If I work mon-sat, and use my 3 reduced, take 28 hr reduced weekly, then go in sun, work 4hrs and take a 10hr rest, that ends on the mon morning, is this legal? I know about the 3 in a fixed week thing, but, technically the reduced 4th rest ends in the next fixed week.
cracker-bar:
If I work mon-sat, and use my 3 reduced, take 28 hr reduced weekly, then go in sun, work 4hrs and take a 10hr rest, that ends on the mon morning, is this legal? I know about the 3 in a fixed week thing, but, technically the reduced 4th rest ends in the next fixed week.
Yes that’s legal but not for the reason you’ve mentioned.
If you know about the 3 in a fixed week thing you know wrong, you can have 3 reduced daily rest periods between weekly rest periods.
I think we need a big banner above the forums saying IT’S NOT 3 A WEEK IT’S 3 BETWEEN WEEKLY REST PERIODS 
tachograph:
cracker-bar:
If I work mon-sat, and use my 3 reduced, take 28 hr reduced weekly, then go in sun, work 4hrs and take a 10hr rest, that ends on the mon morning, is this legal? I know about the 3 in a fixed week thing, but, technically the reduced 4th rest ends in the next fixed week.Yes that’s legal but not for the reason you’ve mentioned.
If you know about the 3 in a fixed week thing you know wrong, you can have 3 reduced daily rest periods between weekly rest periods.
I think we need a big banner above the forums saying IT’S NOT 3 A WEEK IT’S 3 BETWEEN WEEKLY REST PERIODS
That was always my understanding of it too, until I was talking to a guy who said he failed his managers cpc on a question that alluded to the legality of 4x15 hr days as they crossed into the next fixed week, i.e. Thurs-Tues working week?
Maybe he was getting his 10 hr drives and reduced rests mixed up ? eg It could be legal to do 4 x 10hr drives between weekly rests and 4 x reduced rests per fixed week but not vice versa
ROG:
Rjan:
It’s not entirely clear that the intention of the regulations is that a driver can never exceed 10 hours driving (and only twice a week)EH !!
eur-lex.europa.eu/legal-content/ … 32006R0561
Article 4
(k) ‘daily driving time’ means the total accumulated driving time between the end of one daily rest period and the beginning of the following daily rest period or between a daily rest period and a weekly rest period;Article 6
- The daily driving time shall not exceed nine hours.
However, the daily driving time may be extended to at most 10 hours not more than twice during the week.
I’ve read the legislation Rog.
My point is that, in the case of a split rest, the “beginning of the following daily rest period” starts before the end of the daily working period. The daily rest begins before the end of the working day precisely because it’s taken in two parts, in which it was obviously envisaged that work would occur between the two split periods.
And because the “daily driving time” only accumulates between the end of one daily rest and the beginning of another, therefore the driving that occurs after the completion of the first part of the split daily rest is not taken into account (because you’ve begun your daily rest, by taking 3 hours’ worth of daily rest).
I agree that this interpretation is contrary to the natural meaning of “daily driving time”, which you would naturally expect to extend over the entire working day, but the legislation defines that term specifically as being bounded by the end of one daily rest and the beginning of another (it could just as easily have defined it as the total driving time between the ends of one and the end of the following one, or the end of one and the beginning of the last period of the following one).
It’s an interesting interpretation, anyway - whether anyone would get away with it, I wouldn’t like to bet 
Rjan:
ROG:
Rjan:
It’s not entirely clear that the intention of the regulations is that a driver can never exceed 10 hours driving (and only twice a week)EH !!
eur-lex.europa.eu/legal-content/ … 32006R0561
Article 4
(k) ‘daily driving time’ means the total accumulated driving time between the end of one daily rest period and the beginning of the following daily rest period or between a daily rest period and a weekly rest period;Article 6
- The daily driving time shall not exceed nine hours.
However, the daily driving time may be extended to at most 10 hours not more than twice during the week.I’ve read the legislation Rog.
My point is that, in the case of a split rest, the “beginning of the following daily rest period” starts before the end of the daily working period. The daily rest begins before the end of the working day precisely because it’s taken in two parts, in which it was obviously envisaged that work would occur between the two split periods.
And because the “daily driving time” only accumulates between the end of one daily rest and the beginning of another, therefore the driving that occurs after the completion of the first part of the split daily rest is not taken into account (because you’ve begun your daily rest, by taking 3 hours’ worth of daily rest).
I agree that this interpretation is contrary to the natural meaning of “daily driving time”, which you would naturally expect to extend over the entire working day, but the legislation defines that term specifically as being bounded by the end of one daily rest and the beginning of another (it could just as easily have defined it as the total driving time between the ends of one and the end of the following one, or the end of one and the beginning of the last period of the following one).
It’s an interesting interpretation, anyway - whether anyone would get away with it, I wouldn’t like to bet
The whole thing is a contradictory mess that’s unfit for purpose.The definition of ‘Daily’ rest and driving time should be made clear as always meaning and being based on the 24 hour period following the end of the previous daily rest period.While the definition of ‘weekly’ should mean and be based on the 7 day period following the end of the previous weekly rest period.As it stands the rules are so ambiguous as to predictably lead to possible confusing and contradictory interpretations of the definition of daily/weekly rest and driving time.
The best solution would be 12 hours minimum unbroken daily rest and 48 hours unbroken weekly rest with no seperate driving time limits.All based on a 24 hour ‘day’ and a 7 day ‘week’.Job done driving hours regs that are clear,easy to understand and fit for purpose. 