Weekly rest pay back

ASK THE EXPERTS SAFETY, LAW AND WORKING TIME DIRECTIVE FORUM (INTE
1

In week 10 a driver has a reduced weekly rest. When is the latest he must pay back; is it in week 12 or week 13?

2

Lusk:
In week 10 a driver has a reduced weekly rest. When is the latest he must pay back; is it in week 12 or week 13?

Compensation for a reduced weekly rest period should be paid back by the end of the third week following the week in which the reduced weekly rest period was taken.

So the compensation for week 10 should be paid back by the end of week 13.

3

tachograph:

Lusk:
In week 10 a driver has a reduced weekly rest. When is the latest he must pay back; is it in week 12 or week 13?

Compensation for a reduced weekly rest period should be paid back by the end of the third week following the week in which the reduced weekly rest period was taken.

So the compensation for week 10 should be paid back by the end of week 13.

Oh dear :blush: :blush: I was sure that I was right but after being told by a TM with 20+ years experience that it was week 12, I did not like to argue.

Week 10 Count 1
Week 11 Count 2
Week 12 Count 3
Week 13 Count 4

4

For confirmation checkout article 8 . 6 (EC) 561/2006 :wink:

  1. In any two consecutive weeks a driver shall take at least:
    – two regular weekly rest periods, or
    – one regular weekly rest period and one reduced weekly
    rest period of at least 24 hours. However, the reduction
    shall be compensated by an equivalent period of rest
    taken en bloc before the end of the third week following
    the week in question.
5

tachograph:
For confirmation checkout article 8 . 6 (EC) 561/2006 :wink:

  1. In any two consecutive weeks a driver shall take at least:
    – two regular weekly rest periods, or
    – one regular weekly rest period and one reduced weekly
    rest period of at least 24 hours. However, the reduction
    shall be compensated by an equivalent period of rest
    taken en bloc before the end of the third week following
    the week in question.

Thanks for the link. The big clue here, to my mind, is the word which you have put in bold - following.

6

By the end of the third week following means it must be paid back in full before the sunday midnight of that week

A reduced in week 10 means it must be paid back in full before sunday midnight of week 13 and the payback follows the rest taken which means that is almost impossible to do for many especially if the weekly rests are taken on weekends so they do the payback in week 12

7

ROG:
By the end of the third week following means it must be paid back in full before the sunday midnight of that week

A reduced in week 10 means it must be paid back in full before sunday midnight of week 13 and the payback follows the rest taken which means that is almost impossible to do for many especially if the weekly rests are taken on weekends so they do the payback in week 12

Thanks for this Rog. Although it was categorically stated that pay back must be made by the end of week 12, perhaps he was just adopting a belt and braces approach by ensuring that payback must be made by the end of week 12 - I dont think it was though!!

8

ROG:
By the end of the third week following means it must be paid back in full before the sunday midnight of that week

A reduced in week 10 means it must be paid back in full before sunday midnight of week 13 and the payback follows the rest taken which means that is almost impossible to do for many especially if the weekly rests are taken on weekends so they do the payback in week 12

That would be applicable if the payback had to be added onto a weekly rest period but it doesn’t, even for people who have weekly rest periods at the weekend a small amount of compensation can often be added onto a daily rest period, so a blanket rule that the compensation has to be paid back by the end of the second week after the reduction could end up inconveniencing both driver and company.

9

I don’t mean to hijack this thread but could I just ask your advice please?

I had a reduced weekly rest of 33 hours so I need to compensate 12 hours. I want to do this next weekend (I work Mon-Fri) and will be starting work at 6am on the following Monday.

So, I need to take 57 hours rest next weekend. Am I right in thinking that I have to calculate back from next Sunday midnight (Monday morning)? That being the case am I also right in thinking that I cannot finish work on Friday any later than 3pm?

Or do I calculate the 57 hours back from 6am on the following Monday meaning that I can work until 9pm this coming Friday?

Thanks

10

Lee1976:
I don’t mean to hijack this thread but could I just ask your advice please?

I had a reduced weekly rest of 33 hours so I need to compensate 12 hours. I want to do this next weekend (I work Mon-Fri) and will be starting work at 6am on the following Monday.

So, I need to take 57 hours rest next weekend. Am I right in thinking that I have to calculate back from next Sunday midnight (Monday morning)? That being the case am I also right in thinking that I cannot finish work on Friday any later than 3pm?

Thanks

Based on your scenario you can finish work at 21.00H Friday.

11

9pm friday

12

Thanks for the replies. Another driver at work told me I had to calculate it back from midnight Sunday, I didn’t think that was right but wasn’t sure. Cheers.

13

Lee1976:
Thanks for the replies. Another driver at work told me I had to calculate it back from midnight Sunday, I didn’t think that was right but wasn’t sure. Cheers.

They were getting mixed up with the two sets of rules …
Fixed week rules
Between weekly rest rules