Sunday N/Shift and Fixed Working Week / 10hr Drive

Usually take my weekly rest at weekend and never done weekends before. Just wondering if I can do a 10hr drive on a Sunday night / Monday morning as the fixed working week begins at 00:00, Monday? If I can, can I assume that goes on previous fixed week?

As in, start of shift, Sunday 18:00, end of shift, Monday 07:00, 4.5hr drive / 45m break / 3.5hr drive / 45m break / 2hr drive / end of shift.

Thanks

I think but not entirely sure but a 10 hr drive on a Sunday night will count for whatever day you do the most driving in, so if you drove 4 hrs on Sunday before midnight but after midnight on the Monday you drove the remaining 6 hrs then the 10 hr drive would count for the Monday, but like I said not sure .

Or actually it might also count for the day the drive started on so in your case a Sunday .

Actually ignore all the above I’m more confident it’s on the day that you extend past the 9 hr mark so in your case it’ll be the Monday.

I won’t edit this waffling out but I’m confident on the last statement being correct.

thanks for the info mate. I’m starting a job where I’m starting Friday PM until Monday AM so that’s why I was asking as I’m not wanting to rattle 3 x 10hr drives by mistake. What you suggest sounds right though so thanks again, I’ll stick to a single 10 on either Fri / Sat and a 10 on a Sunday, if needed :wink:

I agree with bb, the second part of his post that is :smiley:

I’ve always interpreted the regulations in such a way that the day you actually go over the 9 hour drive is the day the extended driving shift will count for, so if you go over the 9 hours driving after midnight Sunday it will count for Monday.

We’ve said this on this board a few times and I’ve never heard of anyone getting an infringement for it…

thanks for that tachograph. about the only thing that isn’t black and white on any searches online.

If I understand the question correctly I would comment as follows:

Driver Exceeds 9 hours driving on Friday and Saturday - hence 2 driving increases for that Fixed Week. Next shift starts for example at 2130 on Sunday with 2 1/2 hours driving on Sunday followed by a further 7 hours after midnight on the Sunday. Or something similar to that.

As I understand the Regs Daily Driving time is accumulated between the end of one Daily /Weekly Rest period and the start of the next daily / Weekly Rest period. Therefore, the Daily Driving period commenced on the Sunday prior to the FIXED WEEK DIVIDE and so that 9 hours 30 minutes driving is actually allocated to the Sunday which would make it the 3 rd increase.

yup, that’s what I wasn’t sure on but I’ll just make sure if that I’ll only do a 10 on either Friday or Saturday and not both. Leaves Sunday open if I need the extra hour to get home.

Edit:

Coffeholic given a definitive explanation here:

viewtopic.php?f=2&t=122612

nice one ;

Maigret:
As I understand the Regs Daily Driving time is accumulated between the end of one Daily /Weekly Rest period and the start of the next daily / Weekly Rest period. Therefore, the Daily Driving period commenced on the Sunday prior to the FIXED WEEK DIVIDE and so that 9 hours 30 minutes driving is actually allocated to the Sunday which would make it the 3 rd increase.

But I doubt very much that you’ll be able to find a link to that information.

The regulations say “the daily driving time may be extended to at most 10 hours not more than twice during the week”, there is no guidance that I know of from either the DVSA or the EU commission to say which day the daily driving time belongs to when working over-night, therefore it’s reasonable to assume that it’s the time that the daily driving time is extended that matters, in other words if the 9 hour daily driving time is extended after midnight Sunday the driving time is being extended on the Monday not Sunday.

If you do 9 hours driving up-to 01:00 Monday morning then continue driving clearly the daily driving time is being extended on Monday so that would be one daily driving time extension in the second week.

As I’ve said, there appears to be no guidance from either the DVSA or the EU commission on this issue but I’ve never heard of anyone getting an infringement because they interpreted the EU rules the way I’ve said here, i believe it would take a court case or an EU guidance note to finalise this issue.

Does this help ?
viewtopic.php?f=7&t=73055&p=937758#p937758

Ended up phoning vosa [dvsa as it’s called now] and was told that it was at my descretion as to what fixed week to put the 10hr drive in, as long as all other rules are complied with. So if I’d only done a single 10hr drive, that week, put it in Sundays week or attach it to the next fixed week otherwise.

Can see this being interesting with the hauliers downloader if you do a 10 every Sunday N/Shift and an additional 10hr at another time in week as the software may interpret 2 x Sundays between 2 fixed week periods with an additional 10 midweek as being 3 x 10’s in same week :wink:

bbez:
Ended up phoning vosa [dvsa as it’s called now] and was told that it was at my descretion as to what fixed week to put the 10hr drive in, as long as all other rules are complied with. So if I’d only done a single 10hr drive, that week, put it in Sundays week or attach it to the next fixed week otherwise.

Always get that info from DVSA in writing/email because often it can be one persons opinion as to how the rules work - that has happened many times in the past

Verbal communication must be taken with a pinch of salt

Nice one Rog, I’ll keep that in mind ;