wk1 45hrs off start shift have three 9hr reduced rest periods =6hrs.
Weekend have 35hrs off (trucks base in ireland but time off in uk)
start sun 7am week 2, 3 9hr reduced rest periods and one 12hr and ine 13hr rest periods.
finish 2pm friday take 53hrs off Can i start legally sun nght at 7pm or do I have to payback the 10hrs from the weekend before as well as my reduced daily rest?
Please dont get to technical with your answers.
In other words do I have to payback the difference when i reduce my hours from 45hr to a 24 or 36hr
The 6 hours do not need ‘paying back’ as they are DAILY ones - only WEEKLY rest hours need ‘payback’
Does that help
Regarding the ‘payback’ of WEEKLY rest -
Article 8
In any two consecutive weeks a driver shall take at least:
– two regular weekly rest periods, or
– one regular weekly rest period and one reduced weekly
rest period of at least 24 hours.
You have covered this as you have had a 45 WEEKLY
Article 8
7. Any rest taken as compensation for a reduced weekly rest
period shall be attached to another rest period of at least nine
hours.
Not done this yet as to make up the 10 hours (45 -35 = 10) the DAILY must be 19 hours or the WEEKLY must be 55 hours (think I got this bit right but not sure if it HAS to be attached to a FULL 45 WEEKLY rest or can be attached to a reduced one - GURU please)
Article 8
However, the reduction
shall be compensated by an equivalent period of rest
taken en bloc before the end of the third week following the week in question.
So you still have time to make up the ‘payback’
If I did not mess up on the bit in red then the 53 hour WEEKLY you took only counted as a 45.
I thought because I reduced my daily rest 3times I have to pay them back with my next 45 so that would mean I have to have 56 hrs off. my boss reackons I would have 45hrs off + 6hrs for my daily rest and 9hrs for the prevoius weekly rest when I took 36hrs off so taking a total of 6ohrs off
I thought because I reduced my daily rest 3times I have to pay them back with my next 45 so that would mean I have to have 56 hrs off. my boss reackons I would have 45hrs off + 6hrs for my daily rest and 9hrs for the prevoius weekly rest when I took 36hrs off so taking a total of 6ohrs off
Take payback for DAILY out of your thinking - it used to be paid back but not under the present regulations - your brain can relax on that one.
Just concentrate on the WEEKLY
What ever you reduced it by - in your case 10 hours - then that must be paid back (all in one 10 hour block) along with a daily one 9 + 10 =19 will do or a wekoly one 45 + 10 = 55 (see my last post in red)
wk1 45hrs off start shift have three 9hr reduced rest periods =6hrs.
Weekend have 35hrs off (trucks base in ireland but time off in uk)
start sun 7am week 2, 3 9hr reduced rest periods and one 12hr and ine 13hr rest periods.
finish 2pm friday take 53hrs off Can i start legally sun nght at 7pm or do I have to payback the 10hrs from the weekend before as well as my reduced daily rest?
Please dont get to technical with your answers.
In other words do I have to payback the difference when i reduce my hours from 45hr to a 24 or 36hr
Yes you can legally start work on Sunday at 19:00 in fact you can start any-time after 11 AM Sunday as you will then have had a 45 hour weekly rest
You don’t have to pay anything back for reduced daily rest periods, but you will need to pay back the compensation for the reduced weekly rest period in one block (10 hours) by the end of the third week following the week in which you had the reduced weekly rest period.
The compensation for the reduced weekly rest can be added onto any rest period of at least 9 hours.
Article 8
7. Any rest taken as compensation for a reduced weekly rest
period shall be attached to another rest period of at least nine
hours.
