Going away from rest periods for a moment, you will notice in my example that there are 7 periods of driving between weekly rests, is this highlighted section still in use or has it been amended?
Obviously there has been umpteen posts on ‘working 7 days in a row’
COUNCIL REGULATION (EEC) No 3820/85
of 20 December 1985
on the harmonization of certain social legislation relating to road transport
SECTION IV
Driving periods
Article 6
The driving period between any two daily rest periods or between a daily rest period and a weekly rest period, hereinafter called ‘daily driving period’, shall not exceed nine hours. It may be extended twice in any one week to 10 hours.
A driver must, after no more than six daily driving periods
take a weekly rest period as defined in Article 8 (3).
The weekly rest period may be postponed until the end of the sixth day if the total driving time over the six days does not exceed the maximum corresponding to six daily driving periods.
chris: is this highlighted section still in use or has it been amended?
(EEC) No 3820/85 has been replaced by (EC) 561/2006 which says “A weekly rest period shall start no later than at the end of six 24-hour periods from the end of the previous weekly rest period”, so in order to comply with the regulations you should start a new weekly rest period no later than 144 hours from the end of the previous weekly rest period.
chris: is this highlighted section still in use or has it been amended?
(EEC) No 3820/85 has been replaced by (EC) 561/2006 which says “A weekly rest period shall start no later than at the end of six 24-hour periods from the end of the previous weekly rest period”, so in order to comply with the regulations you should start a new weekly rest period no later than 144 hours from the end of the previous weekly rest period.
chris: is this highlighted section still in use or has it been amended?
(EEC) No 3820/85 has been replaced by (EC) 561/2006 which says “A weekly rest period shall start no later than at the end of six 24-hour periods from the end of the previous weekly rest period”, so in order to comply with the regulations you should start a new weekly rest period no later than 144 hours from the end of the previous weekly rest period.
So has the 6 daily driving periods been removed?
The whole of (EEC) No 3820/85 has been replaced with (EC) 561/2006 and nowhere in (EC) 561/2006 does it mention “6 daily driving periods” so yes it has been removed
chris:
So has the 6 daily driving periods been removed?
YES
The way I look at it is - from the end of one weekly rest to the start of the naxt weekly rest the driver has a maximum 144 hours in which to drive, work, take breaks, use POA and have daily rests
That may not be achievable if perhaps a full weekly rest is due before the 144 hours are up
Actually as I see it nothing has changed, the old regulations allowed you to postpone the weekly rest period until the end of the 6th day as long as the accumulated driving time did not exceed the allowed driving time over the “six daily driving periods”, so the wording may have changed but in all practical ways the rule hasn’t changed at-all.
tachograph:
Actually as I see it nothing has changed, the old regulations allowed you to postpone the weekly rest period until the end of the 6th day as long as the accumulated driving time did not exceed the allowed driving time over the “six daily driving periods”, so the wording may have changed but in all practical ways the rule hasn’t changed at-all.
Is there any case law, in reference to this example?
tachograph:
Actually as I see it nothing has changed, the old regulations allowed you to postpone the weekly rest period until the end of the 6th day as long as the accumulated driving time did not exceed the allowed driving time over the “six daily driving periods”, so the wording may have changed but in all practical ways the rule hasn’t changed at-all.
Is there any case law, in reference to this example?
If you mean case law regarding the fact that you can have 7 daily driving periods between weekly rest periods then I’m not aware of any.
tachograph:
Actually as I see it nothing has changed, the old regulations allowed you to postpone the weekly rest period until the end of the 6th day as long as the accumulated driving time did not exceed the allowed driving time over the “six daily driving periods”, so the wording may have changed but in all practical ways the rule hasn’t changed at-all.
Is there any case law, in reference to this example?
No case law, and some foreign enforcement agencies do not view it the same way VOSA do. If you venture to the mainland it might be best to stick to the 6 shifts thing but if you stick to the UK you can do seven, or more shifts, quite happily in the 144 hours.
As I said above, thanks, but information I have received (sorry can’t say who or what) says ANY reduction in weekly rest has to be compensated, even if 45hrs has been shown in the same fixed week
I was not sure myself, so I will err on the side of caution and compensate any reductions just to be safe
chris:
As I said above, thanks, but information I have received (sorry can’t say who or what) says ANY reduction in weekly rest has to be compensated, even if 45hrs has been shown in the same fixed week
I was not sure myself, so I will err on the side of caution and compensate any reductions just to be safe
The information you have received is wrong. Search posts by geebee45 on the subject and you will see the answer straight from the horses mouth, VOSA. I am on Tapatalk at the moment so can’t search or I would dig it up for you.
