9 OR 11 hours rest

who decides how long a break/ daily rest we take
is it me or the t/m
i always thought that a 9 was only with the drivers agreement am i wrong and do i have any legal argument under h/s
any thoughts

As far as I know there’s no definite answer to this, I would say it depends on you’re contract of employment or employment terms, current and previous work methods ec’t, but at the end of the day only the driver knows weather or not he/she feels safe and rested enough to drive, I would have thought that if a driver says he/she needs more rest then the employer would probably be on thin ice trying to force a reduced rest.
I would think it would also depend to some extent on location, it could be argued that if you’re sleeping in the cab you may need a shorter rest period than if you need to travel to and from work, so if you’re not on a night out I would have thought that H/S would definitely be you’re best friend.

Having said that I’ve never been told to have a reduced rest I’ve only ever been asked If I would mind so what do I know :wink:

The law says you are entitled to 11 hours off per day… :exclamation:

I think Tachograph has summed up the answer nicely.
There is nothing to stop the employer scheduling a reduced daily or weekly rest. Whether you actually do it or not is up to you. Nobody should drive any vehicle if they feel tired. Personally, I don’t like reduced rest being scheduled when they are taken ‘at base.’

Smee:
The law says you are entitled to 11 hours off per day… :exclamation:

Which law is that then? ?The WTD as it applies to us, mobile workers, makes the same allowances for daily rest as the Driver’s Hours Regulations do, so 9 hours is perfectly legal.

Coffeeholic:

Smee:
The law says you are entitled to 11 hours off per day… :exclamation:

Which law is that then? ?The WTD as it applies to us, mobile workers, makes the same allowances for daily rest as the Driver’s Hours Regulations do, so 9 hours is perfectly legal.

EC Directive 1998 and 2004… :wink:

Smee:

Coffeeholic:

Smee:
The law says you are entitled to 11 hours off per day… :exclamation:

Which law is that then? ?The WTD as it applies to us, mobile workers, makes the same allowances for daily rest as the Driver’s Hours Regulations do, so 9 hours is perfectly legal.

EC Directive 1998 and 2004… :wink:

Which don’t apply to mobile workers so there is no law saying we (mobile workers) must have11 hours rest per day, we can have 9 should we wish.

Just remember though.
If your day goes over 13hours,whatever length of break you have.It only counts as a 9 because of the 24hour clock.

Tony b

Hey, you decide!!!
Remember it is your license!
Keep a record, don’t forget for every 9 hour rest you do, you MUST repay by the following week.

shaun19613:
Keep a record, don’t forget for every 9 hour rest you do, you MUST repay by the following week.

Incorrect. Since the rule changes of April 11th there is no longer a requirement to compensate for reduced daily rest.

This has always been one of those “We can/You can’t” type questions.

For me now, at this stage of the game - I’ll decide when/where/if to do a 15 or a 13.

But . . . . . .

I thought I’d read recently in the new April (■■) rules that they’d actually written it as “drivers having the choice to reduce” ■■?

It’s something I’ve been meaning to go find and re-read.

dambuster:
I thought I’d read recently in the new April (■■) rules that they’d actually written it as “drivers having the choice to reduce” ■■?

It’s something I’ve been meaning to go find and re-read.

Here you go

dft.gov.uk/pgr/freight/road/ … 5612001164

Cheers Coffeedude

Nah - It must have been the bit about taking daily rest in the cab - Para 8 of Article 8.

Bluddy pdf won’t let me copy and paste :unamused:

Where the driver chooses to do this, daily rest periods and reduced weekly rest periods away from base may be taken in a vehicle, as long as blahblahblah

Although; the way it is written, it suggests (to me) that you couldn’t take a full weekly rest away from base, or a reduced weekly rest at base :open_mouth:

InterpretationInterpretationInterpretation :unamused:

Bluddy pdf won’t let me copy and paste

does pressing the control & letter c together on the keyboard do it?

dambuster:
Although; the way it is written, it suggests (to me) that you couldn’t take a full weekly rest away from base, or a reduced weekly rest at base :open_mouth:

Yep, that has been discussed on more than one occasion and could be interesting if put to the test. The way it is written the reduced at base is no problem as 8 , 6 says

  1. In any two consecutive weeks a driver shall take at least:
    – two regular weekly rest periods, or
    – one regular weekly rest period and one reduced weekly
    rest period of at least 24 hours.

No mention or restriction on where.

Taking a full weekly rest away from base in a vehicle might be due to 8, 8 only mentioning reduced weekly. Maybe the boss will have to pay for a hotel :wink: :smiley:

Coffeeholic:

dambuster:
Although; the way it is written, it suggests (to me) that you couldn’t take a full weekly rest away from base, or a reduced weekly rest at base :open_mouth:

Yep, that has been discussed on more than one occasion and could be interesting if put to the test. The way it is written the reduced at base is no problem as 8 , 6 says

  1. In any two consecutive weeks a driver shall take at least:
    – two regular weekly rest periods, or
    – one regular weekly rest period and one reduced weekly
    rest period of at least 24 hours. **

No mention or restriction on where.

Taking a full weekly rest away from base in a vehicle might be due to 8, 8 only mentioning reduced weekly. Maybe the boss will have to pay for a hotel :wink: :smiley:

**Copied and pasted from a PDF. :wink: :stuck_out_tongue: :stuck_out_tongue:

It does, but it will only paste into Word as a picture

In edit

Coffeeholic:
**Copied and pasted from a PDF. :wink: :stuck_out_tongue: :stuck_out_tongue:

Everyone love smart . . . . . . . . . . . .

:wink:

dambuster:
It does, but it will only paste into Word as a picture

i’m lost ask coffeeholic

9 off at home not me no never why the hell should i

with the change in law not requring reduced breaks to be compensated it is a health and saftey issue

so if you dont want to have 9 off dont

if you get flak just tell you made a h&s decision