Please don’t berate me for this post but genuinely baffled.
Got a tug by vosa and got a slapped wrist for some minor Tacho infringements relating to daily rest and his words were that I was pinching rest from the next 24 hour period. He tried to explain but it just seemed ridiculous and since then I just cannot get my head around the rules!
Obviously you need 11 hours rest but this can be reduced to 9, 3 x a week.
What’s baffling me is this 24 hour period stuff.
Today I put my card in at 04:25 and pulled it at 19:00. I would have normally decided to have 9 off and started tomorrow at 04:00. I am now confused thinking this is infringing on yesterday’s 24 hour so do I need to wait until 04:25?
This may all seem really basic but the pull by Vosa has got me rethinking everything.
My understanding has always been that, let’s say you start work at 6am and finish at say lunch, by having a daily rest of day either 9 or 11 means that you can restart work at either 9 pm or 11pm but now I’m thinking this is within the first 24 hour period so would be an infringement.Am I right or have I got it so wrong all these years.
After a weekly rest, say Monday after a weekend off, say you start at 04.25. That is the start of your 24hr period.
So by 04.25 Tuesday morning you must have had either a full daily rest if 11 hours or a reduced of less than 11 but more than 9.
So say you finish at 1900 Monday. A bare nine hours would take you to 0400 Tuesday so you could start then with no issues because you had at least nine hours off in the 24hr period.
Remember the EU rules don’t work in calendar days they work in 24hr periods. And you can only do 6 x 24hr periods (days) before needing another weekly rest which is familiar to us all but when you stop thinking in ‘days’ and start thinking in 24hr periods it makes more sense
Thanks guys, I felt really stupid posting this but the pull genuinely confused me. So to reiterate, having a daily rest period, be it 9 or 11 resets the start of the next 24 hour period this being the new start time.
What confuses some, is that the rest only counts in the 24 hour period from starting your duty ( ‘shift’ ‘day’ etc) If you start at 06.00, finish at 20.00, have 11 hours off, and start next morning at 07.00 you have had a reduced rest, even though you had 11 hours off.
It’s like having to compensate for having a reduced weekly rest period by adding hours to the next weekly rest period 3 weeks in the future. WHY !!! it’s nothing to do with being tired etc and increasing safety. It’s just nonsense.nonsense.nonsense.
Although I can’t see from your post where the infringement is, DVSA will have downloaded your card and used computer analysis to identify unlawful activity, and it is highly unlikely that their computer software is wrong.
The main error people make is doing over 13hrs shift, taking 11hrs off and thinking that they’ve taken a full daily rest when in fact it is counted as a reduced. A few drivers at my lads place think if they take 11hrs off after a 15hr day they’re not taking a reduced daily. 15+11=26 so as you can’t do a 15hr shift and take an 11hr break in a fixed 24hr period then it counts as a reduced. That might be what he meant by pinching rest from the following day.
Is this the mistake you’ve been making, working over 13hrs, taking 11 off and thinking you’ve had a full daily rest?
Conor:
The main error people make is doing over 13hrs shift, taking 11hrs off and thinking that they’ve taken a full daily rest when in fact it is counted as a reduced. A few drivers at my lads place think if they take 11hrs off after a 15hr day they’re not taking a reduced daily. 15+11=26 so as you can’t do a 15hr shift and take an 11hr break in a fixed 24hr period then it counts as a reduced. That might be what he meant by pinching rest from the following day.
Is this the mistake you’ve been making, working over 13hrs, taking 11 off and thinking you’ve had a full daily rest?
^^This!
Myself and two other guys had to stand there and explain this to the guy that was responsible for analysing our tacho’s at one place I worked! It wasn’t till one of the lads said “15 + 11 = 26 therefore can’t and wont fit into a 24hr period, 15 + 9 = 24 aka reduced daily rest, 13 + 11 = 24 aka standard daily rest” that he then finally got it… Turned out there was about a dozen drivers doing the 15 + 11 thing and no one in the office had picked up on it until that discussion.
Megaspacedout1:
Please don’t berate me for this post but genuinely baffled.
Got a tug by vosa and got a slapped wrist for some minor Tacho infringements relating to daily rest and his words were that I was pinching rest from the next 24 hour period. He tried to explain but it just seemed ridiculous and since then I just cannot get my head around the rules!
Obviously you need 11 hours rest but this can be reduced to 9, 3 x a week.
