It is not often I get stumped on a tacho law but this one had me rowing big time with the [zb] that was running the Office this week in the absence of the usual guy. We were a bit quiet this week so I had lots of ‘daily rests’ but the end of the week was illegal in my view.Opinions??
Sun: 0930 signon 1800 sign off
Mon: 1430 sign on 2400 sign off
Tues: 1130 sign on 1730 sign off
Wed: 1030 sign on 1730 sign off
Thurs: 0600 sign on 1845 sign off FRI: 1330 SIGN ON 0430 (Saturday Morning) SIGN OFF
Now my arguement was that I was working 7 days though it was only 6 cards … who was right? The usual rule in our place is ‘early start Sun’ is an early finish Friday. and late start is a late finish … which is more than likely why I was so peed off
When did you finish the previous week
The relevancy of that question is I’m sure a “week” according to tacho law is 00.00 Sun -23.59 Sun
So your week would have been
Mon -Fri
With Sundays work added to the previous weeks work as long as you had the required time off between finishing on the previous Friday & starting on Sunday that is how I think they may have calculated it
NSH is correct, working week is 0000 Monday to 2359 Sunday. Also driving is 6 driving periods in a working week no matter how many actual days. At least this is how I interpret it
westie:
NSH is correct, working week is 0000 Monday to 2359 Sunday. Also driving is 6 driving periods in a working week no matter how many actual days. At least this is how I interpret it
I had a good idea I was wrong but do like to be awkward with the guy sometimes… thanks, guys.
BTW, NSH, the 0930 start Sun was the start of my working week…sorry didn’t mention that
Liberace:
Can I just mention the phrase, “in the 24 hour period.”
You can, but the 6th days duty started at 13.30 thus under my interpritation of the rules that is when the 24 hour period started, although on this day his 24 hour period finished at 04.30 because he started weekly rest period, but otherwise, if it had been during the week it would have finished at 13.30.
.
You started your first shift of the week at 09:30 so had to start your weekly rest by 09:30 six days later. You have so you are legal. You can’t start work again before 16:30 today (Sunday) though, assuming that you at your home depot and willing to take a reduced weekly rest period.
wiretwister is correct, had you driven or worked until after 09.30 on saturday morning then you would have broken the law.
this being the weekly rest period.
as the minimum weekly rest period is 24 hours you can only work to within 24 hours of the time you started working.
the rest of your week is ok.
although you can use 6 cards in a week you must still allow for a weekly rest period in the same way that you calculate how long you can work in a day (15 hours 3 x a week), there is no definition that says you can work 15 hours but by the fact that you can reduce you daily rest to 9 hours means that you can only work for a maximum of 15 (unless a split rest is taken).
I’m confused here. Are we saying that once work commences following Weekly Rest then every 24 hour period following MUST commence at that identical time of day?
From GV262
Under EC/AETR rules ‘day’ are any periods of 24 hours beginning with the resumption of other work or driving after the last daily (or weekly) rest period.
The way I read that is…Commencing work after weekly rest on Sunday at 0930, 24 hours ends at 0930 Monday.
If work on Monday then commences at 1400, then the 24 hours ends at 1400 on Tuesday.
We seem to be suggesting that following resumption of work following Weekly Rest at 0930, then every following day must commence at 0930. I don’t see that in the regulations.
no krankee, i refer to the entire weeks duty spread over 6 cards and 6 days, if you start at 0600 on monday morning then your last shift must finish no later than 0600 on the following sunday, this gives you a 24 hour rest period (minimum requirement) in that week, it’s very possible when double manned to actually work into 8 days but it’s not legal as you have not had a weekly rest period during the 7 day period so even though you have not broken the law on your daily spread over or driving time you have not had a minimum weekly rest period within the 7 days and have thus broken the law.
This does not mean you have to work a week Mon - Sun
Your working week commences from the time you start after a weekly rest regardless what day it is.
If you start at 6:00am as Johnny says, then your daily rest period must be completed before 6:00 am the following day, BUT lets say you start monday at 6am and finish at 5pm then take a 9 hr reduction you are then legally able to commence work at 4am on the tuesday after the 9 hr rest reduction, but your daily rest at the end of your second shift must then be completed by 4am on wednesday.
6 Consecutive shifts can be worked which may spread over onto 7 days but it is legal.
A common complaint we get with new users of the Hour Guard is that they have worked a 13 1\2 hr shift and then took 11 hrs rest, but the timer removes a 9 hr rest reduction, they did not realise that the extra 1\2 hr in their shift was forcing them into a reduced rest period.
Davey Driver:
A common complaint we get with new users of the Hour Guard is that they have worked a 13 1\2 hr shift and then took 11 hrs rest, but the timer removes a 9 hr rest reduction, they did not realise that the extra 1\2 hr in their shift was forcing them into a reduced rest period.
Hope this helps
Ive got that with my job, the shift is 12 and a half hours, and with my 45 minutes it takes me over 11 hours by quarter of an hour, so im finishing 15 minutes early when I can.
