Maigret:
One for the “gurus” I think!
I don’t do the guru thing but will give my opinions anyway.Obviously, when a driver takes a reduced Weekly rest of less than 45 hours, that has to be compensated for. That compensation has to be repaid, en bloc, prior to the end of the third Fixed Week after the week that the reduction took place.
My questions are:
If that compensation is not met, let’s say a 10 hour shortfall, there is an infringement generated. Is that a straightforward breach of a Weekly Rest in this case it would be 55 hours or 34 hours, or is it a separate infringement category altogether for example “breach of compensatory Weekly Rest”?
I could be wrong but I’m reasonably sure analysis software would generate an infringement for “Insufficient weekly rest”.I think this has happened to someone here but I can’t remember who it was
The follow up question is this. If compensation is not repaid by the end of the 3rd Fixed Week, is that it - ie infringement generated and start a new cycle? Or does the compensation in effect “roll on” and accumulate until it is settled - a bit like driving time when a Daily Rest period is not taken?
I wouldn’t think you can just write off the offence so I would say that the compensation would still need to be paid back and if it wasn’t it could generate more infringements.Bear in mind that if, say compensation of 20 hours, was required and for the 3 weeks after the reduced weekly rest period you had regular 45 hour weekly rest periods, one of those regular weekly rest periods could count as a reduced weekly rest period plus the compensation that’s owed.
On the other hand if we was talking about what the DVSA would or could do, you wouldn’t be penalised (at the road-side) after 28 days from the offence so the sheet would have to be swept clean (I think
).
I suspect my question may need clarification but let’s see how we go!!
