Hi,
Just a quick tacho question I drove last week for 43 hours monday to saturday, this week i have driven mon to friday a total of 40 hours. i’ve been asked to work tomorrow morning for approx 6 hours, will this be ok and legal so long as I take a full break of 45 hours off next week ■■
matt01:
Hi,Just a quick tacho question I drove last week for 43 hours monday to saturday, this week i have driven mon to friday a total of 40 hours. i’ve been asked to work tomorrow morning for approx 6 hours, will this be ok and legal so long as I take a full break of 45 hours off next week ■■
you have to take at least 45 off in 2 consecutive week period with this being you 2nd am sure you need to have 45 this weekend rog or coffeeholic will defo no the answer but i no alot of guys do evry other sat for this very same reason plus depends what time you finshed last shift
dft.gov.uk/vosa/repository/E … 0Hours.pdf
I think the real kicker is the “fixed week” so you have to take all your weekly rest before the end of the fixed week period, you can’t just go in later on monday. Blimey reading the blurb, i’m not even sure if that statement is correct. Gawd knows, just frizbee the charts (kidding) 
Silver_Surfer:
I think the real kicker is the “fixed week” so you have to take all your weekly rest before the end of the fixed week period, you can’t just go in later on monday.
Incorrect - there must be at least a 24 hour rest in (not within) every fixed week and a 45 rest in (not within) every other fixed week
matt01:
Just a quick tacho question I drove last week for 43 hours monday to saturday, this week i have driven mon to friday a total of 40 hours. i’ve been asked to work tomorrow morning for approx 6 hours, will this be ok and legal so long as I take a full break of 45 hours off next week ■■
Two seperate issues above
Lets do the easy driving time first (which has no bearing on weekly rest) - you are allowed a total of 90 driving hours in ANY two consecutive weeks (any fortnight) 43 last week then 46 this week is 89 so just leaves 1 hour spare
46 this week means a maximum of 44 driving hours next week.
Second issue - the weekly rest (which has no bearing on driving time)
How many hours did you have off last weekend ? - if less than 45 then you need 45 off this weekend
matt01:
I drove last week for 43 hours monday to saturday, this week i have driven mon to friday a total of 40 hours.
so thats 83 hours meaning you have 7 driving hours left
matt01:
i’ve been asked to work tomorrow morning for approx 6 hours, will this be ok and legal .
yes
matt01:
so long as I take a full break of 45 hours off next week ■■
you can only drive for 90 hours in any given fortnight, irrespective of weekly rest
Silver_Surfer:
I think the real kicker is the “fixed week” so you have to take all your weekly rest before the end of the fixed week period
if, for example your weekly rest starts on sunday and ends on monday, you can attach it to either week but not both
Silver_Surfer:
http://www.dft.gov.uk/vosa/repository/EC%20Drivers%20Hours.pdfI think the real kicker is the “fixed week” so you have to take all your weekly rest before the end of the fixed week period, you can’t just go in later on monday. Blimey reading the blurb, i’m not even sure if that statement is correct. Gawd knows, just frizbee the charts (kidding)
there is enough frizbee chucking going on!! and it starts to get expensive if your frizbee your digi card
last sat i drove until 1430 and was back in work on the Monday at 7am
Thanks for your help in advance !!
matt01:
last sat i drove until 1430 and was back in work on the Monday at 7am
That is a weekly reduced rest of 40.5 hours so if you start at 7am this coming monday then you must be finished by 10am this saturday so you can get in a 45 full weekly rest
ROG:
How many hours did you have off last weekend ? - if less than 45 then you need 45 off this weekend
all rest paid back up to this point
m work
t work
w work
t work
f rest
s rest
s rest
90 hour weekly rest
m rest
t work
w work
t work
f work
s work
s work
36 hour weekly rest
m rest
t work
w work
t work
f work
s work
s work
36 hour weekly rest
m rest
t work
w work
t work
f work
s rest
s rest
90 hour weekly rest
m rest
t rest
would you say this was illegal then?
chris:
would you say this was illegal then?
