I have a question for the tacho experts here. As you can see from the shift pattern below, I work Thursday to Monday and every so often I receive an ‘infringement’ for ‘more than three reduced daily rests taken in the week’ and as usual I’m asked to sign a sheet acknowledging the error of my ways but as usual there are no ‘expert managers’ able to tell me why this oocurs? I can track my hours via the online portal that is used but there isn’t anyone (including management) that can give a definative answer as to the reason this happens!
I, for my sins and I have to admit my ignorance and can’t see anything wrong. The only plausible reason I can think of is that I’m across 2 fixed weeks but the computer dosen’t get it? Or am I missing the bleeding obvious?
Week 1:
Mon 7/4/14 0630 — 1600
Tue 8/4/14 Rest Day
Wed 9/4/14 Rest Day
Thu 10/4/14 0800 — 1815
Fri 11/4/14 0645 — 2130
Sat 12/4/14 0645 — 1945
Sun 13/4/14 0500 — 1930
Week 2:
Mon 14/4/14 0800 — 1630
Tue 15/4/14 Rest Day
Wed 16/4/14 Rest Day
Thu 17/4/14 0800 — 1800
Fri 18/4/14 0500 — 1900
Sat 19/4/14 0600 — 2100
Sun 20/4/14 0600 — 2015
Week 3:
Mon 21/4/14 0600 — 2015
Tue 22/4/14 Rest Day (INFRINGEMENT - From 17/04/2014 08:00:00 to 21/04/2014 19:14:00 More than three reduced daily rests taken in the week)
Wed 23/4/14 Rest Day
Thu
Fri
Sat
Sun
The only other reason maybe that the reduced rest on Sunday/Monday is being considered in the next week and not the current week if that makes sense? I tend to not reduce on my first shift (Thursday) so that I have 3 available if required to get me through the week without needing an 11 off on the night before the last (5th) shift.
I hope I’ve explained myself properly but I’d appreciate it if you don’t know don’t say anything - I’m already perplexed and confused!
Interesting this and I hope Tachograph or one of the other experts comes along, has it anything to do with UTC time and youve accidentaly made a manual entry for finishing times an hour later than it was.
I havn’t done my CPC yet so please don’t take the ■■■■ if I too have missed the obvious.
Compooooooooota is an ■■■! not reading/ set up correctly I used to do that shift at stobrats and never had an infringement once for it! nowt to do with two fixed weeks either as you’ve your WEEKLY rest period, so MANAGERS SAYS NO because the don’t know ■■■■ all!
Week 3:
Mon 21/4/14 0600 — 2015 (Reduced Daily Rest)
Tue 22/4/14 Rest Day (INFRINGEMENT - From 17/04/2014 08:00:00 to 21/04/2014 19:14:00 More than three reduced daily rests taken in the week)
Not sure of the exact jargon but rests are calculated in the 24 hours from the start of your shift so if you start at 0600 and work till 2015 (14.1/4 hours worked only 9.3/4 rest available in that 24 hour period), the rest day that follows doesn’t count for this. But like I said I’m still not CPC qualified so be gentle.
I understand the 3 reduced rests between weekly rest periods rule - my interpretation of this was that if my third reduction was taking me into a weekly rest period (at the end of my working week) then it would not attract an infringement?
So when I go in on Thursday and do my manual entry to show that I finished at 2015 on Monday and I’m starting at 0800 (weekly rest of 59.75hrs) will this then nullify the infringement?
Or am I talking rubbish?
Just a thought - if I’m wrong, how can I NOT get an infringement working this shift pattern (Thursday - Monday)■■?
No because the rest has to be at least 9 hours in the 24 hour period between 00:00 and 23:59 on the same day. You can’t pay it back the next day because you’re on weekly rest (that’s what I think you’re trying to say but I may have misinterpreted you)
I understand the 3 reduced rests between weekly rest periods rule - my interpretation of this was that if my third reduction was taking me into a weekly rest period (at the end of my working week) then it would not attract an infringement?
So when I go in on Thursday and do my manual entry to show that I finished at 2015 on Monday and I’m starting at 0800 (weekly rest of 59.75hrs) will this then nullify the infringement?
Or am I talking rubbish?
The regulations concerning reduced daily rest periods applies on all working day even the last shift of the working week.
It may seem odd that if you do a shift of over 13 hours on the day that you start a 45 hour weekly rest it still counts as reduced daily rest period, but that’s the way it is I’m afraid.
m1cks:
No because the rest has to be at least 9 hours in the 24 hour period between 00:00 and 23:59 on the same day. You can’t pay it back the next day because you’re on weekly rest (that’s what I think you’re trying to say but I may have misinterpreted you)
I do believe I see it now and if I understand correctly then, I should have finished 2hrs earlier on Sunday to stay within the 24hr period?
Any shift you do that is over 13 hours (even by 1 minute) results in a reduced rest regardless of the actual rest you take. In a 24 hour period from the start of your shift you must get 11 hours rest (13 hour shift) or a minimum of 9 hours (15 hour shift)
Anything between 13 and 15 is a reduced rest regardless of whether it goes into another shift, weekly rest, two week holiday in Tenerife etc.
Thanks tachograph & m1cks! The penny has dropped - I was thinking that as I was entering a weekly rest it was ‘paid back’ but I was obviously incorrect. Better to ask and learn than continue to make the same mistake and be a fool!
m1cks:
No because the rest has to be at least 9 hours in the 24 hour period between 00:00 and 23:59 on the same day. You can’t pay it back the next day because you’re on weekly rest (that’s what I think you’re trying to say but I may have misinterpreted you)
I do believe I see it now and if I understand correctly then, I should have finished 2hrs earlier on Sunday to stay within the 24hr period?
Either Sunday or Monday you should have finished at 19:00
fredthered:
Thanks tachograph & m1cks! The penny has dropped - I was thinking that as I was entering a weekly rest it was ‘paid back’ but I was obviously incorrect. Better to ask and learn than continue to make the same mistake and be a fool!
Nice to see a post where someone asks a question and doesn’t get ridiculed for asking the question. What some people may read and interpret one way doesn’t mean everyone will interpret it the same way.
able to tell me why this oocurs? I can track my hours via the online portal that is used but there isn’t anyone (including management) that can give a definative answer as to the reason this happens!
not reading/ set up correctly 
I used to do that shift at stobrats and never had an infringement once for it! 
nowt to do with two fixed weeks either as you’ve your WEEKLY rest period, 
