Hypothetically. Start at midnight. Drive 4.5 hours, 45 min break recommmence driving at 0515.
Drive 4.5 hours until 0945. Break until 1030. 9 hours driving so far… drive 1 hour until 1130 then park up until 2030. 10 hour drive done.
New shift starts at 2030, drive 4.5 hours, therefore by midnight, 13.5 hours driving has been done in 24 hours. Our tachomaster software shows an infringement. I say this is legal. Who is right■■?
I say a full or reduced daily rest resets drive time, am I right?
Anything over 13 hours counts as a reduced daily rest so depends on how many times you have reduced as to whether an infringement has occurred. At least that how I understand it.
How old is the software?
Several years back it was interpreted that only 10hr driving was possible in a rolling 24hr period, so what you describe would then have been illegal.
Now, as you say, a daily rest resets the driving, so no problems in what you’ve described.
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driving period’ means the accumulated driving time from when a driver commences driving following a rest period or a break until he takes a rest period or a break. The driving period may be continuous or broken.
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driving time resets after a daily or weekly rest period so in your scenario it is 100% legal for EU regs
UK domestic regs restricts driving in any 24 hour period to 10 hours
Potential WTD infringement for Night time working.
Night time is between midnight and 4am for goods vehicles and 1am and 5am for passenger vehicles.
If night work is performed, the daily working time should not exceed 10 hours in any 24 hour period.
If a mobile worker does any work during the night time period, s/he will be subject to the night work limit.
The night work limit can only be exceeded where this is permitted by a relevant agreement (section 7.1).
Source https://www.tachomagic.com/section4.php?easy=off
Note the last line - Do you have any sort of local agreement in place?
Franglais:
How old is the software?
Several years back it was interpreted that only 10hr driving was possible in a rolling 24hr period, so what you describe would then have been illegal.
Now, as you say, a daily rest resets the driving, so no problems in what you’ve described.Sent from my SM-G361F using Tapatalk
Several years back? 20 years ago I would do similar (not midnight starts mind) running from Cornwall to the north of Scotland, traffic/ mood/ fuse depending I’d normally get to Carlisle or Happenden in 10 hours (made it to Hamilton once), have a 9 then carry on to Aberdeen/ Inverness (wherever I was going) and never picked up an infringement for exceeding 10 hours driving in a 24 hour period.
Who actually checks on and enforces WTD - especially the night rule 
Good point Rog. We have a collective opt out agreement in place any way
The daily driving period is the accumulated driving time between daily rest periods or between a weekly rest period and a daily rest period.
As has been said check how many reduced daily rest periods have been taken.
Alternatively, if the software is calculating daily driving time over a 24 hour period it may be set to UK domestic regulations.
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Vid:
Franglais:
How old is the software?
Several years back it was interpreted that only 10hr driving was possible in a rolling 24hr period, so what you describe would then have been illegal.
Now, as you say, a daily rest resets the driving, so no problems in what you’ve described.Sent from my SM-G361F using Tapatalk
Several years back? 20 years ago I would do similar (not midnight starts mind) running from Cornwall to the north of Scotland, traffic/ mood/ fuse depending I’d normally get to Carlisle or Happenden in 10 hours (made it to Hamilton once), have a 9 then carry on to Aberdeen/ Inverness (wherever I was going) and never picked up an infringement for exceeding 10 hours driving in a 24 hour period.
I too, did it many times. Doesn’t make it legal though!
Mostly no problems, but did have to pay up once. That would have been in the '90’s.
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ROG:
Who actually checks on and enforces WTD - especially the night rule
OP just wants to know if it’s legal. AFAIK the answer is no, but I’m looking at different regs to everyone else.
Enforcement? That would be the ministry, or whatever they have decided to call themselves this week.
Incidentally, Tachomaster software (which is rubbish btw, as I found it only updates dutry totals once per week in my experience) should say on the printout for an infringement just what rules/regs have been infringed, be it drivers hours or WTD
No authority enforces or has sanctions for WTD breaches it in the UK
ROG:
No authority enforces or has sanctions for WTD breaches it in the UK
We’ve been told by our TM (who does know what he’s talking about) that whilst you are correct about the enforcement, nevertheless DVLA do keep an eye on WTD infringements and persistent breaches may persuade them to look closer at other aspects of the operation.
It would appear at first looking that WTD enforcement might come under the authority of the HSE.
Came as a surprise to me. 