WTD breaks

Good morning all,

I have got some analysis here and I am not really happy with the following:

Reduced weekly rest (38 hours) finished at 04:30 on Thursday
Thursday - 14 hours worked, then 9 hours rest (reduced one no.1)
Friday - 14.5 hours worked, then 10 hours rest (reduced one no.2)
Saturday - 14 hours worked, then 12 hours rest (regular one no.1)
Sunday - 9.25 hours worked, then 14.45 hours rest (regular one no.2)
Monday - 15 hours worked, then 9 hours rest (reduced one no.3)
Tuesday - 7.5 hours worked and I am doing my 3 days off

The software says that 12 hours rest which is the night between Saturday and Sunday - is reduced daily rest. How come? And because of it, it says that I should do maximum of 13 hours of work on Monday instead of 15 I actually did. According to the software in total I had 4 reduced daily rests.

Could you explain what is going here? :confused:

Saturday - 14 hours worked, then 12 hours rest (regular one no.1)

That is a reduced
24-14=10

Remember it is what fits into the 24 hour period from when the shift started

So, it seems that this 24-hour rule is quite important one. No matter if I had 12 hours rest between Saturday and Sunday. Do you think that DVSA will take this seriously into account in case of roadside check even I had such break between two shifts? :confused:

Wilk:
So, it seems that this 24-hour rule is quite important one. No matter if I had 12 hours rest between Saturday and Sunday. Do you think that DVSA will take this seriously into account in case of roadside check even I had such break between two shifts? :confused:

They go by the rules and those rules are clear

Wilk:
So, it seems that this 24-hour rule is quite important one. No matter if I had 12 hours rest between Saturday and Sunday. Do you think that DVSA will take this seriously into account in case of roadside check even I had such break between two shifts? :confused:

The daily rest has to be completed within 24 hours from the start of the shift even on the last day of your working week.

If you work over 13 hours on the last day of your working week then have two days off it will still be a reduced daily rest period, and yes you can get fined for it if you’ve had more than three reduced daily rest periods between weekly rest periods.

Wilk:
So, it seems that this 24-hour rule is quite important one. No matter if I had 12 hours rest between Saturday and Sunday. Do you think that DVSA will take this seriously into account in case of roadside check even I had such break between two shifts? :confused:

Doesn’t matter if you had a whole week of rest after that Saturday shift, 168 hours it would still be a reduced daily rest because your shift was over 13 hours. As soon as you go over 13 hoyrs, even by just 1 minute it’s a reduced daily rest.

I’m not being funny but are you actually reading the many replies to your questions on this thread? Tachograph, ROG and myself have mentioned this point several times and in my last post I pointed out that I knew you were going to get an infringement for too many reduced daily rest periods in a week because of this and the last shift of your week. You got the infringement, it was explained how you got it and I queried then if you were reading the information given to you. You replied to my post so you obviously at least skimmed it.

Again I was at least 90% certain you would be back with the same type of infringement because it was clear from your replies you just were not getting it.

As a sideline to my main work I also check driver’s hours compliance for a company, a mixture of EU and domestic working and I have to explain the rules to some drivers. I know the ones I will be explaining the same thing to again because they aren’t getting it and I got that feeling from you.

It’s really not difficult to grasp, there are only two things you need to consider.

Before you start a shift the question is, how many hours since I finished my last shift? The answer is less than 11 then it’s a reduced daily rest.

At the end of your shift the question is, how long was my shift? If the answer is more than 13 then it’s a reduced rest. That is fact regardless of how many hours you actually rest for because 13 hours and 1 minute subtracted from 24 hours leaves less than 11 hours.

You asked about a roadside check and yes they will take it seriously if you are unlucky enough to be stopped, it’s basic stuff this and you are looking at a fine for insufficient daily rest. That would be for the rest period after the Monday shift, it was your fourth one and the penalty for this is on a sliding scale depending on how short you were on the rest period. You were 2 hours short, you had 9 and required 11, and the penalty for 2 or more hours short is £300. If you in fact had a little over 9 hours rest as your shift wasn’t quite 15 hours and you had a few minutes more than 9 it would be a £200 penalty for between 1 and 2 hours short.

If you are unable to get to grips with the regs as written then perhaps my way of putting it might help

If a shift is more than 13 hours or the time off between shifts is less than 11 hours then it is a reduced daily rest

Its not the legal way of saying it but it might help you to remember

Could you have a look at this one, please:

“Rest period: 25:00 (11:00)”

Why is it 11 hours in brackets and is it going to accept as reduced weekly rest? I am a bit worried because counters at Globofleet do not want to restart:

  • time before next weekly rest
  • shortage of daily rest times per week

25 hour reduced weekly rest including an 11 hour regular daily rest

I agree it looks like it’s a 25 hour reduced weekly rest period, and the (11:00) shows that it’s a regular daily rest period.

