Hi guys, i have just been given five weeks notice along with the two other drivers i work with from my employer, along with a few other things that we arent happy about theres one mager issue that might scuppa the new working pattern or atleast give us more time,that is,the employer hasnt built in any time for our 45 hour weekly rest, ive read the rules in the vosa booklet i have and i think i have a valid point to throw at the employer. can you experts have a look and help out,
employee sunday monday tues wednesday thursday friday sat
1 21.30-0630 2130-0630 off 21.30-0630 2130 -0630 2130-0630 off
2 2130-0630 2130-0630 2130-0630 off 2130-0630 2130-0630 off
3 2130-0630 2130-0630 2130-0630 2130-0630 off 2130-0630 off
i must point out we work perminant night shift always two of us on the truck at any one time. im thinking of jacking in but i want to see where this goes first 
There only 9 hour shifts as well, if your double manned its easy life surely
heliguy10:
well thats come out crap, ill see what i can do
robthedog:
Perfectly legal splitting weekly rest you don’t have a leg to stand on.
Not every week it isn’t. Every other week must have a full weekly rest of a continuous unbroken 45hrs. The most there is in this shift pattern is 42.5hrs.
robthedog…someone else in dire need of doing the DCPC module on BASIC drivers hours.
If you say so I bow to your superior knowledge. NOT.
Conor:
robthedog:
Perfectly legal splitting weekly rest you don’t have a leg to stand on.Not every week it isn’t. Every other week must have a full weekly rest of a continuous unbroken 45hrs. The most there is in this shift pattern is 42.5hrs.
robthedog…someone else in dire need of doing the DCPC module on BASIC drivers hours.
im thinking the 45hrs break should be in block form, its not going to make much difference to the out come but the new pattern weve lost out five days off as well, 
If I remember correctly from the dcpc you must have at least on continuous 45hr rest period evry 2-3 weeks, this shift pattern does not allow for that.
Then again as I only work a saturday once in a blue moon I could well be wrong.
dowahdiddyman:
If I remember correctly from the dcpc you must have at least on continuous 45hr rest period evry 2-3 weeks, this shift pattern does not allow for that.
Then again as I only work a saturday once in a blue moon I could well be wrong.
You do remember correctly it’s 45 hours unbroken rest every other week. Anything less then that has to be compensated by the end of the 3rd week so some weekends you might need more than 45 hrs off.
robthedog:
Perfectly legal splitting weekly rest you don’t have a leg to stand on.
Nonsense. 
If any of those 3 shifts patterns are done every week then its illegal for the company to plan them that way and for any driver to do them
Suggest company planner reads up on the law
thank you for all the feed back on this, im now up to my neck in reg,s… Rog, can you explain a bit more about your last reply.
this is the weekly pattern that will be pushed onto us
You must take an unbroken weekly rest of 45 hours every other week. This can not be altered, changed or deviated from.
You can reduce your weekly rest from 45 hours to 24 hours or any length in between every other week but this must be compensated for it paid back as it were by the end of the 3rd week.
So that shift pattern as shown is illegal as you wouldn’t get 45 hours weekly rest in.
If you all started at midnight on Sunday it would be cool though…
Silver_Surfer:
You must take an unbroken weekly rest of 45 hours every other week. This can not be altered, changed or deviated from.You can reduce your weekly rest from 45 hours to 24 hours or any length in between every other week but this must be compensated for it paid back as it were by the end of the 3rd week.
So that shift pattern as shown is illegal as you wouldn’t get 45 hours weekly rest in.
End of the 3rd week FOLLOWING the reduction, so by the end of the 4th week.
heliguy10:
Rog, can you explain a bit more about your last reply.
this is the weekly pattern that will be pushed onto us
Others have already given the answer … there must be a full unbroken 45 hours rest at least in every other week … its said in a different way in the regs
The longest possible unbroken rest in those 3 shift patterns is only 42.5 hours so falls short every other week by 2.5 hours
If using common sense and not the law then there would not be a problem because a rest of 42.5 plus another of 39 hours is plenty of rest for a driver but unfortunately we have to go by the law
Assuming that you’re working to EU regulations, as you already know the sequence of reduced weekly rest periods shown in the photo are illegal.
The EU regulations require you to have a regular weekly rest period of 45 consecutive hours at-least every second week (Article 4 - (EC) 561/2006 and Article 8 - (EC) 561/2006).
Article 8.6 says:
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.
Article 4 describes a reduced weekly rest period as:
‘reduced weekly rest period’ means any period of
rest of less than 45 hours, which may, subject to the
conditions laid down in Article 8(6), be shortened
to a minimum of 24 consecutive hours;
All the individual weekly rest periods shown in the photo are more than 24 hours but less than 45 hours, therefore they are all reduced weekly rest periods, and there is not a regular weekly rest period as required by article 8.6 to be taken at-least every second week.
Page 22 - Rules on Drivers’ Hours and Tachographs (Goods vehicles in GB and Europe)
had our first metting regarding the changes, aired all our question, manger looked a bit worried, then told him basicaly the new pattern isnt legal explained about the short full in rest hours, now looks confused, i have a question that some one will beable to answer, now that we are in our third week of the original 28 days notice and it looks as if the company will have to come up with a legal shift pattern will we have a new 28 day notice or does the original just roll over 
If they have to deviate from the original pattern that has been determined illegal to run then the notice period of 28 days should reset I believe.
I thought 90 days notice was required for changes to contracts etc?
A question.
How the ■■■■ can a company be so incompetent as to plan a whole new working pattern…that’s illegal. 
It’s not only drivers that need training is it? Despite presumably having the relevant CPC etc, they still make a complete ■■■■■■■■ of it.
Says a lot for the standard of training…