Drivers hours

ASK THE EXPERTS SAFETY, LAW AND WORKING TIME DIRECTIVE FORUM (INTE
1

Just a quick one I hope.
Up until recently my job meant I never or rarely worked weekends so always got my 45 weekly rest break in, but a change in job has meant working weekends now.
So as I am now sometimes doing a 6 day week I am having to reduce my weekly rest period and either I am being given the wrong info or I am miss understanding the latest rules and was hoping some of you on here could help clarify for me going off the following senario.

56hr rest period. week 1: Work Sunday night, Monday Night, Tues night, Wed night, Thurs night, Fri night finishing at 0800 Sat morning, 6 shifts. Then take a 36hr rest period and start again at 20.00hrs on Sunday and again working nights Mon, Tues, Wed, Thurs, and Friday finishing again at 08.00 Saturday morning, again 6 shifts and now I take a min 45hrs weekly rest which will probably be more as I wont be in until 18.00hrs on the Monday and then working every night up to and including the Friday night then taking again a 36hr weekly rest.

Now the agency are saying I can’t work two consecutive 6 day/night shifts and I can only work 5 then 6 or 6 then 5. As I see it as long as I have taken at least a 45 weekly rest at the end of the second working week I am legal to do two 6 shifts on the trot. Can anyone please clarify if the above is legal or not ?

Thanks Paul

2

A quick read through this

businesslink.gov.uk/Transpor … hicles.pdf

3

Cheers Animal, I did look on there first but it doesn’t actually say how many days you can do on the trot with a reduced break, the agency say I can’t do 6 then 6 it must be 5 then 6 or 6 then 5 but I’m sure that I can and just want so clarification before I argue the toss with them.

4

The regulations say that you must have a regular 45 hour weekly rest period at least every second week, for most people this will mean that you can only work six shifts every other week.

I’m not entirely sure whether you are wanting to work two or three weeks doing six shifts.
You start week one on Sunday and work to Saturday Morning and then have a reduced weekly rest, this is fine as long as you had a 45 hour weekly rest the previous week which you did.

Week 2 you also work six shifts starting on Sunday and finishing on Saturday morning, now I’m not sure if you are having a 45 hour weekly rest or want to do another six shifts ?

If you are having a regular 45 hour weekly rest at the end of week 2 then you can do the two consecutive six shifts separated by a reduced weekly rest period of 36 hours, but you should now have a regular 45 hour weekly rest which must count for week 2.

The agency is wrong to say that you can only do alternative 5/6 day shifts but it is the way it would usually work out if done on a regular basis.

Also don’t forget that you will need to pay back the compensation for the reduced weekly rest period by the end of the third week following the week in which the reduced weekly rest is taken.

Paul:
week 1: Work Sunday night, Monday Night, Tues night, Wed night, Thurs night, Fri night finishing at 0800 Sat morning, 6 shifts. Then take a 36hr rest period and start again at 20.00hrs on Sunday and again working nights Mon, Tues, Wed, Thurs, and Friday finishing again at 08.00 Saturday morning, again 6 shifts and now I take a min 45hrs weekly rest

Sorry I can’t be more precise but it’s the bit in red I’m not sure about, do you mean that as the 6 shifts in week 2 as I suspect you do or do you mean another 6 shifts in week 3 with only a reduced weekly rest in-between weeks 2 and 3 ?

However you mean it you will need to have a regular 45 hour weekly rest at the end of week 2 :wink:

5

Thanks Tachograph.
Ive just done two 6 days shifts with a reduced break last weekend, I finished at 0800hrs this morning and not now in again until 18.00hrs monday, so yes Im having a 45 plus I should get the 9hrs back for last weeks reduced break.
The problem isnt that I’m wanting to have another reduced break this weekend and start again tomorrow, it was just when I phoned in my hours she said I had broken the law by doing two 6day shifts on the trot, I was damm sure I hadn’t but wanted to clarify before I give them a roasting.

Cheers

6

Paul:
…it was just when I phoned in my hours she said I had broken the law by doing two 6day shifts on the trot, I was damm sure I hadn’t but wanted to clarify before I give them a roasting

She needs a training session, maybe something like 7 hours of a DCPC course. :wink:

You could do 6 days between weekly rest periods continuously as long as you never have two consecutive weeks with just reduced weekly rests and any compensation for reductions is made within the time limit.

7

That’s what I thought you meant, you are right and your agency bod is wrong.

You will have a 45 hour weekly rest for this week so you’ve broken no laws and are legal :smiley: