start 00.00
30 mins checks papaerwork work etc
leave 00.30
drive 4.5 hours dead, arrive at destination 5.00.
30 mins tip, (we can dream!) then 1 hr break, brings to 6.30
drive back to depot 4.5 hours brings to 11.00
then 30 mins paperwork etc, finish shift at 11.30, 9 hours driving done, 1.5 hours other work 1 hour braek
total 11.5 hrs shift 10.5 hours wrk, forget the 10 hour night rule we have opted out.
9 hours off after 11.30 then back in at 20.30, for the next shift
30 mins vehicle checks, start driving 21.00, for 4.5 hours.
So by 00.00you have done 3 hours driving, which when addedd to your previous shifts 9 = 12 hours in a 24 hour period, even though you have had nine off
start 00.00
30 mins checks papaerwork work etc
leave 00.30
drive 4.5 hours dead, arrive at destination 5.00.
30 mins tip, (we can dream!) then 1 hr break, brings to 6.30
drive back to depot 4.5 hours brings to 11.00
then 30 mins paperwork etc, finish shift at 11.30, 9 hours driving done, 1.5 hours other work 1 hour braek
total 11.5 hrs shift 10.5 hours wrk, forget the 10 hour night rule we have opted out.
9 hours off after 11.30 then back in at 20.30, for the next shift
30 mins vehicle checks, start driving 21.00, for 4.5 hours.
So by 00.00you have done 3 hours driving, which when addedd to your previous shifts 9 = 12 hours in a 24 hour period, even though you have had nine off
i say legal company say not, whose right?
Regards the driving in 24 hours, you wiped the slate clean with a daily rest. Is it getting confused with rest in a 24 hour period?
9 hours off after 11.30 then back in at 20.30, for the next shift
30 mins vehicle checks, start driving 21.00, for 4.5 hours.
So by 00.00you have done 3 hours driving, which when addedd to your previous shifts 9 = 12 hours in a 24 hour period, even though you have had nine off
daily driving time is counted between the end of a daily/weekly rest period and the start of the next daily/weekly rest period
it is not counted in a 24 hour period
drive 4.5 hours dead, arrive at destination 5.00.
30 mins tip, (we can dream!) then 1 hr break
after driving for no more than 4.5 hours, you must immediately take a break
start 00.00
30 mins checks papaerwork work etc
leave 00.30
drive 4.5 hours dead, arrive at destination 5.00.
30 mins tip, (we can dream!) then 1 hr break, brings to 6.30
drive back to depot 4.5 hours brings to 11.00
then 30 mins paperwork etc, finish shift at 11.30, 9 hours driving done, 1.5 hours other work 1 hour braek
total 11.5 hrs shift 10.5 hours wrk, forget the 10 hour night rule we have opted out.
9 hours off after 11.30 then back in at 20.30, for the next shift
30 mins vehicle checks, start driving 21.00, for 4.5 hours.
So by 00.00you have done 3 hours driving, which when addedd to your previous shifts 9 = 12 hours in a 24 hour period, even though you have had nine off
i say legal company say not, whose right?
Twice you’ve failed to have a 45 minute break immediately after 4.5 hours driving so if you’re working to EU regulations it’s not legal.
As far as driving for 12 hours in the 24 hour period it depends on what regulations you’re working to, for EU regulations the 24 hour period doesn’t matter as far as driving time is concerned, you can drive for 9/10 hours between two daily rest periods or a weekly rest period and a daily rest period.
Domestic rules allow for 10 hours driving in the working day, a day being the 24 hour period from the start of shift.
Assuming you work to EU regulations the scenario you’ve stated is not legal only because you’ve failed to take the driving breaks at the correct times
bonnie lass:
Daily driving limit is 9 hours - this can be increased to 10 hours twice a week
quite right, and after a 9 or 11 hour rest period your daily driving limit starts again.
But the daily driving limit is in a 24 hour period isn’t it
Not for EU regulations no, the daily driving limit is the driving limit between rest periods.
Article 4 (k) - (EC) 561/2006:
‘daily driving time’ means the total accumulated driving
time between the end of one daily rest period and the
beginning of the following daily rest period or between a
daily rest period and a weekly rest period;
start 00.00
30 mins checks papaerwork work etc
leave 00.30
drive 4.5 hours dead, arrive at destination 5.00.