No for the following reason…
the weekly rests of 90+ hours can be used as two single 45 hour full weekly rests - one for the week previous and one for the forthcoming week.
chris:
all rest paid back up to this point
m+t+w+t work
f+s+s+m rest over 90 hour weekly rest so 45 + 45
t+w+t+f+s+s work
m rest 36 hour reduced weekly rest
t+w+t+f+s+s work
m rest 36 hour weekly rest - not needed for either week but just used to stop more than 6 days in a row ALSO pays back the 9 hours from the last reduced 36 hour weekly rest
t+w+t+f work
s+s+m+t rest over 90 hour weekly rest so 45 + 45
hope this colour coding helps to show which week each rest is in
ROG:
chris:
would you say this was illegal then?No for the following reason…
the weekly rests of 90+ hours can be used as two single 45 hour full weekly rests - one for the week previous and one for the forthcoming week.chris:
all rest paid back up to this point
m+t+w+t work
f+s+s+m rest over 90 hour weekly rest so 45 + 45
t+w+t+f+s+s work
m rest 36 hour reduced weekly rest
t+w+t+f+s+s work
m rest 36 hour weekly rest - not needed for either week but just used to stop more than 6 days in a row ALSO pays back the 9 hours from the last reduced 36 hour weekly rest
t+w+t+f work
s+s+m+t rest over 90 hour weekly rest so 45 + 45hope this colour coding helps to show which week each rest is in
yes so that shows that this 45 hour rule can be skewed to your advantage quite legally
Lets’ say he finishes at 11am this Saturday, can he then have 45 hours off and start work at 8am Monday or he is he illegal after 10am Saturday as he can’t fit 45 hours rest in the fixed week which ends at 7am Monday and he must take a 45 hour within the fixed week? 7am Monday to 7am the following Monday?
chris:
so that shows that this 45 hour rule can be skewed to your advantage quite legally
Providing you have a weekly rest in each week and at least every other one is a full one - yes
There is nothing in the regs that prevents a driver from using a weekly rest before the work is done providing that rest is IN that working week (mon 0000 to sun 2400) but be careful as one weekly rest cannot be used for two seperate weeks.
IN that working week (mon 0000 to sun 2400)
Means that as long as the weekly rest is at least 1 minute into that week then it can count for it
Silver_Surfer:
Lets’ say he finishes at 11am this Saturday, can he then have 45 hours off and start work at 8am Monday or he is he illegal after 10am Saturday as he can’t fit 45 hours rest in the fixed week which ends at 7am Monday and he must take a 45 hour within the fixed week? 7am Monday to 7am the following Monday?
you are slightly off track, the fixed week is mon 0000 to sun 2400 irrespective of start times, rotas and overtime
Silver_Surfer:
Lets’ say he finishes at 11am this Saturday, can he then have 45 hours off and start work at 8am Monday or he is he illegal after 10am Saturday as he can’t fit 45 hours rest in the fixed week which ends at 7am Monday and he must take a 45 hour within the fixed week? 7am Monday to 7am the following Monday?
The word WITHIN means it must be ‘contained’ inside a fixed period
The regulations use the word IN which means that as long as any part of the weekly rest is IN the fixed week then it is legal
- 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. However, the reduction shall be compensated by an equivalent period of rest taken en bloc before the end of the third week following the week in question.A weekly rest period shall start no later than at the end of six 24-hour periods from the end of the previous weekly rest period.
I think you may be getting mixed up with the DAILY rest requirements…
- Within each period of 24 hours after the end of the previous daily rest period or weekly rest period a driver shall have taken a new daily rest period.
Silver_Surfer:
http://www.dft.gov.uk/vosa/repository/EC%20Drivers%20Hours.pdfI think the real kicker is the “fixed week” so you have to take all your weekly rest before the end of the fixed week period, you can’t just go in later on monday.
That’s a popular misconception.
You can start later on the Monday because the weekly rest has to start the Weekly Rest period " . .no later than . . . "
ok everyone thanks for your help with that one - I worked yesterday morning until 12pm and am now taking a full 45 hr break before I start again on Monday.
Just out of interest if I worked monday to friday this week and for argument sake finished at 6pm on friday evening, if I was asked to work on Sunday at 6.30am until say 6.30pm on the same day, would I be ok to drive the following week Mon - fri if obviously I do not exceed the fortnightly 90hr rule ■■
Once again thanks to you all with your help on this matter.
matt01:
am now taking a full 45 hr break before I start again on Monday
matt01:
finished at 6pm on friday evening, if I was asked to work on Sunday at 6.30am until say 6.30pm on the same day, would I be ok to drive the following week Mon - fri
YES
The first quote states that you are having a full weekly rest this weekend so you can take a reduced weekly rest next weekend
Starting at 0630 on sunday means that you must start the next weekly rest (which must be a full 45) at or before 0630 the following saturday