As the driver enters straight into their weekly rest period after their 4th shift, and not a daily rest period, is it legal to exceed 13 hours in duty time in that 4th shift?
Don’t think that scenario is legal mate. Afaik you can only exceed (ignoring split breaks) 13 hours duty time a maximum of three times between two weekly breaks. Forget the reduced break in this instance and concentrate on the exceeding 13 hours duty time bit.
tommymanc:
Have you signed an opt out agreement to get out of the 11 hour night shift limit? I’m assuming you have, but you never know
Yes. I find those opt-outs are pointless. Every job I’ve had (always nights), the opt-out is a piece of paper in amongst a hundred other pieces of paper to be signed, and if I were to refuse to sign, I’d not get the job, simple as. That’s wrong in my opinion, but that’s reality.
its 10 hour working time for night workers not including poa or breaks
Night time is between midnight and 4am for goods vehicles and 1am and 5am for passenger vehicles.
If night work is performed, the daily working time should not exceed 10 hours in the 24 hour period in question.
If a mobile worker does any work during the night time period, he/she will be subject to the night work limit.
The night work limit can only be exceeded where this is permitted by a relevant agreement (see Section 7.1 - “relevant agreements”).
I’ve always had jobs that fall well below the thresholds, so I’m new to working on the boundaries of legality, ha ha.
By “duty” I assume you mean the spread-over from the start of the shift to the end of the shift, in which case yes that’s legal, but what you put in the first post isn’t legal unless you’ve had a split daily rest.
ezydriver:
As the driver enters straight into their weekly rest period after their 4th shift, and not a daily rest period, is it legal to exceed 13 hours in duty time in that 4th shift?
You still have to comply with the daily rest requirement on the last shift of the working week, the first 9/11 hours of rest are both a daily rest period and part of the weekly rest period.
tachograph:
You still have to comply with the daily rest requirement on the last shift of the working week, the first 9/11 hours of rest are both a daily rest period and part of the weekly rest period.
Cheers mate, this information helps clarify things. It’s crystal clear now.
tachograph:
You still have to comply with the daily rest requirement on the last shift of the working week, the first 9/11 hours of rest are both a daily rest period and part of the weekly rest period.
Cheers mate, this information helps clarify things. It’s crystal clear now.
Just to clarify, even on the last day of the working week the daily rest period has to be completed within the 24 hour period from the start of the shift.
I know that may seem a bit daft but it’s just the way it is
