I am at the end of week 3 and have been asked to take a reduced rest and compensate in week 4 (I want a regular weekly rest because of the two week rule), I have questioned the legality of the above and have been assured its legal.
Edit to ask the question… Is it legal? From my interpritation of GV262-03 its not… please help.
I am at the end of week 3 and have been asked to take a reduced rest and compensate in week 4 (I want a regular weekly rest because of the two week rule), I have questioned the legality of the above and have been assured its legal.
Edit to ask the question… Is it legal? From my interpritation of GV262-03 its not… please help.
There’s no such thing as a split weekly rest period, so I assume that week 2 was a reduced weekly rest period in which case week 3 will need a regular weekly rest period.
ok - Week 2 - two reduced weekly rests (as in the example on page 23 of GV262-03 but one of 39:30 and the other 25:30)
Thanks, you have answered what I already thought, week 3 should be a regular weekly break. Bugger, now I have to tell the guy I subbie for that I (a 2.5 month newbie) know more than him (life long trucker working 90+ drivers) and that I was right to query starting another working week before completing a regular weekly break…
I am at the end of week 3 and have been asked to take a reduced rest and compensate in week 4 (I want a regular weekly rest because of the two week rule), I have questioned the legality of the above and have been assured its legal.
Edit to ask the question… Is it legal? From my interpritation of GV262-03 its not… please help.
It COULD be legal as a one-off but all your weekly rests going back to when you last has at least 90+ hours off including sunday midnight would be needed to work that out !!!
It ok thanks ROG, the guy I subbie for wasn’t talking about what you are. I’m trying to get to the bottom of what he explained to me.
He was calling two reduced weekly rest periods (in the same week) a split weekly rest, and they don’t need compensating (week 2 in my example)
The chap then said the following week can be reduced (week 3 in my example), but week 4 must be regular + compensation.
I queried this when he said it and he assured me its ok, I then read the weekly rest section in GV262-03 again and phoned him back in a confused state, he again reassured me all was legal.
I’m meant to be starting another working week tomorrow…
The guy explaining it to you was not doing so correctly or you misunderstood what he was trying to get at
Lets say you starting driving after a week off (or doing something else)
Work mon to fri = week 1
Off sat + sun = full weekly rest
Work mon to sat = week 2
off sun = reduced weekly rest
work mon to sat = week 3
off sun = reduced weekly rest
Work mon to fri = week 4
off sat + sun = full weekly rest
The last 45 hours of the week off is the full for week 1
The first sat + sun off = full for week 2
The last sat + sun off = full for week 4
That leaves week 3 with the choice of two reduced for that week and an unused one
That lot starts with the weekly rests at the start of the week and ends with the weekly rests at the end of the week
This can be done because every weekly rest includes sunday midnight so the weekly rests can be used EITHER for the week starting or the week ending
All ROG is talking about is starting after a holiday with the weekly rest being at the start of the week and then transferring it to the end of the week.
You can sometimes then have only two reduced weekly rest periods in two consecutive weeks.
Given that the OP wants a regular weekly rest period it’s all academic really and not worth worrying about.
As far as I can see it has nothing whatsoever to do with what the OPs boss was mistakenly talking about
I must be getting something wrong in my explanation, because the chap is adamant its legal, and to be honest it doesn’t make sense that he would send drivers out to his customers if they aren’t able to run legally. He has some top customers and a very good reputation.
No, I think the mistake is mine, in my confusion I am unable to explain properly, and Vosa’s guide doesn’t cover it properly. I will get to the bottom of it though as I feel a right to**er for not understanding it, perhaps ROG will see what is meant when I send him my rest periods.
Sometimes the only way to give a definitive answer is to have all the relevant info which may mean going back several weeks or months when dealing with weekly rest issues
Without such info all anyone can say is that the driver needs a regular weekly rest at least every other week
If all that is posted is weekend weekly rests of …
regular
reduced
regular
reduced
reduced
… then with that info the last reduced seems to be illegal
Boris1971:
I did not think it poss to have 2 reduced weekly rests in consecutive weeks.
The fixed week is sunday midnight to sunday midnight and any weekly rest that is at least 1 minute in that fixed week can be used for it
A weekly rest can only be used once
Every fixed week must have a weekly rest that is used for it
If a fixed week has more than one weekly rest which can be used for it then the driver has the choice of which one to use
It is therefore possible to look at a few weekly rests and assume that two reduced have been used one after the other but with a more in-depth analysis it can be perfectly legal
Thanks ROG, so I would have been legal to reduce the weekly rest I am on right now… darn it, I missed out on a shift with a top firm this morning, nevermind I’ve got a shift starting 03:00 tomorrow at weekend rates… yipee