Not done this yet as to make up the 10 hours (45 -35 = 10) the DAILY must be 19 hours or the WEEKLY must be 55 hours (think I got this bit right but not sure if it HAS to be attached to a FULL 45 WEEKLY rest or can be attached to a reduced one - GURU please)
Any GURU got an answer for my bit in red please
Example - is this ok ? (assuming the weekly is taken on the weekends)
Full weekly rest 45
reduced 35 - now 10 to payback
full 45
reduced 24 + 10 = 34 but needing 21 to be paid back from this 24 ■■? or is this now regarded as a 34 rest & now needing 21 (10 + 11) to be paid back ■■?
full 45
reduced 24 + 21 payback ■■? - leaving a NEW 21 to be paid back■■?
full 45
Cannot seem to get my head around how this works - nothing new there then !!!
You’ve answered your own question by quoting Article 8.7.
Simply put;
attach the compensated rest required, in the example quoted 10 hours to ANY rest period equal to or greater than 9 hours;
reduced daily rest, 9 hrs + 10 = 19 hours
regular daily rest, 11 hrs + 10 = 21 hours
reduced weekly rest, 24 hrs + 10 = 34 hours
anything in between 24 and 45 + 10 = the number you thought of plus 10
regular weekly rest, 45 hrs = 55 hours
get the picture?
The only other things to say are;
you must ‘pay back’ all the reduction in one go
you must pay back the reduced rest BEFORE Midnight Sunday of the THIRD week FOLLOWING the week the reduced rest was counted in.
So the above is not regarded as 34 hour reduced but a 24 + 10 which now leaves a NEW 21 hours to be paid back
Unless I’ve misunderstood, I think you’ve confused yourself with the maths ROG
As far as I can see there’s nothing in the regulations to stop you seeing it however you want, it may be more convenient to regard the 34 hours as a reduced weekly rest of 24 hours plus 10 hours compensation leaving a new payback of 24 hours, or it may be more convenient to regard it as a reduced weekly rest of 34 hours leaving 2 lots of compensation to pay back, one of 10 hours and one of 11 hours.
Basically as far as I can see as long as the reduced weekly rest periods are compensated for within the required time limit it’s your call.
tachograph:
As far as I can see there’s nothing in the regulations to stop you seeing it however you want,
That’s what confused me as this could happen -
Full 45
Reduced 24 now 21 to payback
Full 45 but under 66
Reduced 24 + 21 payback from previous reduction leaving a NEW 21 to be paid back
Full 45 but under 66
Reduced 24 + 21 payback from previous reduction leaving a NEW 21 to be paid back
Full 45 but under 66
Reduced 24 + 21 payback from previous reduction leaving a NEW 21 to be paid back
Full 45 but under 66
Reduced 24 + 21 payback from previous reduction leaving a NEW 21 to be paid back
and so on…
tachograph:
As far as I can see there’s nothing in the regulations to stop you seeing it however you want,
That’s what confused me as this could happen -
Full 45
Reduced 24 now 21 to payback
Full 45 but under 66
Reduced 24 + 21 payback from previous reduction leaving a NEW 21 to be paid back
Full 45 but under 66
Reduced 24 + 21 payback from previous reduction leaving a NEW 21 to be paid back
Full 45 but under 66
Reduced 24 + 21 payback from previous reduction leaving a NEW 21 to be paid back
Full 45 but under 66
Reduced 24 + 21 payback from previous reduction leaving a NEW 21 to be paid back
and so on…
Hi Rog
you could do that but your forgetting to consider your drive time and the RTD.
delboytwo:
can you name a company that would give you 16 hours daily rest and have 6 hours POA
DHL
Recently in on a Tuesday morning at 05:00 for a Dublin run which was cancelled. Boss said, “Hang around and I’ll see if anything comes up, if it hasn’t by lunchtime you can go home.” By 11:30 I was heading home, so that was about 6 hours that could be POA but I think I just stuck it on break. Next Day started at 16:00 and worked straight through until 19:30 without even taking a break. 19 hours pay for those two days and actually worked less than 4 hours, I love my job.
That isn’t an isolated case, I’ve had that sort of thing a few times since I’ve worked there and I know jimboy124 has also had days like that.
