Is this example Legal or illegal?

If illegal, why?

Legal(this is based on us having 3 drivers dong this very thing this week)

Cheers that’s what I thought too, although there was one driver I met at an RDC who warned me otherwise… :question: but I could barely understand what he was saying at the time tbh… :neutral_face:

Btw… Would any compensation be required in the following weeks or would you be ok as it is?

I don’t think compensation would be required as the second 24hr should cover it, depending on shift times.

On re-reading this im not so sure its legal.

The law states a 45h break then a minimum 24h then another 45h break. My understanding is the break has to be taken en-bloc, and a break must be taken after 6 consecutive days.

So 45hrs off, work 5, have 24off, work 5 have 24 off, work 5 have 45 off. By my reckoning he is breaking the law because his 3rd break should be a minimum of 45h…

In the 17 day working period shown above between 45hr breaks he only has 2 x 24h break… My underastanding is that is illegal

I could of course be totally wrong…

I’d say illegal, because in the process of giving back the excess in week three, you’d need a 45+21 hour weekly rest to compensate for the two 24 hour ones in the middle, which leaves you 21 hours short. Having 2x24 hour ones in the same week doesn’t count (the second one), the same as pulling a tacho out in hour 10 at midnight, and putting in another one for another 10 hours for “day 2” which is actually the same continuing shift.

Don’t tell me this doesn’t happen! :stuck_out_tongue:

45-24-24-66 is the pattern I suggest is correct, if counting from day 1 to day 21.

COOKiEEES!!:
Cheers that’s what I thought too, although there was one driver I met at an RDC who warned me otherwise… :question: but I could barely understand what he was saying at the time tbh… :neutral_face:

Btw… Would any compensation be required in the following weeks or would you be ok as it is?

Its legal, but would need 21 hrs comp rest before end of week 6 (i think). Thats because both the 24’s are weekly rests to keep you with in the 6 work periods, so the 2nd one can’t be a compensation.

COOKiEEES!!:

If illegal, why?

That is legal. provided you do not more than 144 hours before or after the rest period

3rd weekly rest needs to be a 45 and you will also have to compensate for the 2nd weekly rest. Illegal.

:laughing:

44 Tonne Ton:
3rd weekly rest needs to be a 45 and you will also have to compensate for the 2nd weekly rest. Illegal.

Nope, its fully legal.

Taken fromhttp://www.dft.gov.uk/vosa/repository/Rules%20on%20Drivers%20Hours%20and%20Tachographs%20-%20Goods%20Vehicles%20in%20GB%20and%20Europe.pdf
In any two consecutive ‘fixed’ weeks a driver must take at least:
two regular weekly rests; or
one regular weekly rest and one reduced weekly rest.
[/code]

so its all ok as he had 45 in week 1, 24 in week 2 and 45 in week 3. The 2nd 24 in week 2 doesn’t really count in the above calculation, but does to ensure he doesn’t work more than 6 consecutive shifts

Why are Hours and Tacho Regs so confusing? Every time I see a question asked on here, everyone has a different opinion on what is legal or not. I believe the problem is, that there is just too many rules to comprehend on the subject. Maybe the DCPC will help, but I think simplifying the rules would be of more benefit to everyone.

COOKiEEES!!:

If illegal, why?

Completely legal.

The regulations require a minimum of one full and one reduced weekly rest in any two consecutive weeks and that meets that requirement. There is nothing in the regulations to prevent you having two consecutive reduced weekly rest periods, you don’t need to always do 45-24-45-24, and in the example as posted the second 24 only serves to prevent the driver doing more than 144 hours between rest periods and as it is surplus to the minimum rest requirements needs no compensation.

One of those 24 hour rest periods will require compensation before the end of week 5, the requirement is for compensation to be completed before the end of the third week following the reduction and the third week following week 2 is week 5. There is no reason, from the information as shown, for the week 3 rest period to be any longer than 45 hours. You could make the compensation for the week 2 reduction in week 3 but it would be 2 weeks earlier than the limit for compensation the regulations lay down.

damoq:
Why are Hours and Tacho Regs so confusing?

They aren’t. They are only confusing for -

  1. People who can’t read.

B. People who can read but don’t read all of the regulations or add stuff in which isn’t there.

iii. People who don’t bother to read the regulations and just go by the ■■■■■■■■ they hear in RDC’s or read on here.

  1. All of the above.

:wink:

Coffeeholic:

damoq:
Why are Hours and Tacho Regs so confusing?

They aren’t. They are only confusing for -

  1. People who can’t read.

B. People who can read but don’t read all of the regulations or add stuff in which isn’t there.

iii. People who don’t bother to read the regulations and just go by the ■■■■■■■■ they hear in RDC’s or read on here.

  1. All of the above.

:wink:

Why don’t you eff off back to wherever you just sprang from? All you have to do to summon the “Great One” is spout some bollox about drivers hours… :laughing:

Edit to add Welcome back!

Coffeeholic:

damoq:
Why are Hours and Tacho Regs so confusing?

They aren’t. They are only confusing for -

  1. People who can’t read.

B. People who can read but don’t read all of the regulations or add stuff in which isn’t there.

iii. People who don’t bother to read the regulations and just go by the ■■■■■■■■ they hear in RDC’s or read on here.

  1. All of the above.

:wink:

I think I fall into another category. One who just get easily confused.com! :smiley:

damoq:

Coffeeholic:

damoq:
Why are Hours and Tacho Regs so confusing?

They aren’t. They are only confusing for -

  1. People who can’t read.

B. People who can read but don’t read all of the regulations or add stuff in which isn’t there.

iii. People who don’t bother to read the regulations and just go by the ■■■■■■■■ they hear in RDC’s or read on here.

  1. All of the above.

:wink:

I think I fall into another category. One who just get easily confused.com! :smiley:

Im that also + B.

Sent from my iPad but adjusted even more to ■■■■ winseer off.

COOKiEEES!!:

If illegal, why?

There’s an example almost exactly the same ■■■ that on page 23 here

Coffeeholic:

damoq:
Why are Hours and Tacho Regs so confusing?

They aren’t. They are only confusing for -

  1. People who can’t read.

B. People who can read but don’t read all of the regulations or add stuff in which isn’t there.

iii. People who don’t bother to read the regulations and just go by the ■■■■■■■■ they hear in RDC’s or read on here.

  1. All of the above.

:wink:

Let me rephrase the question then: Why there is so much to read on them? :slight_smile:

Ok, legal or not, why would any driver want to work like that, unless of course your doing international.
does any one work like this doing UK only?