I’ve recieved the following infringment notification and would appreciate some clarification on a couple of things. (Mon - Fri, no nights out).
1, End time 19:30 on Wednesday, Start time 0631 on Thursday, how is this 10:38 daily rest and not 11:01?
2, On Friday I got a warning 30mins from depot saying I needed to take 11 hour daily rest, i knew my drive time was only 8 hours and i was no where near 15 hours for the day. Obviously there was no safe place to stop so i carried on back to depot. How is the Friday into Saturday daily rest calculated? I was rest Saturday and Sunday so surely my daily rest would be more than 10:04?
First one of these emails i’ve had and the guy that sent it dosnt seem to have a clue how they are generated.
Thanks in advance if someone can explain this please.
You got this by email? This looks like Trutac/RHA software to me, did they send you the whole D14 by email? It’d be easier to see what the problem is with the whole thing to look at.
The person who sent it to you should be the TM or someone acting on his behalf who’d had some training, so you’re entitled to have it properly explained to you. Go back to them and tell them if they don’t understand what the issues are they should phone the software helpline - preferably while you’re right there with them.
Jibber:
1, End time 19:30 on Wednesday, Start time 0631 on Thursday, how is this 10:38 daily rest and not 11:01?
2, On Friday I got a warning 30mins from depot saying I needed to take 11 hour daily rest, i knew my drive time was only 8 hours and i was no where near 15 hours for the day. Obviously there was no safe place to stop so i carried on back to depot. How is the Friday into Saturday daily rest calculated? I was rest Saturday and Sunday so surely my daily rest would be more than 10:04?
First one of these emails i’ve had and the guy that sent it dosnt seem to have a clue how they are generated.
Thanks in advance if someone can explain this please.
You must have a regular 11 hour daily rest period within the period of 24 hours from the start of the shift, this can be reduced to no less than 9 hours 3 times between weekly rest periods.
Wednesday you started at 06:13 and finished at 19:30 that’s a total shift time of 13hr 17 min, that leaves a rest period of 10 hours 43 minutes in the 24 hour period.
You still need a daily rest period within the period of 24 hours from the start of the shift on the last working day even though you’re starting a weekly rest period.
edit: Just to say that if the office bod that sent you the email does not understand these very basic infringements he/she should not be in charge of sending out infringement notices, it’s their responsibility to educate you about what you’ve done wrong.
Would I be right in assuming that you work for a company who’s primary business is not transport ?
If duty time is over 13 hours (13.17 that day) then you cannot get 11 hours rest in a 24 period hence reduced daily rest
oops - just seen above has answered that
Out of curiosity, why is the system calculating daily rest using the period from End Time to Start Time on Monday, Tuesday, Thursday’s daily rest, but using 24 hours minus duty time for Wednesday and Friday night?
Goff118:
Out of curiosity, why is the system calculating daily rest using the period from End Time to Start Time on Monday, Tuesday, Thursday’s daily rest, but using 24 hours minus duty time for Wednesday and Friday night?
Because the start of Tuesdays shift was less than 24 hours from the start of Mondays shift and the start of Wednesdays shift was less than 24 hours from the start of Tuesdays shift.
Ignoring the calculation of split daily rest periods which complicates things a bit, there are 2 requirements for the length of a daily rest period that must be met:
The daily rest period must be 11 hours or more (this can be reduced to no less than 9 hours 3 times between weekly rest periods).
2 The daily rest period must be completed within a period of 24 hours from the start of the shift, any rest that falls outside of the 24 hour period will not count towards the daily rest period.
We’re talking here about daily rest for a single manned journey, when munlit-manning the daily rest period must be completed within a period of 30 hours.
Again ignoring split daily rest periods.
If the period from the start of the previous shift to the start of the current shift is 24 hours or less the system will only need to calculate how much rest was taken between shifts.
If the period from the start of the previous shift to the start of the current shift is more than 24 hours the system will calculate how much of the rest falls into the 24 hour period from the start of the shift.
tachograph:
The daily rest period must be completed within a period of 24 hours from the start of the shift, any rest that falls outside of the 24 hour period will not count towards the daily rest period.
That makes perfect sense. Thank you for clearing that up.
Bringing your start time forward like you did on Friday can end up tipping a rest into a reduced rest. That 33 minutes earlier that you came in was what ended up reducing the rest.
Thanks for the replies all. I’m sure if I read the replies a few more times it will sink in
tachograph:
edit: Just to say that if the office bod that sent you the email does not understand these very basic infringements he/she should not be in charge of sending out infringement notices, it’s their responsibility to educate you about what you’ve done wrong.
Would I be right in assuming that you work for a company who’s primary business is not transport ?
To be honest I’ve only been working with them 4 months (passed my Class 1 in January) and this is the first infrigement notice i’ve received. The guy I spoke with said they had RHA coming in to do some training next and he would find out and let me know. Curious to see if he actaully gets back to me or was just fobbing me off tbh.
To answer you question, yes it is a transport business, small-medium outfit, around 50-100 trucks I think (mostly internatioanl work). The guy running the depot is clued up and knows his stuff as for his minion who sent me this email, I’ve got no idea who or what his role is. Should have gone straight to the boss really, but I was trying to give him a break from my dumbass newbie questions (he gets alot )
)