that matters, and it’s “insufficient daily rest” that the OP could be fined for, and “insufficient daily rest” that he will probably get an infringement for.

On a similar note if you start at 0700 work 9 hours with a one hour break (that’s a 1700 finish) with a reduced daily rest you can start again at 0200, you don’t have to wait until 0700 which is the end of the 24 hour period.

Your new 24 hour period starts on the completion of your legal daily rest regardless of whether you finish on time or early (legally) or late (illegally).

It’s all in the wording and how that wording is interpreted.

Any one have a JCB I can borrow, this shovel is just not big enough foe the hole I’m digging.

tachograph:
No, I’m sorry but it’s not OK at-all.

The daily rest period has to be completed within the period of 24 hours from the start of the shift, it doesn’t matter if you have a hundred hours of rest after the shift, only the rest that falls within the 24 hour period will count towards the daily rest period.

For clarity, you should understand that there is no offence of going over the 13/15 hour spread-over or working time or whatever you choose to call it, the offence is “insufficient daily rest”.

It’s the daily rest period that matters, and it’s “insufficient daily rest” that the OP could be fined for, and “insufficient daily rest” that he will probably get an infringement for.

Ok, he will get done for one account of insufficient rest (that’s the finishing late account) not 2 (finishing late and then starting early the next day) as long as he takes either 9 or 11 hours from finishing at 2250.

Just think, I know the rules and English is my first language, I’m going to cut my grass, No Driving Hours, no WTD, no VOSA.

Pure bliss!

:

tachograph:
No, I’m sorry but it’s not OK at-all.

The daily rest period has to be completed within the period of 24 hours from the start of the shift, it doesn’t matter if you have a hundred hours of rest after the shift, only the rest that falls within the 24 hour period will count towards the daily rest period.

For clarity, you should understand that there is no offence of going over the 13/15 hour spread-over or working time or whatever you choose to call it, the offence is “insufficient daily rest”.

It’s the daily rest period that matters, and it’s “insufficient daily rest” that the OP could be fined for, and “insufficient daily rest” that he will probably get an infringement for.

Ok, he will get done for one account of insufficient rest (that’s the finishing late account) not 2 (finishing late and then starting early the next day) as long as he takes either 9 or 11 hours from finishing at 2250.

Well hopefully he won’t get done for anything :wink:

But yes what you’ve said is right, the OP said he never worked the following day so there’s no question of him not having a complete daily rest period, it just wasn’t within the 24 hour period that’s all.

By the way, I said in my previous post that the offence is “insufficient daily rest”, to be technically correct the offence is “insufficient rest within 24 hour period”.

Page 106 here

Just burn the chart pronto mate or make sure you don’t get stopped by the Dibble or the Gestapo for the next year & you be golden!

You do need to do you lessons though as two and a half hours over your 15 is mag’s court in front of the Stare action!

Scanner:
Good man. The guy makes a mistake and asks for advice, you blaspheme and rant at him.

Because this is basic stuff that you MUST know. It is even more inexcusable if they’ve had to do the DCPC to drive commercially.

Rob K:
Right, first things first : are you a new LGV driver? If you are then folks should be cutting you some slack

Why? As a new driver he has HAD to do the tacho module so has been taught. The maximum legal duty is something every driver must know. That, 9hrs driving and the requirement to have a 45 minute break every 4.5hrs driving are as fundamental to HGV driving as knowing what the clutch, brake and accelerator pedals do.

Conor:
Why? As a new driver he has HAD to do the tacho module so has been taught.

Where did you get that incorrect piece of info from ?