What’s baffling me is this 24 hour period stuff.
Today I put my card in at 04:25 and pulled it at 19:00. I would have normally decided to have 9 off and started tomorrow at 04:00. I am now confused thinking this is infringing on yesterday’s 24 hour so do I need to wait until 04:25?
This may all seem really basic but the pull by Vosa has got me rethinking everything.
My understanding has always been that, let’s say you start work at 6am and finish at say lunch, by having a daily rest of day either 9 or 11 means that you can restart work at either 9 pm or 11pm but now I’m thinking this is within the first 24 hour period so would be an infringement.Am I right or have I got it so wrong all these years.
Sensible answers please.
Start at 04.25 end at 19.00 ?
You ARE on a reduced rest whether you like it or not.
See Reef’s answer.
Megaspacedout1:
Please don’t berate me for this post but genuinely baffled.
Got a tug by vosa and got a slapped wrist for some minor Tacho infringements relating to daily rest and his words were that I was pinching rest from the next 24 hour period. He tried to explain but it just seemed ridiculous and since then I just cannot get my head around the rules!
Obviously you need 11 hours rest but this can be reduced to 9, 3 x a week.
What’s baffling me is this 24 hour period stuff.
Today I put my card in at 04:25 and pulled it at 19:00. I would have normally decided to have 9 off and started tomorrow at 04:00. I am now confused thinking this is infringing on yesterday’s 24 hour so do I need to wait until 04:25?
This may all seem really basic but the pull by Vosa has got me rethinking everything.
My understanding has always been that, let’s say you start work at 6am and finish at say lunch, by having a daily rest of day either 9 or 11 means that you can restart work at either 9 pm or 11pm but now I’m thinking this is within the first 24 hour period so would be an infringement.Am I right or have I got it so wrong all these years.
Sensible answers please.
Start at 04.25 end at 19.00 ?
You ARE on a reduced rest whether you like it or not.
See Reef’s answer.
Sent from my GT-S7275R using Tapatalk
It appears he already knows this. He just had a VOSA man taking complete bobbins which confused him.
Megaspacedout1:
Please don’t berate me for this post but genuinely baffled.
Got a tug by vosa and got a slapped wrist for some minor Tacho infringements relating to daily rest and his words were that I was pinching rest from the next 24 hour period. He tried to explain but it just seemed ridiculous and since then I just cannot get my head around the rules!
Obviously you need 11 hours rest but this can be reduced to 9, 3 x a week.
What’s baffling me is this 24 hour period stuff.
Today I put my card in at 04:25 and pulled it at 19:00. I would have normally decided to have 9 off and started tomorrow at 04:00. I am now confused thinking this is infringing on yesterday’s 24 hour so do I need to wait until 04:25?
This may all seem really basic but the pull by Vosa has got me rethinking everything.
My understanding has always been that, let’s say you start work at 6am and finish at say lunch, by having a daily rest of day either 9 or 11 means that you can restart work at either 9 pm or 11pm but now I’m thinking this is within the first 24 hour period so would be an infringement.Am I right or have I got it so wrong all these years.
Sensible answers please.
Start at 04.25 end at 19.00 ?
You ARE on a reduced rest whether you like it or not.
See Reef’s answer.
Sent from my GT-S7275R using Tapatalk
It appears he already knows this. He just had a VOSA man taking complete bobbins which confused him.
I was reading the OP where he says about choosing whether or not to have a 9 off. I took that to mean he Didn’t realise he was already on a reduced rest.
I don’t know what explanation the VOSA guy made, but it clearly didn’t work for the OP.
switchlogic:
He just had a VOSA man taking complete bobbins which confused him.
Highly unlikely. Maybe our friend here was a little confused…
Oh there is the odd one or two of them around, I’ve met at least two first hand including one who wasn’t sure wether I had 28 days to pay a fixed penalty because as he asked his colleague ‘is Wales in GB?’
Conor:
The main error people make is doing over 13hrs shift, taking 11hrs off and thinking that they’ve taken a full daily rest when in fact it is counted as a reduced.
The really scary thing is, I had a transport manager arguing this one and couldn’t seem to see it was a reduced rest. But yeah not all VOSA people are entirely clued up* and not all tacho software is right including Tachomaster sometimes.
As an example, had one who made me restrap my load to the hooks on the side of a flatbed instead of the body which actually made my journey unsafe after visiting them!
