can this be done legally my mates firm say yes we say no last saturday 12 hour shift worked back in 8 am monday full week then asked too work this sat prob 12 hours we say time has not been compensated for 45 hours they say it does not need too be 
You can not reduce your weekly rest twice on the trot, so if one weekend rest is say 37 hrs the next will need to be 45 at least. Compensation will need to be payed back no later than the 3rd week.
If you only worked Saturday morning then you could probably work every Saturday.
topmixer11:
can this be done legally my mates firm say yes we say no last saturday 12 hour shift worked back in 8 am monday full week then asked too work this sat prob 12 hours we say time has not been compensated for 45 hours they say it does not need too be
It doesn’t seem very likely but it depends what time he finishes Saturday.
In any two consecutive weeks you should have at-least one regular weekly rest period and one reduced weekly rest period, so you cannot have only 2 reduced weekly rest periods in 2 consecutive weeks.
Compensation should be paid back by the end of the third week following the week in which the reduced weekly rest period was taken.
If you didn’t have 45h off last weekend (which if you did a 12h shift on Saturday and then started at 0800 on Monday you didn’t) then you need 45h off this weekend. So you can legally work Saturday, but you will need Monday off (or at least you need to start late on Monday so you get your 45h rest in). However be careful you don’t exceed your 90h fortnightly driving limit.
The compensation for the reduced rest last weekend doesn’t need worrying about yet, you have until the end of the third week after the reduction to do that.
Paul
As stated, you can’t do two reduced rests on the trot.
THANKS ALL have phone my mate who is showing this too his TM 2moro
topmixer11:
THANKS ALL have phone my mate who is showing this too his TM 2moro
how long is your daily rest periods in week
WRONG, WRONG and WRONG AGAIN
You can take 2 reduced weekly rests on the trot, a full 45hrs has to be taken in a fortnight but it does not matter which ie
week 1 45 hrs break
week 2 reduced break
week 3 reduced break
week 4 45 hrs break
week 1/2 is a fortnight and week 3/4 is a forthnight it is not a rolling fortnight
This was in the FTA handbook and I checked with a VOSA instructor
extract:
“Weekly rest
A driver must start a weekly rest period no later than at the end of six 24-hour periods (or, in
other words, after no more than 144 hours) from the end of their last weekly rest. For example,
in the case of a driver who has a full weekend off and returns to duty at 0600 on Monday
morning, the latest time they can delay starting their weekly rest is 0600 the following Sunday.
Drivers’ hours, records and tachographs
Fta Yearbook of Road Transport Law 2012 55
A daily rest can be extended to form a weekly rest, but remember the rules about ensuring
a minimum daily rest is taken within 24 hours of the start of duty still apply.
A regular weekly rest period is an uninterrupted rest of at least 45 hours. This may be
reduced to a minimum of 24 hours, provided any reduction is compensated by an equivalent
period of rest taken en bloc before the end of the third week following the week of reduction.
The compensation must be attached to another rest period of at least nine hours long.
In any two consecutive fixed weeks a driver must have at least:
−−two regular weekly rests or
−−one regular and one reduced weekly rest
A weekly rest period can overlap two fixed weeks and may be counted in either week, but not
in both.
In practice this means that regular six-day working is not possible. However, it is possible
to reduce two weekly rests consecutively, provided there are more than two weekly rests to be
counted in the two-week period, as in the following example.”
hope this makes sense
hardyd44:
WRONG, WRONG and WRONG AGAIN
No it isn’t, most of what you said following this is wrong though.
hardyd44:
You can take 2 reduced weekly rests on the trot, a full 45hrs has to be taken in a fortnight but it does not matter which ieweek 1 45 hrs break
week 2 reduced break
week 3 reduced break
week 4 45 hrs breakweek 1/2 is a fortnight and week 3/4 is a forthnight it is not a rolling fortnight
Yes it is a rolling fortnight, your example is not legal.
hardyd44:
This was in the FTA handbook and I checked with a VOSA instructor
The VOSA instructor was wrong then.
Paul
and the FTA i suppose
hardyd44:
WRONG, WRONG and WRONG AGAINYou can take 2 reduced weekly rests on the trot, a full 45hrs has to be taken in a fortnight but it does not matter which ie
week 1 45 hrs break
week 2 reduced break
week 3 reduced break
week 4 45 hrs breakweek 1/2 is a fortnight and week 3/4 is a forthnight it is not a rolling fortnight
This was in the FTA handbook and I checked with a VOSA instructor
extract:
“Weekly rest
A driver must start a weekly rest period no later than at the end of six 24-hour periods (or, in
other words, after no more than 144 hours) from the end of their last weekly rest. For example,
in the case of a driver who has a full weekend off and returns to duty at 0600 on Monday
morning, the latest time they can delay starting their weekly rest is 0600 the following Sunday.
Drivers’ hours, records and tachographs
Fta Yearbook of Road Transport Law 2012 55
A daily rest can be extended to form a weekly rest, but remember the rules about ensuring
a minimum daily rest is taken within 24 hours of the start of duty still apply.
A regular weekly rest period is an uninterrupted rest of at least 45 hours. This may be
reduced to a minimum of 24 hours, provided any reduction is compensated by an equivalent
period of rest taken en bloc before the end of the third week following the week of reduction.
