i have been offered the chance of a friday afternoon/evening contract with a local company for the next couple of months. i am contemplating taking it but it depends where i stand from a legal point of view.
as some of you may or may not know i do agency work on a weekend (hours permitting) and also have a fulltime job in the navy. my hours for the navy are 0800-1200 then 1315 to 1530 mon-thursday (with the odd free day here and there if i need to have a break). sometimes i have to work friday mornings (0800-1200)( not every week but some weeks when they need cover in the office for leave)
if this job on a friday afternoon/evening started at 1500 and usually finished at approx 0100 how would i stand legally. on the saturday and sunday i would have my weekly rest (if i do this job i wont be doing other work over the weekend) from 0100 saturday to 0800 monday (55 hours if my maths is any good)
but my main concern is if i did have to work on the friday morning 0800-1200 (4 hours) and then start driving at 1500 (3 hours break between finishing and then starting again) would i be ok to work the next 10-11 hours (its usually ten but i like to try and allow an extra hour just in case something happens). i understand about split rests and such like but can anybody see any problem with me doing this because i dont know if i worked past 0100 would that take me over the 15 hours a day or do the 3 hours in between jobs sort of ‘reset’ the 15 hours?
I would have thought starting “other work” at 8am would mean you’d need to be finished by 11pm to comply with a reduced rest period of 9 hours for the 24hr period.
“A driver must take a daily rest period within each period of 24 hours after the end of the previous daily or weekly rest period.”
The 3 hours won’t reset the duty limit.
Regular daily rest = 11hr
Split daily rest = min 3hr + min 9hr
Reduced daily rest (if entitled) = 9hr
As you’re doing this one drive a week, it doesn’t matter if you chose option 2 or 3 as it works out the same.
You’ll have a problem if you have to work on Friday at 8am.
If you start work at 08:00 Friday, then have a 3 hour rest from 12:00 to 15:00, you would need to finish your driving job by 23:00, this would allow you to get the 9 hour rest period in by 08:00 Saturday.
Assuming that this is the only driving within scope of EU regulations that you do in the week, the split daily rest won’t really count for anything as you can reduce to 9 hours anyway.
tachograph:
If you start work at 08:00 Friday, then have a 3 hour rest from 12:00 to 15:00, you would need to finish your driving job by 23:00, this would allow you to get the 9 hour rest period in by 08:00 Saturday.
Assuming that this is the only driving within scope of EU regulations that you do in the week, the split daily rest won’t really count for anything as you can reduce to 9 hours anyway.
i wouldnt be starting work at 0800 on the saturday i would be off until 0800 on the monday so the 9 hours rest wouldnt really come into it, it is just the fact if i go over the 15 hours “shift” i take it i am illegal, even with the 3 hour break?
and yes this would be the only driving i would be doing in scope of eu regulations!
tachograph:
If you start work at 08:00 Friday, then have a 3 hour rest from 12:00 to 15:00, you would need to finish your driving job by 23:00, this would allow you to get the 9 hour rest period in by 08:00 Saturday.
Assuming that this is the only driving within scope of EU regulations that you do in the week, the split daily rest won’t really count for anything as you can reduce to 9 hours anyway.
i wouldnt be starting work at 0800 on the saturday i would be off until 0800 on the monday so the 9 hours rest wouldnt really come into it, it is just the fact if i go over the 15 hours “shift” i take it i am illegal, even with the 3 hour break?
and yes this would be the only driving i would be doing in scope of eu regulations!
There is no 15 maximum, the regulations say that you must have completed a daily rest or a reduced daily rest within 24 hours from the start of the days work, as your days work will begin at 08:00 Friday you would need to have completed a reduced daily rest of 9 hours by 08:00 Saturday.
People talk about a 15 hour spread-over because this is the maximum you could do and still complete a 9 hour rest within 24 hours from the start of the days work.
tachograph:
There is no 15 maximum, the regulations say that you must have completed a daily rest or a reduced daily rest within 24 hours from the start of the days work, as your days work will begin at 08:00 Friday you would need to have completed a reduced daily rest of 9 hours by 08:00 Saturday.
People talk about a 15 hour spread-over because this is the maximum you could do and still complete a 9 hour rest within 24 hours from the start of the days work.
I get you now!
macplaxton:
Giblsa:
i wouldnt be starting work at 0800 on the saturday i would be off until 0800 on the monday
Doesn’t make any difference to the fact that your 24hr period ends 0800 Sat.
Giblsa:
so the 9 hours rest wouldnt really come into it,
It would, as it has to be taken before the 0800 Sat, so you’d have to finish at 2300 Fri.
Giblsa:
it is just the fact if i go over the 15 hours “shift” i take it i am illegal, even with the 3 hour break?
No it would be illegal irrespective of the 3hr break because you cannot go below the 9hr daily rest.
i knew there was something that i wasn’t seeing right! thanks for that people, i had a feeling i would have been illegal if i had just accepted it there and then…
so if i could talk my boss into letting me start at 1000 or even 1100 it would be legal for me to do the driving job? because in theory 1100 would be the start of my 24 hour period, would it not?
Giblsa:
so if i could talk my boss into letting me start at 1000 or even 1100 it would be legal for me to do the driving job? because in theory 1100 would be the start of my 24 hour period, would it not?
Spot on m8, whatever time you start you need to have completed the reduced daily rest no later than 24 hours from the start of the days work time, so if you start at 10:00 you would need to be finished by 01:00, start at 11:00 and you need to be finished by 02:00.
it would be legal for me to do the driving job? because in theory 1100 would be the start of my 24 hour period, would it not?
