Weekly rest.

parmoz · 2 May 2016 04:29

Can I do two 6 days week, that means wr reduced twice then pay back all in third week while on holiday.

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bald_bloke · 2 May 2016 05:08

As long as you had at least a 45 hr weekly rest before the first week then yes it’s ok.

You need at least a 45 hr weekly rest every other week .

parmoz · 2 May 2016 05:16

Yeap I had thanks for clarify.

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rog · 2 May 2016 06:20

parmoz:
Can I do two 6 days week, that means wr reduced twice then pay back all in third week while on holiday.

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DEPENDS … will need to know what weekly rests have been taken beforehand if doing two reduced weekly rests in a row so that we can determine what weekly rest goes with what week

rog · 2 May 2016 06:21

bald bloke:
As long as you had at least a 45 hr weekly rest before the first week then yes it’s ok.

You need at least a 45 hr weekly rest every other week .

And that first 45 can be used for the week commencing without needing to be used for the week ending - cannot be used twice

parmoz · 2 May 2016 07:59

Had 60h wk rest then reduced to 35h and will have 35 rest this week, third week on holiday sow I assume is fine.

god1ne

rog · 2 May 2016 09:27

parmoz:
Had 60h wk rest then reduced to 35h and will have 35 rest this week, third week on holiday sow I assume is fine.

god1ne

It might or might not be fine

Was the regular 60 hour used for the week that just ended or was it used as the weekly rest for the week just starting

To have the option for either week it must cover sunday midnight

You must have a regular 45 weekly rest for every other week

This is why we need to know what weekly rests were taken and when especially going back to the last time you had 90 hours or more off

tachograph · 2 May 2016 09:56

parmoz:
Had 60h wk rest then reduced to 35h and will have 35 rest this week, third week on holiday sow I assume is fine.

That’s an assumption that could possibly get you parked up for 45 hours if you get stopped.

If you work Monday to Friday and this is the first time you’ve had 2 consecutive reduced weekly rest periods since you last had at-least 90 hours rest it’s probably legal to have 2 consecutive reduced weekly rest periods now.

But as ROG has indicated, there’s not enough information given to be able to give a definite answer to your question.

rog · 2 May 2016 10:02

Did you have 4 days off over Easter

If yes, then what weekly rests have you taken since then - need dates and times

parmoz · 2 May 2016 16:27

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tachograph · 2 May 2016 17:50

You had a reduced weekly rest period last week so you must start a regular 45 hour weekly rest period some time this week.

There still isn’t enough information to say whether or not the previous 2 reduced weekly rest periods you’ve had was legal.

rog · 2 May 2016 18:17

Please could you answer this … so we can help you

ROG:
Did you have 4 days off over Easter

If yes, then what weekly rests have you taken since then - need dates and times

nelson_maia_martins · 23 July 2016 10:45

Good morning to all
My question is after 12 days off can i do the following work schedule: Holidays - 6days work - 38h rest - 6days work - 30h rest - 5 days work - 45h rest (i drive around 6H a day and work 9H).
Thanks to all
Martins

rog · 23 July 2016 11:22

nelson.maia.martins:
Good morning to all
My question is after 12 days off can i do the following work schedule: Holidays - 6days work - 38h rest - 6days work - 30h rest - 5 days work - 45h rest (i drive around 6H a day and work 9H).
Thanks to all
Martins

Looks ok …

after the 12 days holls what day of the week are you starting back on

I do not think it will make a difference but it might

rog · 26 August 2016 15:44

marsland:

ROG:

nelson.maia.martins:
Good morning to all
My question is after 12 days off can i do the following work schedule: Holidays - 6days work - 38h rest - 6days work - 30h rest - 5 days work - 45h rest (i drive around 6H a day and work 9H).
Thanks to all
Martins

Looks ok …

after the 12 days holls what day of the week are you starting back on

I do not think it will make a difference but it might

It doesn’t matter what day of the week you start. Your weekly rest is defined as being between your work shifts. You will be required to take a 45hr rest after your second period of six.

WHY?

maigret · 4 September 2016 07:53

There are actually 2 weekly rest requirements.

You can never work more than 144 hours continually without taking a weekly rest period. By its very definition, this clearly applies to the time between weekly rest periods - sometimes called the Drivers “working week”.
The second requirement is how much rest that a driver has to take. This regulation is governed by THE FIXED WEEK. The Fixed week is Monday to Sunday. Full stop. A drivers has to show at least 45 hours off, somewhere, in each Fixed Week. He can reduce this to a minimum of 24 hours BUT you cannot reduce to 24 in consecutive Fixed Weeks.

Both 1 and 2 HAVE TO BE COMPLIED WITH. So, as with all discussions about Weekly Rest, it is crucial to know on what days of the week the driver starts driving and starts his rest periods. To say it doesn’t matter is storing up big issues.

rog · 4 September 2016 10:43

Maigret:
There are actually 2 weekly rest requirements.

You can never work more than 144 hours continually without taking a weekly rest period. By its very definition, this clearly applies to the time between weekly rest periods - sometimes called the Drivers “working week”.

The second requirement is how much rest that a driver has to take. This regulation is governed by THE FIXED WEEK. The Fixed week is Monday to Sunday. Full stop. A drivers has to show at least 45 hours off, somewhere, in each Fixed Week. He can reduce this to a minimum of 24 hours BUT you cannot reduce to 24 in consecutive Fixed Weeks.

Both 1 and 2 HAVE TO BE COMPLIED WITH. So, as with all discussions about Weekly Rest, it is crucial to know on what days of the week the driver starts driving and starts his rest periods. To say it doesn’t matter is storing up big issues.

To expand on that - a weekly rest only needs to be at least 1 minute in a fixed week to be used for that fixed week

the_enforcer · 11 September 2016 08:53

I may be misunderstanding your responses but they appear to be incorrect.
A driver that takes a 45 hr break which spans Sun & Mon will be deemed to have taken a weekly rest period.
The legislation clearly states this under Article 8 Sec 9

tachograph · 11 September 2016 10:06

The Enforcer:
I may be misunderstanding your responses but they appear to be incorrect.
A driver that takes a 45 hr break which spans Sun & Mon will be deemed to have taken a weekly rest period.
The legislation clearly states this under Article 8 Sec 9

I’m not sure who you’re referring to, but if you’re saying that the regulations say “A weekly rest period that falls in two weeks may be counted in either week, but not in both” I don’t think anyone is disagreeing

the_enforcer · 12 September 2016 10:11

tachograph:

The Enforcer:
I may be misunderstanding your responses but they appear to be incorrect.
A driver that takes a 45 hr break which spans Sun & Mon will be deemed to have taken a weekly rest period.
The legislation clearly states this under Article 8 Sec 9

I’m not sure who you’re referring to, but if you’re saying that the regulations say “A weekly rest period that falls in two weeks may be counted in either week, but not in both” I don’t think anyone is disagreeing

Reading the response posted by Maigret both points 1&2 are wholly incorrect.
You cannot “work” 144 hours between weekly rests.
Because weekly rests can occur over two adjoining fixed weeks they are not as stated governed by that fixed week, you do not have to show a weekly rest within a fixed week it must start no later than the end of the sixth 24hr period following the end of the last weekly rest.