For example:
M 0500-1900
Tu 0400-1800
W 0500-1700
Th 0300-1700
F 0400-1800
S 0600-1000
Is this Legal?
Reason i am asking is that someone said that any day where you work 13 hrs or more, the daily rest between that day and the next will only count as a 9 even if you have 12…
Not legal, you can reduce your daily rest three times between weekly rest periods and the important thing to remember is the rest must be taken within the 24-hour period which started when you resumed work after your last rest period. You need 11 hours rest in the 24-hour period which means you can only work 13 hours - 13+11=24. You can reduce to a minimum of 9 hours in the 24-hour period which leaves 15 hours for your shift - 9+15=24.
I have had this discussion many times with drivers who could not get their head around the rest being in the 24-hour period thing, even though they would never dream of working more than 15 hours. Asked why they wouldn’t work say 16 hours they all correctly said because you need 9 hours rest. So, they can accept the 9 and 15 must fit in the 24-hour period but have difficulty in realising the 11 and 13 must also be in the 24-hour period. If you work even one minute more than 13 hours you have taken a reduced rest period, regardless of how long it actually is before your next shift starts. 13:01 + 11 = 24:01. Anytime you add your shift length and your rest period together and the answer is more than 24 that is as much a reduction as when you take less than 11 hours between shifts.
In your example you have a reduced rest each day Monday to Friday, 5 reductions when only 3 are allowed.
Monday - 14 hours worked then 9 hours rest = reduction
Tuesday - 14 hours worked then 11 hours rest but only 10 hours rest in 24-hour period between 04:00 Tuesday and 04:00 Wednesday = reduction, 14+11=25
Wednesday - 12 hours worked then 10 hours rest = reduction
Thursday - 14 hours worked then 11 hours rest but only 10 hours rest in 24-hour period between 03:00 Thursday and 03:00 Friday = reduction, 14+11=25.
Friday - 14 hours worked then 12 hours rest but only 10 hours rest in 24-hour period between 04:00 Friday and 04:00 Saturday = reduction, 14+12=26
Many drivers who don’t understand this part of the regulations often get an infringement for insufficient daily rest on the last day of their working week. They have used all their allowed reductions earlier in their week, for example on Monday, Tuesday and Wednesday, but then on the Friday they work a shift of say 14 hours thinking it is okay because they are starting a weekly rest period when they finish. This is another reduction because although they are commencing a weekly rest you extend a daily rest into a weekly rest period and the 24-hour rule applies as much to the last day of their working week as to any other day.
DonutUK:
For example:M 0500-1900
Tu 0400-1800
W 0500-1700
Th 0300-1700
F 0400-1800
S 0600-1000Is this Legal?
Reason i am asking is that someone said that any day where you work 13 hrs or more, the daily rest between that day and the next will only count as a 9 even if you have 12…
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.
M 0500-1900
Tu 0400-1800
W 0500-1700
Th 0300-1700
F 0400-1800
S 0600-1000
A simple sum to demonstrate this, 14 + 11 = ? or 13 + 11 =?
■■■■■,
It looks this is what happened in this case
viewtopic.php?f=2&t=56867
I think it happens quite often, certainly at work it was commonly assumed that if you took 11+ hrs after shift then it was ok, that driving hours were the important issue providing you gat at least 11 hours after.
In the event that the reductions are ‘used up’ and you overrun then wht action should you take, even when having long rest period (11+) after shift?
woodlands:
In the event that the reductions are ‘used up’ and you overrun then wht action should you take, even when having long rest period (11+) after shift?
If you have used all your allowed reductions and then, because of unforeseen circumstances, you exceed 13 hours for your shift you still take 11 hours minimum and write and explanation on your chart or a printout, using Article 12 from the regulations. Article 12 aloows you to depart, among other things, from the requirement that the rest must be within the 24-hour period due to unforseen circumstances.
Thanks for the replies…
I was struggling with this…i had it in my head that as long as you had 11+ hrs rest that was ok…now i have my head around the 24 hr period aspect.