If I sit at a RDC on a period of availability for five hours that does not count towards the 48hr week? If Igo on holiday to Portugal for 7 days I have to book 48hrs towards my working period of 13 weeksor 26 weeks? 
This is how it appears from the information I have been given by my employers! Somebody correct me if I’m wrong, why do I have to book 48 hrs work when i’m not working! How can anybody take notice of such a stupid law to quote Mr Mcenroe “YOU CANNOT BE SERIOUS”
As I understand it the reason is so that your holiday isn’t used to bring your average hours down if youve allready used the amount available in the reference period your using. This is off the DfT webpage.
You cannot use statutory annual leave, sick leave, maternity or paternity leave in order to reduce the average working time performed during the reference period.
Also for each additional day you take as leave after a complete week you are to put down as though 8hrs work has been performed. So leave of 1 week and two days would be 48hrs + 8hrs p/day after the week. This is my understanding of it anyway if its wrong im sure i’ll be put right.
Thanks for the answer UV. But WHY?? If you are having a day off or a weeks holiday you are not WORKING! so why shouldn’t it reduce your average. It really beggars belief, I can’t understand why nobody’s picked up on it. They say “the laws an ■■■” this certainly proves it 
You can do up to 816hrs in a 17 week reference period, if you took a weeks holiday and it wasn’t included then that would leave 16 weeks in the reference period with still up to 816hrs which would meen an average of 51hrs p/week which excedes the 48hr p/week average cap.
I think my maths are correct 
816hrs / 17 =48hrsp/week
816hrs / 16 =51hrsp/week
If you have time off after the 20 daysholiday it can be used to bring your average working week down, not too sure if many employers will be willing to pay you for it though 
:(.
Also for each additional day you take as leave after a complete week you are to put down as though 8hrs work has been performed. So leave of 1 week and two days would be 48hrs + 8hrs p/day after the week. This is my understanding of it anyway if its wrong im sure i’ll be put right.
5 days holiday = 48 hours. Additional days (either end) are effectively Weekly Rest so do not have to be factored into the calculations.
It seems that only the statutory minimum of 20 days holiday need to be compensated at the 48 hours per week rate. Hence the maximum for any year would be 48 x 4 = 192 hours, or
if taken as individual days, 8 x 20 = 160 hours.
Only 20 days HOLIDAY need to be compensated at 48 hrs per week!! Am I missing the point. Somebody tell me if I am getting this wrong. If I am on holiday I am not working, why should I have to book 48hrs for it. I think I must be a bit thick. or am I the only one seeing the King with no clothes on.
That is a stupid part of the WTD , and as one driver all ready stated we are on holiday doing nothing that remotely looks.or has to do with work…
Bugsy:
Only 20 days HOLIDAY need to be compensated at 48 hrs per week!! Am I missing the point. Somebody tell me if I am getting this wrong. If I am on holiday I am not working, why should I have to book 48hrs for it. I think I must be a bit thick. or am I the only one seeing the King with no clothes on.
Look at it this way.
How would you like it if come week 14 or 15, your gaffer suddenly says, “Your hours are quite high. Take eight days off as part of your holiday allocation.”
No time to plan or book anywhere. Kids are in school taking exams. Missus has her holidays booked for a different period.
Daft as it seems, this is probably one of the most sensible protections for a driver because it prevents unscrupulous employers engineering hours to fit their incompetence.
How would you like it if come week 14 or 15, your gaffer suddenly says, “Your hours are quite high. Take eight days off as part of your holiday allocation.”
No time to plan or book anywhere. Kids are in school taking exams. Missus has her holidays booked for a different period.
sounds like paradise 
Sorry luv, I had to book a trackday on my motorbike. I fly to Spain tonight
do you fancy a week with the kids at your mothers
Fine, until I get a suitable rate to compensate for the lack of hours, I’ll be obeying tacho regs, and nothing else. Looks like I’m in it for a fine sooner or later.
"Krankee:
No time to plan or book anywhere. Kids are in school taking exams. Missus has her holidays booked for a different period.
If this is guaranteed im all for it just imagine a week at home on yor own no kids and no wife for a full week YES !!! this should be made law as it is a guaranteed way for drivers to have a proper rest period, And gardening and decorating should be banned in that week too 
:):):):):):)…
joking apart, how can anyone be expected to take such a stupid law seriously. I’m going to carry on as normal and if they prosecute I’ll challenge it! How the hell can you be working if ypu are on holiday:!:
Bugsy:
joking apart, how can anyone be expected to take such a stupid law seriously. I’m going to carry on as normal and if they prosecute I’ll challenge it! How the hell can you be working if ypu are on holiday:!:
You get paid whilst your on holiday, right? Paid eight hours, work eight hours. Take the week without pay, take the hours off because your not actually earning. That’s how I look at it anyway and I’d sooner be paid for my time off thanks 
.
How about this week then?
I finished last friday at 1300 because I needed an long weekend to make up my tacho hours.
Monday was a bank holiday, I started 0600 on Tuesday.
Thursday was a bank holiday, I was parked in the pub for 32 hours.
How can the WTD work
Im paid Salary so this week I have worked 3.5 days and got paid for 6