Can anybody shed any light on this situation, I’m yet to be faced with it, but I can see it cropping up at some point in the near future since I recently did some EU regs work on a weekend and I’m concerned over how it will affect my ability to do any domestic reg’s work at the weekends (or any non-driving work for that matter):
i.e.
Week 1 Monday - Friday: Non-driving work - 40hours
Week 1 Saturday - Working under domestic
Week 1 Sunday - Rest
Week 2 Monday - Friday: Non-driving work - 40hours
Week 2 Saturday: Working under EU
Week 2 Sunday: Rest
Of course, if Week 2 involves a reduced rest then this would be sorted by a full/extended rest in the following weeks.
The legal jargon says:
“Where a driver works under GB domestic rules in week one and the EU rules in the second week, the
weekly rest required in week two must start no later than 144 hours following the commencement of duty
on or after 00.00 hours on Monday.”
So in theory if I do out of scope driving or domestic in weekend 1 and EU in weekend 2 I can take a reduced rest in weekend 2 (since week 1 is out of the equation as far as EU rules are concerned) Or am I misreading what it says?
I’m to grips now with the standard hours, breaks, weekly rest, multi-manning etc. but I really struggle with these ‘what-if’ situations. I took the VOSA summary of driving hours with me on my first day in a 7.5t - I’d spent weeks reading the reg’s and struggling with anything but the basics but once I was following them ‘for-real’ things seemed to make perfect sense!!
Thanks for your help, and I’d really appreciate it if someone could point me in the right direction in the legal text where I can find this kind of info.
KarlM:
Can anybody shed any light on this situation, I’m yet to be faced with it, but I can see it cropping up at some point in the near future since I recently did some EU regs work on a weekend and I’m concerned over how it will affect my ability to do any domestic reg’s work at the weekends (or any non-driving work for that matter):
i.e.
Week 1 Monday - Friday: Non-driving work - 40hours
Week 1 Saturday - Working under domestic
Week 1 Sunday - Rest
Week 2 Monday - Friday: Non-driving work - 40hours
Week 2 Saturday: Working under EU
Week 2 Sunday: Rest
Of course, if Week 2 involves a reduced rest then this would be sorted by a full/extended rest in the following weeks.
The legal jargon says:
“Where a driver works under GB domestic rules in week one and the EU rules in the second week, the
weekly rest required in week two must start no later than 144 hours following the commencement of duty
on or after 00.00 hours on Monday.”
So in theory if I do out of scope driving or domestic in weekend 1 and EU in weekend 2 I can take a reduced rest in weekend 2 (since week 1 is out of the equation as far as EU rules are concerned) Or am I misreading what it says?
I’m to grips now with the standard hours, breaks, weekly rest, multi-manning etc. but I really struggle with these ‘what-if’ situations. I took the VOSA summary of driving hours with me on my first day in a 7.5t - I’d spent weeks reading the reg’s and struggling with anything but the basics but once I was following them ‘for-real’ things seemed to make perfect sense!!
Thanks for your help, and I’d really appreciate it if someone could point me in the right direction in the legal text where I can find this kind of info.
You’re not missing anything, you can indeed have a reduced weekly rest period in week 2, as you’ve rightly pointed out though you will need a regular weekly rest period in week 3.
As week 1 was completely out of scope of EU regulations no weekly rest was required, basically when you start work on Monday of week 2 it’s like starting on EU regulations with a clean sheet.
KarlM:
I’d really appreciate it if someone could point me in the right direction in the legal text where I can find this kind of info.
I’m afraid this is more difficult as it’s not one but two sets of regulations.
tachograph:
you can indeed have a reduced weekly rest period in week 2, as you’ve rightly pointed out though you will need a regular weekly rest period in week 3.
If week 3 is not under EU regs then what is to stop that driver doing the week 3 Saturday on domestic?
tachograph:
you can indeed have a reduced weekly rest period in week 2, as you’ve rightly pointed out though you will need a regular weekly rest period in week 3.
If week 3 is not under EU regs then what is to stop that driver doing the week 3 Saturday on domestic?
Nothing at-all, I should have said that if week 3 is in-scope of EU regulations he will need a regular weekly rest period.
Many thanks for the replies…I record non driving in a paper diary, but if its agency work I also have a time sheet which I record the entire weeks work on. That’s handy to know reference the week 3 domestic as well.
I looked in the guide to driving hours rather than the legislation…think I’d have to be a lawyer to understand that!! I notice that even directgov don’t seem confident in their webpages since a lot of them say they are just guidelines and to obtain legal advice! What a copout!
KarlM:
Many thanks for the replies…I record non driving in a paper diary, but if its agency work I also have a time sheet which I record the entire weeks work on.
The legal requirement is to record other work officially by either of these methods …
Inputting into a dig = long winded
Using digi paper roll = separate record for each day worked
Using analogue cards = separate one for each day worked
Each separate record must contain your name date start and finish time
Domestic driving record sheets are accepted for domestic driving work
A diary is not an accepted method and nor are time sheets as the EU regs do not state those as such
KarlM:
I looked in the guide to driving hours rather than the legislation…think I’d have to be a lawyer to understand that!! I notice that even directgov don’t seem confident in their webpages since a lot of them say they are just guidelines and to obtain legal advice! What a copout!
To be fair they all do that, even VOSAs booklet has a disclaimer in it saying something like it should not be regarded as a legal document.
