Compensatory Weekly Rest

Maigret:
Just another thought. If a driver basically takes 23 hours Weekly Rest, that’s a straight offence. From what I have seen, there would not be then a compensation requirement of 22 hours generated. It would just be a straight “no Weekly Rest”. Would this then be a base to argue that the compensation offence does stop at midnight at the end of the 3rd week?

As far as I can tell from the DVSA enforcement policy booklet a 23 hour weekly rest would still be regarded as insufficient weekly rest, there doesn’t seem to be an offence of not paying back compensation so it must be insufficient weekly rest (Page 119)

As far as compensation is concerned, you could certainly get done for it up-to 28 days after the reduced weekly rest period … or would it be 28 days from the last date that the compensation should have been paid back by, I suppose you could say that’s when the offence really starts, up until the end of the 3rd week after the reduced weekly rest period there is no offence committed because there’s still time to pay back the compensation (for simplicity I’m assuming we’re talking about a single reduced weekly rest period), so assuming that a weekly rest period at the end of the third week would be insufficient weekly rest because of the missing compensation the infringement for insufficient weekly rest would be generated then, so it would still be historically current (for want of a better phrase) for 28 days from that date (the end of the third week or from the weekly rest period immediately prior to that).

In order to answer the question we need to know when the offence is committed, having a reduced weekly rest period certainly isn’t an offence, the offence is in not paying it back so would the last weekly rest period prior to the end of the third week be when the offence is committed ?

Does that make sense :confused:

I don’t know how analysis software treats the situation after the 3 weeks but you’re probably right, you can’t just keep getting infringements for the same offence, that would be daft.

Maigret:
Tachograph- your comments re Historics are really interesting. If the compensation doesn’t end at the end of the 3rd week and just continues to accumulate, in effect it’s a permanently “ongoing offence” in effect until repaid. This could potentially attract a prohibition several weeks after the relevant “third week” had finished and the driver could have had several periods of WR well above 45 hours! Now that would be 2 bites of the cherry!!

As above, maybe as the infringement would be generated at the end of the third week perhaps you could be penalised by the DVSA for 28 days after that, though parking anyone up when they’ve had several weekly rest periods after the relevant reduced weekly rest period would be futile.