Put card in this morning , time for weekly rest
Wk 1
3 am sun - 13.30 Fri
Wk2
3 am sun - 15.00 Fri
Wk3
3 am sun- 15.15 sun
3 am ( mon ) , that’s when weekly rest came up
So thats 1 st week reduced rest of 7.5 hrs , week 2 reduced rest of 9 hrs .
I believed I had 45 + 16.5 hrs = 61.5 hrs to have this wk end ( 3 rd week ) , obviously I’m wrong ?
What I’d baffling me is why did I not get message / infringement for yesterday ( 3 -15.15 , checked , no infringement ) , is it the fact I start on a Sunday ?
I assume im wrong as only very rarely do extra shifts , all this is to do with compensating for Xmas days off , I said I’d have it off unpaid , they said they want it compensated for .
So I’ve come home , I’m assuming I need 45 hrs off or do I ?
Thankyou
If a reduction is taken it must be compensated for by an equivalent period of rest taken in one block before the end of the 3 rd week .
The compensating rest must be attached to a period of rest of at least 9 hrs in effect either a weekly or daily rest .
I must be understanding this wrong ?
Got it , you can’t reduce 2 weeks in a row , thank god Xmas doesn’t come round every week , nice 2 day midweek break so not all bad
You can reduce 2 weeks on the trot but 3rd must be equal to 45+ any hours not taken in last 2 weeks
Earliest you can start on a Sunday to have 45 off is 12pm a whole 9 hours later than you started
If that’s the case why is the tacho showing showing , Time for weekly rest ? Blue estate
I worked it out if I finished Thurs 15.00 this week , 3 rd week ( normal shift sun - Thurs ) then I couldn’t start until 4.30 am sun ( 61 1/2 hrs rest )
I’ll leave it to office now , when they work it out , ha ha , there going to tell me how much time I need off , there guessing at 61 1/2 hrs , but there baffled why I didn’t have message on tacho , infringement for yesterday .
Assuming the times given are working times ie you start your week sunday 3am and finish on a friday at 13:30 for week 1 there is a lot wrong…
first issue is all weeks are reduced weekly rests you cannot have 2 reduced weekly rests consecutively unless both are taken outside the uk or not in you country of residence.
second issue for week 3 it appears that you only had 11h45 weekly rest assuming you started at 3 am week 4. You need at least 24 hours off for a reduced weekly rest so no wonder it told you to take one
third issue week 3 you worked more than 6 consecutive 24 hour periods between weekly rests.
4th issue but nothing to do with your tacho… wtf do you mean you have to work extra to compensate for your time off over xmas. You have accrued holiday weather you are full time with the company or agency if you have used it up or not earned enough then you dont get paid its that simple. If they have allowed you to take holiday when you wouldnt have enough to cover the xmas period that is there problem not yours if you are full time.
You are right you need at least 61.5 hours off and another 45 for your next weekly rest BEFORE sunday 23:59
You could well be right but I understood it ( I’ve not done it for years ) that you could do a 2 reduced tests then compensate by end of 3 rd week , goverment web site
As for having 11 hrs rest , last week I finished 15.00 Fri & started sun at 3 am , that’s 36 hrs weekly rest ? , previous week I finished Fri at 13.30 , started sun at 3 am , that’s 37.5 hrs weekly rest .
Not saying your wrong , you could well be right copper
As for Xmas , 100% agree , I was happy to have it off unpaid
as i said only if your doing international work as you said on a nother post you said your shifts are less than 12 hours and you work for cullina i assumed you wernt
from the gov site
If you’re driving goods vehicles on an international trip, you can take 2 consecutive reduced weekly rest periods (less than 45 hours) as long as these are taken:
outside the UK
outside your country of residence
Over a 4-week period, 2 of the weekly rest periods must still be of at least 45 hours.
Right , I’ll stick to sun - Thurs then , thank god Xmas only comes round once a year
i miss read your times and assued week 3 was a full week from 3am sun to 15:30 the following sunday rather than just one day.
I think that the issue of why it hasnt thrown it all out before is a weekly rest can be counted in either week so if you had extra before the beginning of week 1 it could throw it out
Looks like your right , I was as I say under the impression you could reduce week 1 , week 2 & compensate week three , but this isn’t saying this .
For drivers working in the UK it’s been the case for years that you must have at-least one regular 45 hour weekly rest period in any two consecutive weeks.
For people who’s weekly rest periods cross over two weeks (Sunday midnight to Monday morning) there are circumstances where they can occasionally have two reduced weekly rest periods but that does not apply to you if your working Sunday to Thursday/Friday.
Having said that it’s always best to stick to at-least one regular weekly rest period every second week.
You are right about compensation for weekly rest periods having to be paid back by the end of the third week following the week that the reduced weekly rest period was taken in.
Thankyou tachograph , my only excuse is I normally only do 5 days , these extra shift are to cover Xmas .
So how do you put this right ? Had 36 hrs this weekend when should have had 45 hrs + 7.5 hrs from prev reduced week , so I assume you can’t put it right ? Or after realising error of ways would you have the 52.5 hrs off ?
as i said i think you need to pay back all reduced rest… so 45 + 16.5 so 61.5
to be honest i dont get this compensation thing… are they going to with hold pay for the extra days worked this month and not pay it till you would normaly get paid the period with xmas in? if the xmas is in the current pay period i dont see what they are achieving… they either arent paying you for xmas or for the extra shifts. All this stinks to high heaven and cant be legal,… if i were you i would have a word with vosa and maybe the cab
They’ve said have today/ tomorrow off unpaid , which I took card out at 3.30 am this morning until I assume 3.00 am wed , you can’t put not having 45 hrs off last weekend right , so I assume to make it look better they’ve said have a full 45 hrs + rest to show you realised the errors of your ways & you have at least made a effort to in a sense make it look better .
Xmas cooper , I’ve no holidays left but wanted certain days off , I was happy to have them off unpaid , but they wanted wernt , so said do some extra shifts to compensate , I just had it in my head you could do 2 reduced rests & make up on 3 rd week , obviously wrong but I guess that’s what happens when you don’t normally do o/t , extra shifts
All sorted unless they want me to compensate for these 2 unpaid days off
Thanks cooper
You need to have a regular 45 hour weekly rest period starting from when you left work this morning, you have until the end of next week to pay back the compensation for week 1 so it’s up-to you whether you pay it back now or later.
The real problem you have is that when you put your card in this morning it will show that you was at work and so interrupted the weekly rest period that could have started on Sunday at 15:15.
I’m afraid there’s nothing you can do about that now, at-least you took your card out and went home when you realised the mistake so if you get stopped by the DVSA hopefully they will be understanding.
edit: You posted while I was replying (I got interrupted) and it seems you boss has advised you what to do 