The compensation must be attached to another rest period of at least nine hours long.
In any two consecutive fixed weeks a driver must have at least:
−−two regular weekly rests or
−−one regular and one reduced weekly rest
A weekly rest period can overlap two fixed weeks and may be counted in either week, but not
in both.
In practice this means that regular six-day working is not possible. However, it is possible
to reduce two weekly rests consecutively, provided there are more than two weekly rests to be
counted in the two-week period, as in the following example.”hope this makes sense
I suggest that you read very carefully the parts I’ve coloured red which make it abundantly clear that you cannot have only two reduced weekly rest periods in any two consecutive weeks.
hardyd44:
and the FTA i suppose
Yep.
The rules quite clearly state:
In any two consecutive ‘fixed’ weeks a driver must take at least:
two regular weekly rests; or
one regular weekly rest and one reduced weekly rest.
So in your example, week2 and week3 (which I’m sure we’ll all agree count as “any two consecutive fixed weeks”) you haven’t had a full weekly rest, therefore it is illegal.
Paul
but a rest that takes place over a sunday/monday can be counted in either (not both) week as the OP said he returned to work at 8am on monday
the rest from the FTA handbook that I missed earlier
In any of the two-week periods shown above there are always at least two weekly rests and one
of those is at least 45 hours long.
Long rest periods of at least 69 hours long may be counted as two back-to-back weekly
rests (eg a 45-hour weekly rest followed by a 24-hour rest), provided the driver does not exceed
the 144 hours between weekly rests before or after the block of rest is taken.
Where a driver chooses to do this, a reduced weekly rest may be taken in a vehicle provided
it has suitable sleeping facilities for each driver and is stationary.
Weekly rest can be one of the most difficult areas of EU drivers’ hours rules, because it
needs to comply on a rolling two-week basis.
D
hardyd44:
WRONG, WRONG and WRONG AGAINYou can take 2 reduced weekly rests on the trot, a full 45hrs has to be taken in a fortnight but it does not matter which ie
week 1 45 hrs break
week 2 reduced break
week 3 reduced break
week 4 45 hrs breakweek 1/2 is a fortnight and week 3/4 is a forthnight it is not a rolling fortnight
This was in the FTA handbook and I checked with a VOSA instructor
extract:
“Weekly rest
A driver must start a weekly rest period no later than at the end of six 24-hour periods (or, in
other words, after no more than 144 hours) from the end of their last weekly rest. For example,
in the case of a driver who has a full weekend off and returns to duty at 0600 on Monday
morning, the latest time they can delay starting their weekly rest is 0600 the following Sunday.
Drivers’ hours, records and tachographs
Fta Yearbook of Road Transport Law 2012 55
A daily rest can be extended to form a weekly rest, but remember the rules about ensuring
a minimum daily rest is taken within 24 hours of the start of duty still apply.
A regular weekly rest period is an uninterrupted rest of at least 45 hours. This may be
reduced to a minimum of 24 hours, provided any reduction is compensated by an equivalent
period of rest taken en bloc before the end of the third week following the week of reduction.
The compensation must be attached to another rest period of at least nine hours long.
In any two consecutive fixed weeks a driver must have at least:
−−two regular weekly rests or
−−one regular and one reduced weekly rest
A weekly rest period can overlap two fixed weeks and may be counted in either week, but not
in both.
In practice this means that regular six-day working is not possible. However, it is possible
to reduce two weekly rests consecutively, provided there are more than two weekly rests to be
counted in the two-week period, as in the following example.”hope this makes sense
regular 6 day work every week possible,just depend what time you start work after weekly rest.examply.driver start work after weekly rest monday 14.00(every week).and finish every day (monday to friday about 10 pm).if monday start 1400,so if driver finish Saturday job not later 5 pm,full 45 hours…and if drivers work monday to friday 14-to 2200.Saturday can start from 7 am.if finish before 5 pm full legaly,if finish later next saturday litlle bit danger.
hardyd44:
but a rest that takes place over a sunday/monday can be counted in either (not both) week as the OP said he returned to work at 8am on mondaythe rest from the FTA handbook that I missed earlier
In any of the two-week periods shown above there are always at least two weekly rests and one
of those is at least 45 hours long.
Long rest periods of at least 69 hours long may be counted as two back-to-back weekly
rests (eg a 45-hour weekly rest followed by a 24-hour rest), provided the driver does not exceed
the 144 hours between weekly rests before or after the block of rest is taken.
Where a driver chooses to do this, a reduced weekly rest may be taken in a vehicle provided
it has suitable sleeping facilities for each driver and is stationary.
Weekly rest can be one of the most difficult areas of EU drivers’ hours rules, because it
needs to comply on a rolling two-week basis.D
The only way it’s generally possible to have two reduced weekly rest periods in two consecutive weeks when only one weekly rest is taken each week is by manipulating them so that two weekly rest periods can count for one week.
This for most drivers usually means calculating the weekly rest periods right back to the last holiday or days off, frankly as often as not drivers can’t or don’t want to remember the dates, it usually causes more problems than it’s worth.
Anyway it doesn’t sound like the ops mate want to reduce his weekly rest so …