An idiots daily rest question

I have ended up with an infringement saying i only had 8h17 min rest between 1/11/22 and 2/11/22

shifts as follows

22/10/22 i finished fridays shift aprox 9.30 am then off that night
23/10/22 off
24/10/22 off
25/10/22 start 20:40 shift length 13h40
26/10/22 start 21:40 shift length 11h45
27/10/22 off
28/11/22 start 17h45 shift length 14h45
29/10/22 start 20:50 (bst) shift length 13
30/10/22 start 21:00 shift length 9 hours
31/10/22 start 20:50 shift length less than 12
1/11/22 off
2/11/22 start 17:50 finish 08:47 wed morning…

so by my reconing anything oweing before this (im 100% there wasnt) would of been paid back by the start of shift on the 25th as i had 83 hours off.

the night off on the 1st would of broken the 6 days and even if i finished at 8:50 am on the 1st i had 33 hours off before starting work on the 2nd.

cooper1203:
I have ended up with an infringement saying i only had 8h17 min rest between 1/11/22 and 3/11/22

1/11/22 off
2/11/22 start 17:50 finish 08:47 wed morning…

so by my reconing anything oweing before this (im 100% there wasnt) would of been paid back by the start of shift on the 25th as i had 83 hours off.

the night off on the 1st would of broken the 6 days and even if i finished at 8:50 am on the 1st i had 33 hours off before starting work on the 2nd.

Is this about WEEKLY or DAILY rest :question:

No payback needed in law for reduced daily rest
1750 to 0847 = 14 hrs 57 mins so is a reduced daily rest

I cannot see where they got 8h 17m from :confused:

Somewhere on the sheet you are asked to sign it probably says
“These in fringements have been pointed out, and explained to me.”

If they are not explained, such that you understand them, don`t sign.

OK, the person that asks you to sign is likely an office walla who knows nowt, but if it isn`t explained, make a note by your signature: “Cooper…infringements not understood.”
See if anyone actually cares enough to check.

ROG:
[
1750 to 0847 = 14 hrs 57 mins so is a reduced daily rest

no, it’s just shy of a 15 hour shift

I cannot see where they got 8h 17m from :confused:

Because coop has not stated when he started work on the 3rd yet.

infringment says…

“insufficient daily rest in the shift starting 17:50 on the 2/11/22 the longest period of applicable rest was 8 hours 17 minuettes”

my argument is that i finished before 08:50 on the 1st but even if i didnt i had 33 hours rest for my daily or even weekly rest (reduced) so why does it say i only had 8h17. for that to be true i would of had to work tues night and finish at 09:33 wednesday morn which i didnt as i had the dentist tuesday afternoon and had booked tues night off as i was supposed to be haveing teeth out.

Franglais:
Somewhere on the sheet you are asked to sign it probably says
“These in fringements have been pointed out, and explained to me.”

If they are not explained, such that you understand them, don`t sign.

OK, the person that asks you to sign is likely an office walla who knows nowt, but if it isn`t explained, make a note by your signature: “Cooper…infringements not understood.”
See if anyone actually cares enough to check.

i havent signed anything yet my office have sent me this as a heads up kinda thing i have yet todo a print out and sign the piece of paper.

stu675:

ROG:
[
1750 to 0847 = 14 hrs 57 mins so is a reduced daily rest

no, it’s just shy of a 15 hour shift

I cannot see where they got 8h 17m from :confused:

Because coop has not stated when he started work on the 3rd yet.

anything over a 13 hour shift automaticly is a reduced rest as the 24 hour clock starts from the begining of the shift.

cooper1203:
infringment says…

“insufficient daily rest in the shift starting 17:50 on the 2/11/22 the longest period of applicable rest was 8 hours 17 minuettes”

my argument is that i finished before 08:50 on the 1st but even if i didnt i had 33 hours rest for my daily or even weekly rest (reduced) so why does it say i only had 8h17. for that to be true i would of had to work tues night and finish at 09:33 wednesday morn which i didnt as i had the dentist tuesday afternoon and had booked tues night off as i was supposed to be haveing teeth out.

Was this the day you removed the card part way into your rest? Maybe a manual entry mistake when you next put your card in, rest from ■■.xxhrs and you hit yes so only showing from them not the 3/4hr earlier when you started you rest.

pig pen:

cooper1203:
infringment says…

“insufficient daily rest in the shift starting 17:50 on the 2/11/22 the longest period of applicable rest was 8 hours 17 minuettes”

my argument is that i finished before 08:50 on the 1st but even if i didnt i had 33 hours rest for my daily or even weekly rest (reduced) so why does it say i only had 8h17. for that to be true i would of had to work tues night and finish at 09:33 wednesday morn which i didnt as i had the dentist tuesday afternoon and had booked tues night off as i was supposed to be haveing teeth out.

