ROG:
Friday… when finished the driver can have a minimum 24 hour WEEKLY rest so does that mean that the first 11 of that 24 is daily
You have to have a daily rest each day you drive, just because it is the last day of your week doesn’t alter that. You extend a daily rest period into a weekly rest period. If that wasn’t the case what would be to stop the driver having a duty time of 16, 17, 18, 19 or more hours on his last shift before a weekly rest? Remember the regulations make no mention of a 15 hour day or any maximum duty time.
Note: An actual working week starts at the end of a weekly rest period, and finishes when another weekly rest period is commenced,
Where have I gone wrong
See above, I got the answer to your question in before you asked it because I knew where you were going wrong but also knew you wouldn’t let go. ■■■■ I’m good.
dambuster:
Without going looking, I’m going to stick my neck out and say that I don’t remember reading - in the actual regulations - about a “working week”
I have though read about a fixed week.
Exactly. VOSA only mention the working week in the thing ROG is quoting from to show it can be different from the fixed week.
ROG:
but I cannot get my head around the fact that the working week has finished so a daily is now not required - just a weekly as stated by VOSA
Question.
Can A Driver on Friday, his last shift before his weekly rest, begin work at 06:00 and finish at 23:00?
If not, why not?
To aid you in coming to an answer this may help.
Remember the regulations make no mention of a daily working/duty limit anywhere.
Article 8 (2.) Within each period of 24 hours after the end of the
previous daily rest period or weekly rest period a driver shall
have taken a new daily rest period.
I’m guessing you might know the Highway Code pretty much inside out. I’d hope so.
When a motorist is convicted of an offence, is he convicted - in the very strictest sense, for disobeying that book, or is he convicted for contravening a Statute Law ?
Likewise with the Drivers’ Hours. Forget for a minute the new “gimme 60 quid, it’s a lot easier and cheaper” option. Would a driver be prosecuted/convicted for falling foul of GV262 or would it be a European Directive adopted into law/statute ?
I’d agree the 262 is written in slightly less legalese and therefore easier to understand, but only to a point.
Surely the definitive is the actual legislation, in all cases. Not a guide, no matter how that guide be presented and referred to.
6 What’s the minimum amount of daily rest you can have in a week working Monday to Friday
The question clearly states DAILY rest
When the driver finishes on friday (and is not working saturday) is the driver on DAILY rest or WEEKLY rest
Had the question been -
What’s the minimum amount of REST you can have in a week working between Monday 0000 to Friday 2400?
Then the answer would be 49
6 What’s the minimum amount of daily rest you can have in a week working Monday to Friday
The question clearly states DAILY rest
When the driver finishes on friday (and is not working saturday) is the driver on DAILY rest or WEEKLY rest
Had the question been -
What’s the minimum amount of REST you can have in a week working between Monday 0000 to Friday 2400?
Then the answer would be 49
Rog you had 49 in your first answer you change it cos wheel nut had 38
6 What’s the minimum amount of daily rest you can have in a week working Monday to Friday
The question clearly states DAILY rest
When the driver finishes on friday (and is not working saturday) is the driver on DAILY rest or WEEKLY rest
Daily rest, extending into weekly rest. Every 24-hour period must have a daily rest period.
Article 8 (2.) Within each period of 24 hours after the end of the
previous daily rest period or weekly rest period a driver shall
have taken a new daily rest period
ROG:
Had the question been -
What’s the minimum amount of REST you can have in a week working between Monday 0000 to Friday 2400?
Then the answer would be 49
No it wouldn’t. If the question had just said rest it would not be possible to answer without knowing the Monday start time and Friday finishing time. The work is only done Monday to Friday so all the time between finishing Friday and 24:00 Sunday would be rest as would the time between 00:00 Monday and the start time and the other rest periods.
I’ll ask you again the question you keep ignoring, if a daily rest isn’t required Friday why can’t the driver work say 17.5 hours on that day?
Are you saying that the regs say that daily rest & weekly rest are the same for the first part a bit like breaks for the tacho and RTD can be the same but for two different purposes
ROG:
Are you saying that the regs say that daily rest & weekly rest are the same for the first part a bit like breaks for the tacho and RTD can be the same but for two different purposes
You really aren’t reading this thread or the quotes from the regs are you? Every 24-hour period requires a daily rest and a daily rest is extended into a weekly rest.
Another attempt to get you to this question.
If a daily rest isn’t required Friday why can’t the driver work say 17.5 hours on that day?
A daily rest period may be extended to make a regular weekly rest period or a reduced weekly rest period.
I’m not very good on reading law so please explain -
If something is ‘extended’ to make into ‘something else’ does not the original become that ‘something else’ and therefore lose the original ‘something’
A 9 hour hour driving day can be extended into a 10 hour driving day in which case it is not now a 9 hour driving day - I think you can see where I am coming from with my thinking
ROG, have a go at answering the question I’ve asked you about 4 times so far and you have ignored. If you answer it you will also have the answer to your confusion.
Can a driver on the last day before his weekly rest work more than 15, say 17.5, hours? If not, why not?
