dieseldave:
Ahh, so in the OP’s case, does this mean that the extension being discussed would be treated as the first of two allowable extensions in the second fixed-week?
Yep, and not just in the OP’s case. The same thing applies to anyone who drives for more than 10 hours in a shift which begins Sunday evening and ends Monday morning. The extension will take place after 00:00 Monday and therefore will count for the new fixed week.
LIGHT BULB !!
The ACT of starting the EXTENSION and NOT the FACT that the complete 10 hours are in the fixed week is the key
I know you said this but I’ve now pondered upon it for a while and it’s now sunk in.
Just for clarity are we all agreeing that the 10 hour driving day would count for the week in which the tenth hour of driving began ?
That’s the way I see it but I was sort of expecting some disagreement on this 
tachograph:
Just for clarity are we all agreeing that the 10 hour driving day would count for the week in which the tenth hour of driving began ?
Yep, that is when he makes use of the option to extend the driving day.
tachograph:
That’s the way I see it but I was sort of expecting some disagreement on this
Well ROG tried but failed by coming up with some nonsense about it not counting in any week, I think it was just going to float in a parallel dimension. However Del has been dangerously quiet so far so who knows what tomorrow will bring. 
Thanks once again for everyone’s help and input on this subject,much appreciated.
Coffeeholic:
However Del has been dangerously quiet so far so who knows what tomorrow will bring.
i had my say above but after reading the regs there is nowhere in there to say when a day starts or ends its a 24 hour period, so there no need for two many pages of my input on this on this
i would like to ask one thing though can that 10 hour day be counted in either day or does it have to be counted in the day the 10 hour is in 
I:E Monday
delboytwo:
i would like to ask one thing though can that 10 hour day be counted in either day or does it have to be counted in the day the 10 hour is in
You don’t count driving time as being in a calendar day, why does it matter what day you counted it as? I don’t see your thinking here. You just have a daily driving limit, which is the amount of driving accumulated between the end of one rest period and the beginning of another, and although the regulations call it daily driving limit it could all take place at night.
Deleted as the question has already been answered.
Coffeeholic:
I don’t see your thinking here.
what i am asking is which day would that ten hour drive be when would it be counted
lets say you do nights Monday to Friday start at 6 pm Finish at 6 am when would the ten hour drive be if say you did one on Tuesday into Wednesday would it be Wednesday as it was in Wednesday or Tuesday cos your driving period started in Tuesday i know that it would not matter as long as he only does two that week
but lets say
driver works a 5 night week and starts Thursday night finish is week on Tuesday at 6am
in the above shift the driver can do 4 10 hour drives on the condition that he as the 10 hour drives available
which day would you count the 10 hour drive in the day the driver starts on the day the 10th hour was in
The general consensus is that the 10 hour driving day is the one in which the 10th hour of driving is started.
delboytwo:
Coffeeholic:
I don’t see your thinking here.what i am asking is which day would that ten hour drive be when would it be counted
And what I’m saying is it doesn’t matter, you don’t have to count ‘10 hour drives’ to any particular calendar day.
delboytwo:
lets say you do nights Monday to Friday start at 6 pm Finish at 6 am when would the ten hour drive be if say you did one on Tuesday into Wednesday would it be Wednesday as it was in Wednesday or Tuesday cos your driving period started in Tuesday i know that it would not matter as long as he only does two that week
Have you even read the thread, that is what the whole thread has been about and it has been answered. You are not counting 10 hour days, the amount of hours driven is only relevant to your weekly and fortnightly totals. You are counting the number of times you extend your driving day between 00:00 Monday and 24:00 Sunday.
delboytwo:
but lets say
driver works a 5 night week and starts Thursday night finish is week on Tuesday at 6amin the above shift the driver can do 3 10 hour drives on the condition that he as the 10 hour drives available
which day would you count the 10 hour drive in the day the driver starts on the day the 10th hour was in
He could extend his driving days 4 times during that shift pattern, as long as he hadn’t driven for more than 9 hours in any shift in the week prior to Thursday and provided two were before 24:00 Sunday and two after.
Don’t think in terms of 10 hour days think in terms of extending the driving day, after all 9 hours 1 minute is an extended driving day but it isn’t a 10 hour day, and when the extension is made is the week it counts in.
ROG:
The general consensus is that the 10 hour driving day is the one in which the 10th hour of driving is started.
That’ not the consensus, there doesn’t need to be a consensus on which day is counted as a 10 hour day. Firstly the amount of hours is irrelevant other than for weekly/fortnightly totals and secondly because you count extended driving days to weeks not days,
The consensus is that the extended driving day will count for the week in which the extension took place, forget this 10 hour day thing and you will be less confused.
ok mate
i put a this way can you count the extra time in either week if it started in week one and went to week two
lets say you start work Monday in week 1 and finish Friday in week 1 and did not use any of you 10 hour drives and you started Sunday at say 6 pm of week 1 and did a 10 hour drive which finished in week 2
could you count it in week one or week two the new week your now in
in other words which week does it have to be counted 
delboytwo:
ok mate
i put a this way can you count the extra time in either week if it started in week one and went to week twolets say you start work Monday in week 1 and finish Friday in week 1 and did not use any of you 10 hour drives and you started Sunday at say 6 pm of week 1 and did a 10 hour drive which finished in week 2
could you count it in week one or week two the new week your now in
in other words which week does it have to be counted
That would be week 2 as the bit of driving that goes passed the 9 hours driving point was STARTED in week 2
ROG:
That would be week 2 as the bit of driving that goes passed the 9 hours driving point was STARTED in week 2
Thanks Rog
i was just helping out tachograph as he wanted other’s opinions
so in fact drivers that do tramping and say start Sunday could work till 00.01 and not realise that there may have used one of the 10 hour drives for that week
delboytwo:
ok mate
i put a this way can you count the extra time in either week if it started in week one and went to week two
You aren’t counting the extra time, you have extended your driving day one of the two allowed times per week. This is where the confusion is arising because people are talking in terms of time or hours when it is simply a question of extending the driving day or not. You are making the same mistake ROG was and thinking in 10 hour days.
delboytwo:
lets say you start work Monday in week 1 and finish Friday in week 1 and did not use any of you 10 hour drives and you started Sunday at say 6 pm of week 1 and did a 10 hour drive which finished in week 2could you count it in week one or week two the new week your now in
in other words which week does it have to be counted
I really don’t think you have read this thread if you are still asking that.
Ask yourself when would the driver in this scenario extend his driving day? Before 24:00 Sunday and still in week 1 or after 00:00 Monday and therefore in week 2? The earliest he could possibly extend it from starting at 18:00 Sunday would be 04:30 Monday - 4.5 hours driving, 45-minute break, 4.5 hours driving, 45-minute break, and with other things such as checks, fuelling, loading/unloading or coupling and dropping trailers it would realistically be later than that.
Coffeeholic:
I really don’t think you have read this thread if you are still asking that.
did you see my post on this
delboytwo:
i was just helping out tachograph as he wanted other’s opinions
delboytwo:
Coffeeholic:
I really don’t think you have read this thread if you are still asking that.did you see my post on this
delboytwo:
i was just helping out tachograph as he wanted other’s opinions
I did but tacho was answering you when he said that and said he wanted others opinions, you aint others.
Coffeeholic:
you aint others.
OK mate point taken what i will do is register with some new user names that will help then you have othersis that ok
I remember a conversation like this 20 years ago when it was still legal to do do 16 hour spreadovers
You could take 4 + 8 but not 8 + 4 as rest but trying to convince a driver that there was a difference was like plaiting fog 