So i think i posted this here a while back but i cant remember what the out come was so…
my question is if you for example have 2 weeks off during the 26week, do they class this as time off working time? or do they have to add that 2 weeks on at the end of the 26week period ■■ if so then my boss seems to think that holidays is classed as rest so would knock your time below the 48hour.
thanks again and sorry if it was here i posted this before.
So that you cannot reduce your averages by taking annual leave the RT(WTD)R deems a full week holiday as 48 hours or if less than a full week, each day is 8 hours.
does that answer your question ?
EDIT - this refers only to 4 weeks of the 5.6 weeks of annual leave - see posts below
thats the one rog thank you very much once again… now they will listen to me, i tryed looking on mr vosa website but couldnt see it 
Trucker beads:
thats the one rog thank you very much once again… now they will listen to me, i tryed looking on mr vosa website but couldnt see it
It’s not on the VOSA site but they do refer to it.
Here is the link
Statutory annual leave entitlement provided by regulation 13 of the 1998 Regulations, sick leave, maternity, paternity, adoption or parental leave cannot be used to bring down the average weekly working time. Employers must enter 48 hours for each week and 8 hours for each day of such leave. If using the rolling reference period, such leave can be offset using the method used under the 1998 Regulations (see Annex E for details).
Before you go and tell your boss how wrong he is it should be noted that it’s only 4 weeks of the statutory holiday entitlement that can’t be used to reduce the weekly average and not the full 5.6 weeks holiday that we’re now entitled to.
tachograph:
Before you go and tell your boss how wrong he is it should be noted that it’s only 4 weeks of the statutory holiday entitlement that can’t be used to reduce the weekly average and not the full 5.6 weeks holiday that we’re now entitled to.
Q: Can I use annual leave and sick leave to reduce my average working time?
A: When calculating average working time during a fixed reference period under the Regulations, mobile workers are required to include notional “working time” figures for any statutory annual leave under regulation 13 of the 1998 Regulations sick leave, maternity, paternity, adoption or parental leave that they take. These notional figures are 8 hours per day and 48 hours per week. This means that such leave cannot be used to offset hours actually worked.
I’m struggling to find the 4 weeks only bit…
Note to self - must look harder…
AH-HA - found it 
2.4 Annual Leave
Mobile workers subject to the Regulations are entitled to 4.8 weeks’ paid statutory annual leave under the 1998 Regulations (unless they do not meet the definition of “worker” under those Regulations). The statutory entitlement will rise to 5.6 weeks on 1 April 2009, subject to a maximum of 28 days.Four weeks of this statutory annual leave entitlement stems from the European Working Time Directive 2003/88/EC and is provided for by Regulation 13 of the 1998 Regulations. This leave must be treated as ‘neutral’ (i.e. treated as working time) for the purpose of calculating weekly working hours.
The additional 0.8 week’s statutory annual leave entitlement (1.6 weeks from 1 April 2009) is a domestic requirement provided for by regulation 13 A of the 1998 Regulations and does not have to be considered as ‘neutral’. This additional leave can be recorded as non-working time when calculating weekly working hours. This is similar to how contractual leave in excess of the statutory minimum can be treated.
That’s right, only 4 weeks statutory holiday was given in regulation 13 of the working time regulations 1998 the rest is purely UK domestic statutory holiday and isn’t mentioned in the 2005 working time regulations calculation for what’s counted as working time for the reference period 
Here’s a question…
MUST the FIRST 4 weeks be treated as working time or ANY 4 weeks from the 5.6 weeks annual leave 
So the amount of working time that must be recorded when a mobile worker takes a day’s leave depends on the type of leave being taken: if a mobile worker were to take a day’s leave that was part of:
the 4 weeks statutory annual leave provided by regulation 13 of the 1998 Regulations, then 8 hours working time would have to be recorded;
the additional 0.8 weeks statutory annual leave provided by regulation 13 A of the 1998 Regulations, then zero hours working time would have to be recorded;
additional contractual leave in excess of the 4.8 weeks statutory annual leave entitlement, then zero hours working time would need to be recorded.
Does not SEEM to say that it must be done in any particular order so, in effect, the extra 1.6 weeks could be used to reduce the average in a reference period… or have I got that wrong ■■?
ROG:
Here’s a question…
MUST the FIRST 4 weeks be treated as working time or ANY 4 weeks from the 5.6 weeks annual leave
Any 4 weeks can be treated as the working time and that should be decided between the employer and the driver as long as the 4 weeks are allocated during the leave year.
Also it should be said that an employer can agree to count all holiday as working time, I guess this would need to be a part of the contract of employment.
If one of the four weeks falls when there is five weeks in the month or it is a leap year do you go back then start the count from when there is only four full weeks in the month, also will fox hunting or fishing count as eight hours.If you can not find anyone to go on holiday with will that count as eight hours per day,the other thing is when you have lost work to keep within you fourty eight hours so can not afford a holiday you go down the pub for a session ,your mate pulls out a commercial motor then start to debait an artical on driver hours will that then have to count as work,…what a joke dont know how they get away with it poa,s dont make me laugh