Was this the day you removed the card part way into your rest? Maybe a manual entry mistake when you next put your card in, rest from ■■.xxhrs and you hit yes so only showing from them not the 3/4hr earlier when you started you rest.

no…

the 17:50 was the start of that shift. the way i read the infringment they are saying i didnt have enough daily rest leading upto that shift

Did you do a manual entry when you started shift on the 2nd? Very easy to make an incorrect entry if not concentrating. That’s the only way I can see they get the 8hr 17min. If all else fails refuse to sign it until they show you where they got it from and the tacho records for that day. At the end of the day it’s your licence so they should show you if asked if not to learn from your own mistakes

Did you maybe leave card in while on day off and somebody maybe moved your truck onto a loading bay or something you wasn’t aware of?

2/11/22 start 17:50 finish 08:47 wed morning…

Wednesday was the 2nd Nov, so can I assume you worked from 17:50 Weds 2nd and finished 08:47 Thursday morning?

Irrespective of day and date, how much “work” and how much “break” did you do respectively in that shift? It’s a night shift because it covers midnight to 4am, so you’re limited to 10 hours work unless the company has a collective or workforce agreement to opt out if it. Has the existence of an opt-out been discussed with you?

edd1974:
Did you maybe leave card in while on day off and somebody maybe moved your truck onto a loading bay or something you wasn’t aware of?

nope i always take the card out at the end of the shift so someone else can use the unit.

Zac_A:

2/11/22 start 17:50 finish 08:47 wed morning…

Wednesday was the 2nd Nov, so can I assume you worked from 17:50 Weds 2nd and finished 08:47 Thursday morning?

Irrespective of day and date, how much “work” and how much “break” did you do respectively in that shift? It’s a night shift because it covers midnight to 4am, so you’re limited to 10 hours work unless the company has a collective or workforce agreement to opt out if it. Has the existence of an opt-out been discussed with you?

im begining to confuse myself here so not sure who your quote was.

im am reading the infringment was generated because according to the software i didnt have enough daily rest before starting the shift on wednesday evening at 17:50. I dont see how this can be as i have said above and even if i managed to mess up the manual entry i made at the start of the shift on wednesday evening i dont see what i could possibly of done to get the times to match what they are saying.

for them to match i would of had to get both the date and time i finished my previouse shift wrong. However i havent got an infringement saying i worked too long on the previous shift.

stu675:

ROG:
1750 to 0847 = 14 hrs 57 mins so is a reduced daily rest

no, it’s just shy of a 15 hour shift

It’s over 13hrs duty time so it’s a reduced daily rest. Even if you take 11hrs off it’s a reduced daily rest because you can’t fit more than 13hrs duty and 11hrs rest in a 24hr period.

Conor:

stu675:

ROG:
1750 to 0847 = 14 hrs 57 mins so is a reduced daily rest

no, it’s just shy of a 15 hour shift

It’s over 13hrs duty time so it’s a reduced daily rest. Even if you take 11hrs off it’s a reduced daily rest because you can’t fit more than 13hrs duty and 11hrs rest in a 24hr period.

Reading it the first time I thought ROG appeared to think it was rest starting at 1750 when it was actually work. I don’t think that’s the case now.

sorry for the delay with the print outs but this is a weird one i have clearly had enough rest on both days so why the hell it should generate an infringment for not enough daily rest (8h17 continual rest) is beyond me

1/11/22

2/11/22

3/11/22

to my calculations i had 33hours 20 min rest between the end of my shift morning of the 1st and start of the next shift on the 2nd. I also had 9 hours 7 min rest between the end of my shift ending on the morning of the 3rd and starting again in the evening.

regardless of that none of these add up in anyway to me only haveing 8 hours 17 rest

I can see a daily rest of 8h 23m on 3rd November?

From the readout you left your card in on rest at 07:57 for 44m of break, then took your card out and added in 8h 23m of rest until 17:56 where you put your card in for another three minutes break before switching it to other work at 17:59.

Collectively that’s 9h 10m, but its been broken twice. That maybe it?

toonsy:
I can see a daily rest of 8h 23m on 3rd November?

From the readout you left your card in on rest at 07:57 for 44m of break, then took your card out and added in 8h 23m of rest until 17:56 where you put your card in for another three minutes break before switching it to other work at 17:59.

Collectively that’s 9h 10m, but its been broken twice. That maybe it?

it might be however i sure the infingement said 8h17 and i was careful to check the tacho display on the dash and the unit and both said over 9h.

thing is none of these issues show up on the card reader when i download my card at the end of the shift. There are only 2 on there both of which i agree with.

You seem to have ejected on break and reinserted and added some more break.

Perhaps the tachograph software considers ejecting as work so the break needs to be one solid total of break.

The 8h17m is probably achieved by subtracting off any break taken after 17.50, because that was your start time the previous day. So 8h23m minus any time after 17.50 (six minutes).

Essentially either leave your card in or eject for the whole daily rest maybe.

Edit: I do agree that you have taken enough rest/break, 9h01m within 24 hours of when you last started a shift.