Think I may have been caught out but not sure to be honest as done this a few times over the many years driving…
Anyway… I had 16 odd hours to make up and took a days paid holiday from work to add my reduction onto a daily rest period 11hrs + the 16 hours to make up the shortfall prior to the end of the 3rd week. But in fact I had a rest of nearly 38 hours when coming back onto my next shift.
Digicard download flagged up an “insufficient weekly rest” for the end of the 3rd week … but I have taken my weekly rest though as reduction has been compensated by having the days holiday (done this many times without any issues…). However another lad at our place mentioned that if its a paid holiday they have to “book” 8 hours into the tacho software, hence flagging up an infringement… surely I am resting on holiday regardless if I am paid or not?
nick2008:
Any paid leave either holiday or sickness Yes sickness you must add 8 hrs per day but if a full 5 days are taken 48hrs must be added.
But only 4 weeks (20 days) MUST be added - anything over that is not required to be added under RTD rules - daft and complicated aint it !! - probably another reason why the authorities cannot seem to be bothered with it
leo.saphira:
Think I may have been caught out but not sure to be honest as done this a few times over the many years driving…
Anyway… I had 16 odd hours to make up and took a days paid holiday from work to add my reduction onto a daily rest period 11hrs + the 16 hours to make up the shortfall prior to the end of the 3rd week. But in fact I had a rest of nearly 38 hours when coming back onto my next shift.
Digicard download flagged up an “insufficient weekly rest” for the end of the 3rd week … but I have taken my weekly rest though as reduction has been compensated by having the days holiday (done this many times without any issues…). However another lad at our place mentioned that if its a paid holiday they have to “book” 8 hours into the tacho software, hence flagging up an infringement… surely I am resting on holiday regardless if I am paid or not?
Who right or am I wrong?
You’re talking about two entirely different subjects here, the 8 hours is added to your working time for the working time regulations 48 hour average week, but has nothing whatsoever to do with weekly rest requirements for the tachograph regulations.
If you’ve been given an infringement for insufficient weekly rest it’s unlikely to have anything to do with the way your working time is worked out for the working time regulations, all the analysis software I’ve seen treats the two sets of regulations separately.
I’m a little confused about what you’ve done to be honest, the way I’m reading it is that you had a total of 38 hours to cover both the compensation and the weekly rest period.
Was the 38 hours rest additional to the days holiday or or am I reading it correctly that you had a total of 38 hours rest ?
The time you had off cannot count as both compensation and weekly rest, so if you deduct the 16 hours compensation from the 38 hours rest you’re only left with a weekly rest period of 22 hours, which obviously would not be enough for a reduced weekly rest period.
week one - owning 6 hours
week two - owning 6 hours
half way through third week I had a days holiday In this case thursday. (finished 2am thursday morning and not back into work 16:00 Friday)
so I think thats - 36 hours “rest” (which 1 shift in that period is a days holiday) - I may have put 38hrs above) - -11hours min rest required by tacho (25 hours I can use to compensate any reductions I’ve had… since I’ve need 12 hours… the 25hours should be more than enough)… or have I got that wrong?
week one - owning 6 hours
week two - owning 6 hours
half way through third week I had a days holiday In this case thursday. (finished 2am thursday morning and not back into work 16:00 Friday)
so I think thats - 36 hours “rest” (which 1 shift in that period is a days holiday) - I may have put 38hrs above) - -11hours min rest required by tacho (25 hours I can use to compensate any reductions I’ve had… since I’ve need 12 hours… the 25hours should be more than enough)… or have I got that wrong?
Besides the 38 hours off, what other weekly rest did you have?
week one - owning 6 hours
week two - owning 6 hours
half way through third week I had a days holiday In this case thursday. (finished 2am thursday morning and not back into work 16:00 Friday)
so I think thats - 36 hours “rest” (which 1 shift in that period is a days holiday) - I may have put 38hrs above) - -11hours min rest required by tacho (25 hours I can use to compensate any reductions I’ve had… since I’ve need 12 hours… the 25hours should be more than enough)… or have I got that wrong?
According to what you’ve typed it looks like you’ve gone at-least two weeks and possibly three weeks with only reduced weekly rest periods
When you went back to work on the Friday did you work the weekend ?
Also, are you still in the same job where you drive a skip truck on private land ?
edit: Sorry about all the questions but it’s difficult to tell what’s happened without more information
leo.saphira:
YesYes… did an 8 hour on the sunday (2 hour drive on public road) then d nt go back till thursday night. Yes same job in yard.
If i have mucked up then fair does and will take the rap
To be honest you’re not giving us enough information to give a proper answer.
From what you’ve said it appears that you’ve had reduced weekly rest periods for possibly three consecutive weeks, but whether or not you worked to EU rules in those weeks I’ve no idea.
It certainly appears that you had a reduced weekly rest period last week and that’s without paying back any compensation for previous reduced weekly rest periods, but whether or not it was legal it’s impossible to say without knowing whether or not you’ve been driving on public roads in the past three weeks.
leo.saphira:
YesYes… did an 8 hour on the sunday (2 hour drive on public road) then d nt go back till thursday night. Yes same job in yard.
If i have mucked up then fair does and will take the rap
Do you go out on public roads every week?
have taken this new role since start of dec 12 so the answer woukd be no as only need to cover waneet went on rod as xmas rush. Since i found out about the opt-out regs i have been using these since start of the year. Further more i dont see myselc on public highway for the time being.
If the only time you have been out on public roads under EU rges is once or twice since december then I fail to see how you can have any weekly rest issues
Just too be sure please give the dates you went out on public roads and what weekly rests you have taken over the past 4 weeks
… but I have taken my weekly rest though as reduction has been compensated by having the days holiday (done this many times without any issues…). However another lad at our place mentioned that if its a paid holiday they have to “book” 8 hours into the tacho software, hence flagging up an infringement… surely I am resting on holiday regardless if I am paid or not?
