Evening all,
I drive a lorry covered as agricultural and is tacho exempt and do an average of 60+ hours per week and this week will be an 8 day week without rest but company want to pull me off the agriculture side for 1 may be 2 days this coming week and drive class 2 under eu tacho rules!
Question is, surely that would mean I would be breaking the law?
Cheers
Colin
On any day that you do any driving in-scope of EU regulations you need to comply with the daily rest requirement, in any week that you do any driving in-scope of EU regulations you need to comply with the weekly rest period requirement.
So if you drive in-scope of EU regulations next week you won’t legally be doing 8 days unless some of those days are before Midnight Sunday.
If you intend to drive in-scope of EU regulations at some point next week and assuming that you’re not in-scope of EU regulations at any time this week, your six 24 hour periods for the EU regulations will begin when your first shift starts after 00:00 Monday.
Ok my last day off was last Thursday and my next day of will be next saturday which is duty of 8 days but monday and possibly Tuesday will be 2 days of duty 12+ per day eu and my non eu is mostly 14+ per day?
Assuming that you have not driven in-scope of EU regulations this week you’re exempt from needing a weekly rest period this week, the six periods of 24 hours (144 hours) before needing a weekly rest period will begin when you start the shift after 00:00 Monday, so you will need to start a weekly rest period no later than 144 hours from when you start on Monday, you will be able to work until Saturday as long as you comply with the daily rest requirements on the days that you drive in-scope of EU regulations.
On days that you drive in-scope of EU regulations you should have a rest period of at-least nine hours before starting the shift, even if the previous shift was not in-scope of EU regulations.
For the week that you drive in-scope of EU regulations (Next week starting Monday), on working days that you don’t drive in-scope of EU regulations you don’t need to comply with the EU daily rest requirements but you should keep a record of the start and finish times, the work including the driving on none EU driving days count as other work for the EU regulations.
Records for none EU driving days should be kept on charts or printouts or a log book if you’re using one.
For confirmation of what I’m saying see Page 29 - Rules on Drivers Hours and Tachographs (Goods vehicles in GB and Europe)