I guess I should know this but will ask anyway… The 45 hour rest period after six days work.
Does it reset or if I work 2 days and have 2 days off does that mean I can now start my working week again? Or after every 45 hours rest does it reset?
If I did regular one day work one off but with only 40hr break in between, how long before I have to stop for a full 45 as this wouldn’t technically be six consecutive days work, due to the day off in between? Or would it?
Thanks
spacemanZ10:
I guess I should know this but will ask anyway… The 45 hour rest period after six days work.
Does it reset or if I work 2 days and have 2 days off does that mean I can now start my working week again? Or after every 45 hours rest does it reset?
If I did regular one day work one off but with only 40hr break in between, how long before I have to stop for a full 45 as this wouldn’t technically be six consecutive days work, due to the day off in between? Or would it?
Thanks
In terms of the six consecutive days, a rest of 24 or more will reset this. You do have to adhere to having the appropriate regular and reduced weekly rests in the appropriate fixed weeks as well.
In terms of having a 40 hour rest, this is a reduced weekly rest. However, as you have had 16 hours more rest than 24, the compensation you need is only 5 hours. Even if you do compensate the 40 still only counts as a reduced weekly rest.
You can get in a situation where a single day off isn’t really of much assistance to you because you need to take a 45 hour one. The six days reset, but you can’t work all them if you see what I mean.
It is generally much easier if you are just given a compliant rota, but alas not always the case.
ROG:
Every time you have a weekly rest of 24+ hours it resets the 144 max hours between weekly rest rule
Does that answer it or only partly
Thanks Rog it’s partly answers. So 24+ resets the 144, but at some point I will need a 45+ ? Which I assume is within 14 days of the first shift? Or I run the risk of doing two plus weeks without a full break and not paying back?
Noremac:
In terms of the six consecutive days, a rest of 24 or more will reset this. You do have to adhere to having the appropriate regular and reduced weekly rests in the appropriate fixed weeks as well.
In terms of having a 40 hour rest, this is a reduced weekly rest. However, as you have had 16 hours more rest than 24, the compensation you need is only 5 hours. Even if you do compensate the 40 still only counts as a reduced weekly rest.
You can get in a situation where a single day off isn’t really of much assistance to you because you need to take a 45 hour one. The six days reset, but you can’t work all them if you see what I mean.
It is generally much easier if you are just given a compliant rota, but alas not always the case.
Thanks Noremac, so I assume that I need a 45 if possible within each fixed week, and if not 45+ every other?
I doubt it will be an issue as being agency it’s fits and starts but I seem to get a run of every other days working and I just wondered? D
Driving hours seem easy to understand it’s rest periods and WTD that make it trickier!
Driving sometimes is the easy bit!
A regular 45 rest is needed IN at least every other week
IN means at least 1 minute in the fixed week (sunday midnight to sunday midnight) so it can be used for that week
A rest that includes sunday midnight can be used for the week starting OR the week ending but not both UNLESS is happens to be say 90 hours in which case it can be a regular weekly rest for both weeks
As above - if the rest is say 69 hours then that can be a regular and a reduced or a reduced and a regular
You can have many weekly rests IN one week but only one needs to be used for it (drivers choice) and any not used do not need compensating for
ROG:
A regular 45 rest is needed IN at least every other week
IN means at least 1 minute in the fixed week (sunday midnight to sunday midnight) so it can be used for that week
A rest that includes sunday midnight can be used for the week starting OR the week ending but not both UNLESS is happens to be say 90 hours in which case it can be a regular weekly rest for both weeks
As above - if the rest is say 69 hours then that can be a regular and a reduced or a reduced and a regular
You can have many weekly rests IN one week but only one needs to be used for it (drivers choice) and any not used do not need compensating for
Does that help more
You’ve almost described the situstion I am in, however can I just clarify…
I have taken a reduced rest of 40 hours in week 1
I will finish work at 7:30am on the Saturday in week 2.
I planned to then have my 45 hours (plus the 5 owed from week 1) starting 7:30am Saturday and running until 9:30am on the Monday in week 3.
Is that legal? Can I use satursay and Sunday of week 2 going into Monday of week 3 for my weekly rest?
Do I need to have another, separate 45 hour rest in week 3?
Only even driving a couple of months and the bulk of my work is overtime. It’s a minefield!
I wonder who thought of compensation rest from a few weeks ago , a ridiculous rule , the body clock and sleeping patterns can’t catch up on rest from weeks ago ?
1on4:
You’ve almost described the situstion I am in, however can I just clarify…
I have taken a reduced rest of 40 hours in week 1
I will finish work at 7:30am on the Saturday in week 2.
I planned to then have my 45 hours (plus the 5 owed from week 1) starting 7:30am Saturday and running until 9:30am on the Monday in week 3.
Is that legal? Can I use satursay and Sunday of week 2 going into Monday of week 3 for my weekly rest?
Do I need to have another, separate 45 hour rest in week 3?
LEGAL and YES
The 5 hours could also be paid back with a daily rest - lets say you had 14 hours off between shifts so that can be a 9 reduced daily rest (max 3 between 2 weekly rests) plus 5 payback
And the total Muppet from the EU who made 9 hours off a legal requirement , that is fine for a tramper sleeping in the cab but not for anyone that has to commute to the yard .
Which gives no time to eat , shower , bath , social life with your family ,with 4 hours sleep then a 15 hour duty the next day .
It should be 12 off every night , no compensation rubbish designed to catch drivers out for fine money .
Another issue is ferry mode , they are happy for drivers to run around finding parking after getting off the ferry , reduced rest makes a tired driver .
1on4:
You’ve almost described the situstion I am in, however can I just clarify…
I have taken a reduced rest of 40 hours in week 1
I will finish work at 7:30am on the Saturday in week 2.
I planned to then have my 45 hours (plus the 5 owed from week 1) starting 7:30am Saturday and running until 9:30am on the Monday in week 3.
Is that legal? Can I use satursay and Sunday of week 2 going into Monday of week 3 for my weekly rest?
Do I need to have another, separate 45 hour rest in week 3?
LEGAL and YES
The 5 hours could also be paid back with a daily rest - lets say you had 14 hours off between shifts so that can be a 9 reduced daily rest (max 3 between 2 weekly rests) plus 5 payback
Thanks a lot for this. So the reduced weekly rest can be paid back with a longer daily rest instead? Or have I misunderstood?
Do I need to take a second 45h rest in Week 3 of my example?
1on4:
You’ve almost described the situstion I am in, however can I just clarify…
I have taken a reduced rest of 40 hours in week 1
I will finish work at 7:30am on the Saturday in week 2.
I planned to then have my 45 hours (plus the 5 owed from week 1) starting 7:30am Saturday and running until 9:30am on the Monday in week 3.
Is that legal? Can I use satursay and Sunday of week 2 going into Monday of week 3 for my weekly rest?
Do I need to have another, separate 45 hour rest in week 3?
LEGAL and YES
The 5 hours could also be paid back with a daily rest - lets say you had 14 hours off between shifts so that can be a 9 reduced daily rest (max 3 between 2 weekly rests) plus 5 payback
Thanks a lot for this. So the reduced weekly rest can be paid back with a longer daily rest instead? Or have I misunderstood?
Do I need to take a second 45h rest in Week 3 of my example?
As I understand yes you need a 45 hour in week three if you can, if you can’t then you need to pay that back within 3 weeks of that reduced rest. I don’t think you can have two consecutive weeks with reduced rest though.
