Have I messed up (part 2)!

[postie]

Hi again!!!

Thanks to all of you who replied to my earlier post…these RTD/ Driving Hours laws are a real minefield.

I am honestly still not sure whether I have been legal or not over the last couple of weeks and I now have to go to a fact finding meeting with the head of transport to discuss the matter before punishment (if due!!) is decided upon.

I want to go into this meeting either armed with enough information to explain to him why I believe I was driving legally or if enough experts on here feel I was in the wrong just hold my hands up and take whats coming…I may well lose a days pay and have it on my record for 5 years.

So to clarify exactly what I have worked since Monday 26th May here goes. I must also stress that the hours are duty hours which include meal reliefs and other work periods. At no time have I driven for more than 7 hours in a shift.

Mon 26th May ________________Rest Day

Tue 27th May ________________Non Stat Leave

Wed 28th May _______________Non Stat Leave

Thur 29th May _______________Non Stat Leave

Fri 30th May ________________Non Stat Leave

Sat 31st May ________________Rest Day

Sun 1st June ________________0535 - 1335 ( 33 hrs 53 mins off )

Mon 2nd June _______________2328 - 0658

Tue 3rd June _______________2328 - 0658

Wed 4th June _______________2328 - 0658

Thur 5th June _______________2328 - 0658

Fri 6th June _______________2328 - 0658

Sat 7th June _________________2025 - 0725

Sun 8th June _________________Rest Day

Mon 9th June _________________1824 - 0422

Tue 10th June ________________Non Stat Leave

Wed 11th June _______________Non Stat Leave

Thur 12th June _______________1824 - 0352

Fri 13th June ________________1824-0352

Sat 14th June ________________1700-0324

Sun 15th June _______________Rest Day

Mon 16th June _______________1541-0320

I appreciate the time and trouble you have to take to look at this for me. I am also concerned that if I am legal then what sort of muppets are in charge of my transport office!?

Thanks Andy

[coffeeholic]

Based on the information given 100% legal with no outstanding requirements regarding compensation for reduced weekly rest periods. The only issue of legality would be if you have accumulated more than 4.5 hours driving without the require 45 minutes of break, or if you took split breaks in the wrong order. That cannot be seen from the information given here, it would need a breakdown of each working day to work that out.

Breaking it down and counting week ending 1st June as Week 1

Week 1

Regular Weekly Rest Period from Monday to Saturday.

1 shift.

Reduced Weekly Rest Period from 13:35 Sunday - 23:28 Monday (33 hours 53 minutes) This rest does not require compensation as you have already had a Regular Weekly Rest Period this week and this rest only serves to prevent you working more than 6x24 hour periods without a weekly rest.

Week 2

6 shifts Monday evening - Sunday morning.

Reduced Weekly Rest Period (34 hours and 59 minutes) from 07:25 Sunday - 18:24 Monday. This rest period will require 10 hours 1 minute compensation, added to another rest period of at least 9 hours, before the end of Week 5.

Week 3

1 shift Monday

Regular Weekly Rest Period from 04:22 Tuesday - 18:24 Thursday (62 hours 2 minutes) This takes care of the compensation required for last weeks Reduced Weekly Rest Period - 45 hour Regular Weekly Rest Period + 10 hours 1 minute compensation = 58 hours and 1 minute.

3 shifts Thursday evening - Sunday morning.

Reduced Weekly Rest Period from 03:24 Sunday - 15:41 Monday (36 hours 17 minutes) This rest does not require compensation as you have already had a Regular Weekly Rest Period this week.

Week 4

You can now work right through to your Saturday evening - Sunday morning shift at which point you can take either a Regular or Reduced Weekly Rest Period. If you take a reduced it will require compensating for before the end of Week 7.

You have complied with the regulations on weekly rest as in any two consecutive weeks you have taken at least one Regular and one Reduced Weekly Rest Period

Week 1 Regular Weekly Rest

Week 2 Reduced Weekly Rest

Week 3 Regular Weekly Rest

Week 4 You have the option of a Reduced Weekly Rest as a Regular Weekly Rest was taken last week.

You also haven’t even come close to contravening the WTD weekly limits in this period.

Unless there is an issue with exceeding 4.5 hours driving, or 6 hours work with insufficient break, I do not see on what grounds you are facing disciplinary action.

Hope that helps.