waynedance:
daily rest.
must have 11 consecutive hours, can have 9hrs on 3 days but need to compenstate for the reduction by the end of the following week.
and says instead you can take 12hrs in 2 or 3 periods.
what does this mean?
In each period of 24 hours you must have a daily rest period of 11 continuous hours, the 24 hour period begins when you start work after a daily or weekly rest period. For example you start work at 06:00 on Monday and this mean that by 06:00 Tuesday you must have had 11 hours rest. You can see that to fit 11 hours in before 06:00 Tuesday you must work no later than 19:00 Monday - 19:00 to 06:00 = 11 hours. You can also see from this example it means you need to start your daily rest no later than 13 hours after beginning work
If you do finish work more than 13 hours after starting, even by just one minute, you have reduced your daily rest and this can only be done on three occasions in a week. You can reduce the rest period down to 9 hours. Given the example above you can work until 21:00 on Monday - 21:00 to 06:00 = 9 hours. You don’t have to reduce to 9, it could be 10 or 9:45 or anything between 11 and 9. If you do take less than 11 hours though, then it counts as one of your three available reductions, even if you take 10:59 rest.
Any reduction must be paid back (compensated for) by the end of the next week and you do this by adding it to another daily, or to a weekly, rest period. In simple terms this mean that if you had reduced to 9 hours you would need to take one daily rest of 13 hours before the end of the next week. You can pay reduced daily rest back in 1 hour segments though, so you could take two daily rests of 12 hours each before the end of the next week.
The week is fixed and runs from 00:00 Monday until 00:00 Sunday so any reductions in the first period from Monday to Sunday inclusive must be paid back before the end of the next Sunday.
If you work less than the 13 hours after starting work you can take any break you like between 11 and 9 hours and the new 24 hour period mentioned above will begin again when you finish the daily rest. For example, begin work at 06:00, finish at 16:00 and take an 11 hour rest means your new day can start at 03:00 and you begin calculating a new 24 hour period. If you finished at 16:00 and did’t start again until say 06:00 this would be a 14 hour rest period and the extra hours could be used as compensation if required.
You need to note that if you worked as in the example above from 06:00 - 21:00 Monday, then didn’t start work until 08:00 Tuesday this would not be an 11 hour break, even though you have taken 11 hours rest. This is because in the period from 06:00 Monday to 06:00 Tuesday you only had 9 hours rest - from 21:00 Monday until 06:00 Tuesday. The other 2 hours from 06:00 to 08:00 Tuesday aren’t totally wasted though as they can be used as compensation. Many drivers fall foul of this one, thinking that because they had 11 hours rest they haven’t reduced a daily rest period, when in fact they have.
Clear so far? Good, because now it gets a little more complicated.
The 12 hour rest period it mentions allows you to take a rest, in one or two shorter segments during the day and a longer period at the end of the day. The segments during the day must be at least an hour and the final period at the end of the day must be at least 8 hours- The total of the two or three rest periods must be at least 12 hours. Again using the times above, if you had taken a rest period of 4 hours during the day (in one or two segments) you would only need 8 hours before 06:00 on Tuesday, meaning you could work as late as 22:00 - 22:00 to 06:00 = 8 hours. You could, for example, take 3 hours during the day and 9 at night, 2 hours during the day and 10 at night or 2.5 hours during the day and 10.5 at night. This type of rest - Split Rest - doesn’t count as reduced rest in the same way as the 9 hour rest does for the simple reason that you aren’t reducing your rest, you are increasing it to 12 hours, so there is no requirement to pay back hours as with the 9 hour reductions.
waynedance:
can someone explain in simple terms the weekly rest periods?
says 45hrs, but can reduce to 36hrs, and 24hrs if taken elsewhere.
if you take a reduced rest you must make up for it by taking an equal period of rest added to a weekly or daily rest period. this must be taken in one continuous period before the end of the third week following the week in question.
Much the same as the daily rest. After six daily driving periods a weekly rest of 45 hours is required, however you can, under normal circumstances, reduce this down to as little as 36 hours. Any reduction below the 45 hours must be repaid but the rules here are slightly different to those for daily rest. Reduction in weekly rest must be paid back in one lump and can be attached to a daily or weekly rest period. This pay back, or compensation, must take place before the end of the third week following the reduction - if you reduce the weekly rest in week 1 then it must be paid back before the end of week 4, which is the third week following the reduction. Many people get confused here and think it needs repaying by the end of week 3 because they miss the fact it is the end of the third week following the reduction.
For example if in week one you reduced your weekly rest to 36 hours you would need to have added the 9 hours you reduced by to a daily or weekly rest period before the end of week two. In simple terms this would mean a daily rest of 20 hours - 11 hour daily rest + 9 hours compensation - or a weekly rest of 54 - 45 hour weekly rest + 9 hours compensation.
You can also repay it by adding it to a reduced daily or weekly rest then paying that reduction back later, or to the last segment of a split rest period, but that is a little more complicated.
The 24 hour weekly rest mentioned is for when the driver is away from base, for example when they have done six daily driving periods and haven’t got home but need to take a weekly rest, more common for those drivers doing continental work than just UK but either can be effected. The 21 hour reduction needs to be paid back in the same way as the 9 hours in a reduction to a 36 hour weekly rest period are.
Incidentally the ‘base’ referred to is either the vehicle base or drivers home. Not taking the truck back to base and parking round the corner from your house while you go home for the weekend doesn’t count and you couldn’t reduce the weekly rest to less than 36 hours in those circumstances. Another common misconception.
Hope that helps a little.