Hi all, so i’m new to this, only passed my test 4 weeks ago, after driving 2 weeks ago.
After my first weeks work my weekly rest was 37 hours, so reduced. Now this week i finished at 1.30pm saturday. So am i right in thinking i have to take 45hours before i start on monday. then next weekend (when i have a long weekend booked anyhow) i can make up for the 7 hours i didnt take last week?
My boss seems to think i can reduce this weekend as well, and make up for it next weekend. i think thats wrong, but i cant get hold of the transport manager to ask him. (the guy who actually knows the rules). As far as i know, under no circumstances can you take 2 weekends reduced rest in a row.
when i do 4 weeks away i reduce on the first week the 45 the second and 45 again on the 3rd then when im home on the 4th i pay back what i owe. hope this helps
So i can pay back last weeks borrowed time next week, but this week still has to be a 45 hour rest. No way of doing 2 weeks reduced weekly rest in a row?
bigfatnick:
So i can pay back last weeks borrowed time next week, but this week still has to be a 45 hour rest. No way of doing 2 weeks reduced weekly rest in a row?
thanks
The simple answer is you need a 45 every other week and any reduced rest needs to be paid back by the end of the third week in question.
that is the way we are told to do it. so i would say no you can’t reduce but . tachograph is the man to answer this one . i just stick to what we are told to do right or wrong .
bigfatnick:
Hi all, so i’m new to this, only passed my test 4 weeks ago, after driving 2 weeks ago.
After my first weeks work my weekly rest was 37 hours, so reduced. Now this week i finished at 1.30pm saturday. So am i right in thinking i have to take 45hours before i start on monday. then next weekend (when i have a long weekend booked anyhow) i can make up for the 7 hours i didnt take last week?
My boss seems to think i can reduce this weekend as well, and make up for it next weekend. i think thats wrong, but i cant get hold of the transport manager to ask him. (the guy who actually knows the rules). As far as i know, under no circumstances can you take 2 weekends reduced rest in a row.
Any help would be appreciated.
Thanks, Nick
The bit I highlighted is important - was that your very first week under EU regs and did it start after sunday midnight ■■ - if yes to both then as a one off you can do two reduced weekly rests in a row because a regular 45 weekly rest can be deemed to be at the start of the week
Generally, you can only take a reduced every other week
yes, it was my very first week, and i started at 5.40am, monday.
So you say i can take a reduced rest this week as well, then make up for both weeks reduced rest when i take a long weekend next weekend? before adopting a 1 short week, 1 long week with conpensation system?
For a weekly rest to be used for a week then it must be IN that week - IN means at least 1 minute in that week
Week ending 27 October = not under EU regs so no records required
Week 28 oct to 03 nov (WEEK 1) started after sunday 27 midnight so the last 45 hours of the week ending 27 oct can be used as the regular weekly rest for the week 28 oct to 03 nov - the week ends with you taking 37 hours off including sunday midnight so a reduced weekly rest which can be counted for WEEK 2
Week 04 to 10 nov (WEEK 2) ends with you taking say another 37 hours off so a reduced weekly rest which can also be counted for WEEK 2
Week 11 to 17 nov (WEEK 3) ends with you taking at least 45 hours off = regular weekly rest for WEEK 3
This leaves WEEK 2 with two reduced weekly rest choices so I would use the one at the start of that week as the 37 reduced rest and then use the second as 24 plus 8 payback plus 5 extra - it does not require payback as it has not been used as the weekly rest for any WEEK
This can usually only be done as a one off unless you have a similar situation such as taking 4 days off for easter, Xmas or take a holiday etc and use the sunday midnight because a weekly rest that spans sunday midnight can be used in the week previous OR the week commencing but not both as it can only be used once
Looks complicated which is why I did it on a separate post
bigfatnick:
yes, it was my very first week, and i started at 5.40am, monday.
So you say i can take a reduced rest this week as well, then make up for both weeks reduced rest when i take a long weekend next weekend? before adopting a 1 short week, 1 long week with conpensation system?
im not sure what makes this an exception?
You can only have reduced weekly rest periods on two consecutive weekends if before starting the job you had at-least 45 consecutive hours off work, the fact that you started Monday morning on it’s own is not enough.
This can only be done as a one off, and generally it’s best to keep it simple and only have reduced weekly rest periods every second week unless you’re comfortable that you understand what you’re doing regards the rest periods.
tachograph:
You can only have reduced weekly rest periods on two consecutive weekends if before starting the job you had at-least 45 consecutive hours off work, the fact that you started Monday morning on it’s own is not enough.
geebee45 would strongly disagree with that because he brought up the same thing if a driver had been on domestic regs for the 7 days of the previous week - he said that prior to starting a new fixed week on EU regs the time previous would be regarded as nothing to do with the EU regs so could be regarded as rest - we discussed this yesterday in another thread I believe
In the case of the OP I suspect he took the weekend off before starting the new job so its probably academic
tachograph:
You can only have reduced weekly rest periods on two consecutive weekends if before starting the job you had at-least 45 consecutive hours off work, the fact that you started Monday morning on it’s own is not enough.
geebee45 would strongly disagree with that because he brought up the same thing if a driver had been on domestic regs for the 7 days of the previous week - he said that prior to starting a new fixed week on EU regs the time previous would be regarded as nothing to do with the EU regs so could be regarded as rest - we discussed this yesterday in another thread I believe
In the case of the OP I suspect he took the weekend off before starting the new job so its probably academic
We discussed mixed regulations work and doing a week on domestic regulations then going onto EU regulations the following week, not the same as we’re discussing here.
The fact that a fixed week on domestic regulations does not count as working time for the EU regulations and does not require a weekly rest period does not mean it can count as a weekly rest period for EU rules.
Rest is clearly defined as “any uninterrupted period during which a driver may freely dispose of his time”, if you’re working in a factory, warehouse, flying a rocket for NASA or whatever you are clearly not able to dispose of the time freely, you are working and under the instructions of an employer, so I would say that whilst during a weeks work that does not come in-scope of EU regulations you would not need a weekly rest period for the EU regulations, the working time could not be classed as part of an EU weekly rest period either.
Ok, thanks guys, i really appreciate it, i think i’ve got my head around it now. And have managed to chat to a few people in the business locally who have explained some bits to me, thanks again!
bald bloke:
Yes i know but obviously didn’t quite word it right.
Lots of people say ‘within three weeks’ including some DCPC trainers and many bosses, so it’s no wonder that this is one of most often misquoted rules.
Fair play to anybody who actually knows it though.
