Hi Guys,
Needs some clarification please as I have had a conversation with one of the guys(ex driver) in our office who deals with tacho infringement and what he told me contradicts how I thought weekly and reduced weekly rest works.
So here’s what I did.
My understanding of the rules is that you must have a regular weekly rest period in any fixed week from 00.00 Monday till 23.59 Sunday, and that I have done that as my regular rest period start week 1 covers me for the 2 fixed weeks 1&2, and I start another regular rest at end of week 3 which covers me for the 2 fixed week period 2&3.
As I am on 2 weeks leave I will easily pay back the 27h I owe.
However our office guy tells me this give and infringement as you cannot do 2 reduced rests in a row. Unfortunately I couldn’t explain to me what rule I was contravening.
Hopefully one of you knowlagable guys may be able to help?
Short version, he’s right, you can only do one reduced rest, then one full rest, you can compensate in that second full rest if you want then do another reduced after that, but no more reduced rests until your’re compensated
The latest you can compensate is at the latest by the end of the third week following the week the reduction was made. Also it must be repaid in one lump which is attached to a regular full rest, ie:
35 hours reduced rest at end of week 1 so you’re owed 10 hours; week 2 - 45 hours; week 3 - 45 hours; week 4 - 45hrs +10 = 55hours
Full weekly rest WHICH WEEK WAS THIS USED FOR - THE WEEK ENDING (0) OR THE WEEK STARTING (1)
Week 1
Start 6am Monday
Finish 6pm Friday
Reduced weekly rest of 36h, owe 9h
Week 2
Start 6am Sunday
Finish 6pm Friday
Reduced weekly rest of 36h owe 18h
Week 3
Start Sunday 6am
Finish 6pm Friday
Reduced weekly rest on 36h owe 27h
Finish Friday 6 pm
Start 2 week annual leave.
IF THE FIRST FULL WEEKLY REST WAS FOR WEEK 1 THEN YOU HAVE REGULAR WEEK 1 - REDUCED WEEK 2 - REGULAR WEEK 3 = LEGAL
IF THE FIRST FULL WEEKLY REST WAS FOR WEEK 0 THEN YOU HAVE REDUCED WEEK 1 - REDUCED WEEK 2 - REGULAR WEEK 3 = ILLEGAL
Thank Rog, that makes perfect sense now, the first regular rest would have been used for week 0, which is why the system popped an infraction. Why couldn’t our guy have explained it like that…
The KISS way of thinking of it is that you have to have a full 45hr rest every other week. The third week rule is for compensating for a previous reduced weekly rest.
Conor:
The KISS way of thinking of it is that you have to have a full 45hr rest every other week. The third week rule is for compensating for a previous reduced weekly rest.
If you do full / reduced (weekly rest ) alternating weeks, when do you pay back the reduced?
I guess the full rests would have to be 45+ what you owe each time? Would that be correct?
Also keeping it simple, the third week payback. Is that UpTo 21 days after the reduced rest? 21 days from the begining of the week that includes the reduced rest?
Sorry still confuses me as up until recently I was only doing every other weekend, so it was easy to get my head round. Thanks
spacemanZ10:
Thanks Rog, I believe you have previously said the payback can be added onto a daily rest also? So a daily rest of 20+hrs could be 11+ the owed 9?
Correct - also 18 off with a 9 reduced daily + 9 payback for example
Conor:
The KISS way of thinking of it is that you have to have a full 45hr rest every other week. The third week rule is for compensating for a previous reduced weekly rest.
If you do full / reduced (weekly rest ) alternating weeks, when do you pay back the reduced?
I guess the full rests would have to be 45+ what you owe each time? Would that be correct?
Also keeping it simple, the third week payback. Is that UpTo 21 days after the reduced rest? 21 days from the begining of the week that includes the reduced rest?
Sorry still confuses me as up until recently I was only doing every other weekend, so it was easy to get my head round. Thanks
Sent from my moto g(6) play using Tapatalk
You have till the end of the 3rd fixed after the fixed week the reduction is in to have paid back the compensation.
A fixed week is 0000 Mon - 2400 sun
If you had more than 1 reduced weekly rest in a fixed week then only 1 would need compensation, the one the required the least compensation!
So reduce week 1
Compensation to be paid back by attaching it to the end of any rest period of at least 9 hours by 2400 Sunday on week 4
Quick question, can a reduced weekly rest be compensated by having a day off during the week following the reduction enabling another reduced weekly rest the following weekend?
BIGZ1963:
Quick question, can a reduced weekly rest be compensated by having a day off during the week following the reduction enabling another reduced weekly rest the following weekend?
A compensated for reduced weekly rest does not make that reduced into a regular one
Can you confirm that this is legal please?
Week off.
Start Tuesday 6am
Finish Sunday 6pm
Reduced rest 36h
Start Tuesday 6am
Finish Sunday 6pm
Reduced rest 36h
Start Tuesday 6am
Finish Sunday 6pm
Week off
Repeat…
I think this is ok as the full week off can count for the full weekly rest required in both weeks 1-2 and 2-3 as it will be a fun 8 days off, hours owed will easily be paid back during the week off
Thank
Dave
Dave73-UK:
Can you confirm that this is legal please?
Week off.
Start Tuesday 6am
Finish Sunday 6pm
Reduced rest 36h
Start Tuesday 6am
Finish Sunday 6pm
Reduced rest 36h
Start Tuesday 6am
Finish Sunday 6pm
Week off
Repeat…
I think this is ok as the full week off can count for the full weekly rest required in both weeks 1-2 and 2-3 as it will be a fun 8 days off, hours owed will easily be paid back during the week off
Thank
Dave
Sent from my SNE-LX1 using Tapatalk
Yeah that’s fine,
The fixed weeks are
regular
Reduced
Regular
Only the 2nd reduced will need to be compensated which is obviously easily done in the week off
