DannyDoncaster:
but technically Friday did not have a DAILY REST because the WEEKLY REST period started
friday does have a daily rest…friday is exactly the same as any other day
so my weekly rest starts 24 hours after the start time of my last shift. or do you personally have 45 hours off from the end of your last shift and include you daily rest into your weekly rest. Also your saying if you only have 45 off at weekend you must have reduced your weekly rest because some of it was your daily rest from your last shift. ■■?
DannyDoncaster:
just wondered if this would be legal-
Mon 15 hour 9 off
Tue 15 hour 9 off
Wed 15 hour 9 off
Thur 13 hour 11 off
FRI 15 HOUR… but finished for the week so started my weekly rest. As the law says you are only allowed to reduce to 9 3 times a week but how does it stand with the Friday as i have not reduced my daily rest due to not having one and starting my weekly rest. Not done this ever as yet just something i always was curious about.
thanks Danny.
The FRI is still only 9 hours rest in 24 hours and the rules state that only a maximum of THREE reduced daily rests are allowed BETWEEN WEEKLY REST PERIODS
Anything outside the 24 hour period cannot count as daily rest for that period
The 9 hour reduced daily rest can be EXTENDED to make a weekly rest but cannot be extended to make a longer daily rest
If 24 hours was taken off after finishing work on friday when a 15 hour shift was done then the first 9 hours counts for both the reduced daily rest and the first 9 hours of the reduced weekly rest
skids:
I would say that it is legal ish,one of them grey areas that would need a test case. However…I would not want to do it and I would not want my planner to know that its legal (should that be the case).
I do know the law well and the reductions law is basic. it was just a theory i wanted to put out there, its sounds plausible on paper so wondered what other peoples opinions were. 10 years of driving and 2 infringements to my name didn’t want to make it 3. its always worth a second opinion. thanks for your help.
DannyDoncaster:
I agree with skids its one of them who’s going to test it. I Think its legal, its a nice to know get me home on a Friday thing.
It isn’t legal, it is illegal, you have to forget these 15 hour spreads. In any 24 hour period you need to fit in a complete rest period of 11 hours, this has already been reduced three times. You cannot reduce another daily rest period, there is no grey area and it is one of the simplest parts of the legislation to work out.
tango boy:
nope. cos you have used up your 3 15 all ready. sorry.
But where in the law does it say you can only do 3 15s?. The law says you can reduce to 9 hours rest 3 times between any 2 weekly rest periods. which on the example above is the case.
Fixed 24hr period and the fact you must have 11hrs in it. Say you start at 6am on Friday morning and finish at 9pm. From 00:00 to 06:00 is rest - 6hrs. 21:00 to 24:00 is rest - 3hrs. In the fixed 24hr period you have only had 9hrs rest and you have already used your three reduced daily rest periods.
DannyDoncaster:
I do know the law well and the reductions law is basic.
Apparently it would appear you don’t or you’d have never asked this question in the first place, let alone then go on and argue its right.
Must have just been lucky for 10 years! Not having a competition who knows most, was just a theoretical question which reads sort of plausible on paper, but when dissected is not. thanks for your input tho.
DannyDoncaster:
Must have just been lucky for 10 years! Not having a competition who knows most, was just a theoretical question which reads sort of plausible on paper, but when dissected is not. thanks for your input tho.
Using rules that are ten years out of date may be your first problem, reading Transport Friend as gospel maybe another.
Does this date stick in your memory for any reason?
DannyDoncaster:
just wondered if this would be legal-
Mon 15 hour 9 off
Tue 15 hour 9 off
Wed 15 hour 9 off
Thur 13 hour 11 off
FRI 15 HOUR… but finished for the week so started my weekly rest. As the law says you are only allowed to reduce to 9 3 times a week but how does it stand with the Friday as i have not reduced my daily rest due to not having one and starting my weekly rest. Not done this ever as yet just something i always was curious about.
thanks Danny.
You do have a daily rest period on the last shift before starting a weekly rest period, the daily rest period is extended into a weekly rest period, in other words the daily rest period is both a daily rest period and part of the weekly rest period.
The daily rest period cannot be extended into a weekly rest period until it’s finished therefore you definitely have a daily rest period on the Friday.
As others have said there would be 4 reduced daily rest periods in the example you’ve given which would not be legal.
Article 8 (EC) 561/2006
A daily rest period may be extended to make a regular
weekly rest period or a reduced weekly rest period.
DannyDoncaster:
Must have just been lucky for 10 years! Not having a competition who knows most, was just a theoretical question which reads sort of plausible on paper, but when dissected is not. thanks for your input tho.
Using rules that are ten years out of date may be your first problem, reading Transport Friend as gospel maybe another.
Does this date stick in your memory for any reason?
11th April 2007
On 11th April 2007 the EU Drivers’ Hours Regulation amendments came into force. like i have said previously it looked good on paper but now dissected its not.
commanrail,s right dude , you still have to have your friday rest , then start your weekly rest , aint rocket science ( no offence )
DannyDoncaster:
just wondered if this would be legal-
Mon 15 hour 9 off
Tue 15 hour 9 off
Wed 15 hour 9 off
Thur 13 hour 11 off
FRI 15 HOUR… but finished for the week so started my weekly rest. As the law says you are only allowed to reduce to 9 3 times a week but how does it stand with the Friday as i have not reduced my daily rest due to not having one and starting my weekly rest. Not done this ever as yet just something i always was curious about.
So agreeing this is illegal when does the weekend rest period start. I have always counted it starting from when I clock out on Friday, but using this reckoning it should start from the end of the 24 hour period. Or have I missed something as usual.
knight:
So agreeing this is illegal when does the weekend rest period start. I have always counted it starting from when I clock out on Friday, but using this reckoning it should start from the end of the 24 hour period. Or have I missed something as usual.
The daily rest period is extended into a weekly rest period so the weekly rest period starts when you finish work as does the daily rest period.
You have a daily rest period of say 11 hours completed within 24 hours from the start of the shift, then that becomes part of the weekly rest period, the 11 hours is both a daily rest period and part of the weekly rest period.
> jasper haywood: > commanrail,s right dude , you still have to have your friday rest , then start your weekly rest , aint rocket science ( no offence). No its not rocket science, and what you have just said is wrong… you dont have your friday daily rest then start your weekly rest, your friday daily is extended into your weekly rest, as posted above.
Not having a competition who knows most, was just a theoretical question which reads sort of plausible on paper, but when dissected is not. thanks for your input tho.