Wilk:

  • time before next weekly rest

You need to begin your next weekly rest no later than 15:30 on Monday 9th March

Wilk:
shortage of daily rest times per week

You have 3 reduced daily rest periods available to use before then.

Daily rest periods are not per week, they are between weekly rest periods and you’ve just had a weekly rest from 2nd to 3rd so you have wiped the slate clean. You did an 11 hour shift on the 3rd into the 4th so you haven’t used one yet, if you start before 13:03 today you will use one.

Hi again,

I would like to make sure as I am going to have a break now. I finished at 02:15 last night and my next start time is 03:30 on Friday. 49 hours and 15 minutes rest. So will it make sufficient rest this time which it is at least 45 hours? Or those 25 hours resets the counter and even next rest this week must be 45h+19h?

Wilk:
Hi again,

I would like to make sure as I am going to have a break now. I finished at 02:15 last night and my next start time is 03:30 on Friday. 49 hours and 15 minutes rest. So will it make sufficient rest this time which it is at least 45 hours? Or those 25 hours resets the counter and even next rest this week must be 45h+19h?

Both reset the counter

If both are in the same week then you choose which is to be used as the weekly rest for that week and the other is still a weekly rest but not used for any week and does not need compensating for

Hello there,

A friend of mine wonders how many hours he needs to pay back this week. He had 30 hours of reduced weekly rest 2 weeks ago and 51 hours of regular weekly rest last week. I would say it is 15 hours to pay back this week unless you can split it.

Thanks

Wilk:
Hello there,

A friend of mine wonders how many hours he needs to pay back this week. He had 30 hours of reduced weekly rest 2 weeks ago and 51 hours of regular weekly rest last week. I would say it is 15 hours to pay back this week unless you can split it.

Thanks

Compensation for a reduced weekly rest period has to be paid back en-block so cannot be spilt, your friend has 15 hours compensation to pay back by the end of the third week following the week in which he took the reduced weekly rest period.

Wilk:
Hello there,

A friend of mine wonders how many hours he needs to pay back this week. He had 30 hours of reduced weekly rest 2 weeks ago and 51 hours of regular weekly rest last week. I would say it is 15 hours to pay back this week unless you can split it.

Thanks

He doesn’t have to pay back any hours this week. If it suits him to he could have a reduced weekly rest this week. He has until the end of next week before he needs to compensate those 15 hours.

I picked this from transportfriend:

“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 third week following the week in question. The compensating rest must be attached to a period of rest of at least 9 hours - in effect either a weekly or a daily rest period.”

My (reduced) weekly rest for fixed week ending today at 23:59 is 32 hours and 30 minutes. I finished my job at 18:30 yesterday and I believe I will go to work in the morning tomorrow so that I will have at least 24 hours rest including 11 hours of regular daily rest + 12 hours 30 minutes of compensation and my next weekly rest can be just like 45 hours. Is that right?

What in case if my rest between two shifts is only 21 hrs 30 mins? (9+12h30) Does it classify as regular daily rest and compensation or it must be 2 hours more?

Wilk:
My (reduced) weekly rest for fixed week ending today at 23:59 is 32 hours and 30 minutes. I finished my job at 20:30 yesterday and I believe I will go to work in the morning tomorrow so that I will have at least 24 hours rest including 11 hours of regular daily rest + 12 hours 30 minutes of compensation and my next weekly rest can be just like 45 hours. Is that right?

Yes. As you have only had a reduced weekly rest for this week then next week’s will have to be a regular rest period of at least 45 hours.

Wilk:
What in case if my rest between two shifts is only 21 hrs 30 mins? (9+12h30) Does it classify as regular daily rest and compensation or it must be 2 hours more?

You will have repaid the required compensation. It won’t be a regular rest period and will mean you’ve used one of your allowed reduced daily rest periods. You can only do this if you haven’t already reduced 3 times since your last weekly rest period.

Whirlwind:
Normal start time show a few minutes work then 8 hrs POA then a few mins work then daily/weekly rest . Since you can’t finish a shift on a break ?

You can’t have a required break at the end of a shift as a break must interrupt your work to qualify. I see no other reason not to finish a shift on break providing all break requirements for that day have already been met. Which in this case it has, as he didn’t need a break at all.

I had two breaks of 16 and 31 minutes so that they meant to get my driving clock reseted and let me drive for another 4.5 hours. Finally, it did not happen at all and it is recorded as infringement as I am supposed to exceed the limit. No idea - will place a screenshot here soon.