30 mins tip, (we can dream!) then 1 hr break, brings to 6.30
drive back to depot 4.5 hours brings to 11.00
then 30 mins paperwork etc, finish shift at 11.30, 9 hours driving done, 1.5 hours other work 1 hour braek
total 11.5 hrs shift 10.5 hours wrk, forget the 10 hour night rule we have opted out.
9 hours off after 11.30 then back in at 20.30, for the next shift
30 mins vehicle checks, start driving 21.00, for 4.5 hours.
So by 00.00you have done 3 hours driving, which when addedd to your previous shifts 9 = 12 hours in a 24 hour period, even though you have had nine off
i say legal company say not, whose right?
Twice you’ve failed to have a 45 minute break immediately after 4.5 hours driving so if you’re working to EU regulations it’s not legal.
As far as driving for 12 hours in the 24 hour period it depends on what regulations you’re working to, for EU regulations the 24 hour period doesn’t matter as far as driving time is concerned, you can drive for 9/10 hours between two daily rest periods or a weekly rest period and a daily rest period.
Domestic rules allow for 10 hours driving in the working day, a day being the 24 hour period from the start of shift.
Assuming you work to EU regulations the scenario you’ve stated is not legal only because you’ve failed to take the driving breaks at the correct times
now heres me thinking that after driving for 4 1/2 hours i need to take a 45 min break before i start driving again, but this does,nt stop me from doing other work.
the reason i say this is because in this scenario by the original poster, if on return to his depot after his second 4 1/2 hour drive he then has to have another 45 minute break before he can complete his paperwork and hand his keys in and that isnt right.
and by this that means that for a 9 hour driving shift you need to take 2 x 45 minute breaks and thats a load of rubbish.
dave:
now heres me thinking that after driving for 4 1/2 hours i need to take a 45 min break before i start driving again, but this does,nt stop me from doing other work.
The regulations do stop you from doing other work at this point until you have taken a 45 minute break. Here is the wording from the regulations.
After a driving period of four and a half hours a driver shall take an uninterrupted break of not less than 45 minutes, unless he takes a rest period.
Note what it says, it says after 4.5 hours driving the driver shall take a break, it does not say take a break or do other work. On reaching 4.5 hours driving there are only two options available, take a break or begin a rest period and that is it. If you do other work before taking a break you commit an offence.
now heres me thinking that after driving for 4 1/2 hours i need to take a 45 min break before i start driving again, but this does,nt stop me from doing other work.
the reason i say this is because in this scenario by the original poster, if on return to his depot after his second 4 1/2 hour drive he then has to have another 45 minute break before he can complete his paperwork and hand his keys in and that isnt right.
and by this that means that for a 9 hour driving shift you need to take 2 x 45 minute breaks and thats a load of rubbish.
I agree that it’s completely illogical but the regulations are clear on this point.
Stupid and illogical but clear
Article 7 - (EC) 561/2006:
After a driving period of four and a half hours a driver shall
take an uninterrupted break of not less than 45 minutes,
unless he takes a rest period.
alf apsey:
Personally i would say not legal, as you have said you have driven 12hrs in a 24hr period,and tacho rules run on a 24hr spread.
They do but after a daily rest period you begin a new 24 hour period. The tacho rules 24 hour period is not the same as a calendar 24 hours and is only used for calculating daily rest periods.
now heres me thinking that after driving for 4 1/2 hours i need to take a 45 min break before i start driving again, but this does,nt stop me from doing other work.
the reason i say this is because in this scenario by the original poster, if on return to his depot after his second 4 1/2 hour drive he then has to have another 45 minute break before he can complete his paperwork and hand his keys in and that isnt right.
and by this that means that for a 9 hour driving shift you need to take 2 x 45 minute breaks and thats a load of rubbish.
I agree that it’s completely illogical but the regulations are clear on this point.
Stupid and illogical but clear
Article 7 - (EC) 561/2006:
After a driving period of four and a half hours a driver shall
take an uninterrupted break of not less than 45 minutes,
unless he takes a rest period.
Breaks
After a driving period of no more than 4.5 hours, a driver must immediately take a break of at least 45 minutes, unless he takes a rest period.
the word “immediately” wants scrubbing out lol.wonder how many drivers actually adhere to this because i know i dont and ive never had any infrigments etc re this. many a time ive got to a delivery point or back at base bang on the limit and either tipped the tanker and then had a break or done some paperwork and gone home.i cant be the only one.
