There has always been some debate about this but I have always been under the impression that daily rest can only be reduced to 9 hours if the driver wishes to do so and that he is entitled to a full 11 hours if he should so want it. Does anyone have the actual legal standing on this?
robinhood_1984:
There has always been some debate about this but I have always been under the impression that daily rest can only be reduced to 9 hours if the driver wishes to do so and that he is entitled to a full 11 hours if he should so want it. Does anyone have the actual legal standing on this?
from the VOSA web site;
Your employer is responsible for scheduling his employees’ work and arranging when shifts must begin and end. It is for your employer to schedule your work so that rest periods are taken in accordance with the EC rules.
so I’m afraid your employer can tell you to reduce your daily rest.
Edited to bring the page size back to normal. K
well, yes the employer can tell the employee that he needs him to take a reduced daily rest on any given day but that can only be done three times in one week but those hours have to be made up by the end of the following week. i know exactly what i’d say to someone who told me to take a nine hour, it would be a short, two word answer 
They could tell me all they want to reduce.
I’d still only come in when it suited me. 
flying_fenman:
I’d still only come in when it suited me.
Well said that man anyone that wants to spend 3/4 of there life at work wants there head reading 
simon
I had a phone call with Lucy about this during the week and yes they can PLAN your day to have a 9 hour rest, However you can play the health and safety card and say you are too tired to drive after 13 hours and decide to have an 11 off.
I think providing you are too far from base they cant come and get you.
The buffoon who planned one of our days to take far too long and it ended up being a 13 and 3/4 hour shift, was having a laugh considering NOONE at our place does nights out i got back in the office and said i would be back in 12 hours no questions were asked and i got back 12 hours later.
If the question was asked i would simply tell them that i have 30 minutes travel home and 30 to get to work i have to eat i have to bathe and i have to sleep in my defence( i didnt mention the large Vodka)
if they want me to eat bathe and sleep and travel home with a 9 hour break that pretty much leaves me about 6 hours to sleep, and as a night worker who are proven to have broken sleep paterns during the day , i think my case would without a doubt stand up in a court of law.
If they phone me at least 2hours before i go to work and say they want me to do a night out i dont have a problem with that .
paul b:
but those hours have to be made up by the end of the following week. i know exactly what i’d say to someone who told me to take a nine hour, it would be a short, two word answer
9’s have to be made up ? please enlighten me Paul.
As for your two word answer I’ll try that this week and let you know…
I have an employer who thinks it’s fine for me to take the three 9’s at home, along with a reduced w/e and silly o’clock starts, all for £6/hr - not for much longer me thinks
the daily rest is 11 hours but can be reduced to 9 three times in the same week but then must be made up by the end of the next i.e three 9’s means you then have to have 2 x11’s and 3x 13’s the second week minimum, but you should know that 
be aware the ministry take a very dim veiw of insurficient daily rest and take it from me an enforced 11 hour lay over sat in some vosa ckeck point is no fun at all!
Wonder how it would fair in an Industrial Tribunal ?
Dismissed for complaining having worked 15 hours, with 9 hours rest (circa 6 hours sleep) for 3 days running…
Might test the water
wouldn’t you have to get the sack first?
paul b:
the daily rest is 11 hours but can be reduced to 9 three times in the same week but then must be made up by the end of the next i.e three 9’s means you then have to have 2 x11’s and 3x 13’s the second week minimum, but you should know that
!
Honestly Paul, no I didn’t…
Can we have conformation please cause I’ve been doing 3x9’s for the last 6 months with no payback 
paul b:
wouldn’t you have to get the sack first?
No problem there mate, it’s getting close
paul b:
well, yes the employer can tell the employee that he needs him to take a reduced daily rest on any given day but that can only be done three times in one week but those hours have to be made up by the end of the following week. i know exactly what i’d say to someone who told me to take a nine hour, it would be a short, two word answer
aye them 2 words would be… ok boss
taken from GV262 “drivers hours and tachograph rules”
MINIMUM DAILY REST PERIOD
“11 consecutive hours which can be reduced to 9 hours 3 imes a week with compensation before the end of the following week, i.e for every 9 hour reduced rest you must do a 13 to make up two week total rest hours”.
as far as i’m aware there are no reduced rest period or extended work periods that don’t have to be made up within a fortnight that includes 15 hour shifts which are actually extended 13 hour shifts, as above those extra hours have to be put back meaning for each 15 hour you do you then have to have an 11 hour to balance those hours.
my advice to you would be to get a copy of the GV262 available free from any test station or traffic office and stick it under the nose of your tm before you all end up in court!
Can we have conformation please cause I’ve been doing 3x9’s for the last 6 months with no payback
Quite corrrect - if you do reduced daily rest then you have to make it up before the end of the next week. If you reduce your weekly rest then you have three weeks to compensate for it…
The driver is ultimately in charge of the vehicle, the drivers regs clearly state that
Your employer is responsible for scheduling his employees’ work and arranging when shifts must begin and end. It is for your employer to schedule your work so that rest periods are taken in accordance with the EC rules.
An employer must seek the agreeance of the employee to reduce his rest, the legislation actually states that you may reduce not that you must reduce. You’ll find that an employment tribunal will support the driver if he refuses to reduce on the grounds of safety because he claims he would be tired etc and a risk to other road users.
Nowhere in the Regs does it state that an employer can reduce the drivers hours, only that he must schedule the work to comply with the regs, which requires 11 hrs per day rest as the reduction is optional, and this is where the employer thinks they have the rights etc to force a reduced rest upon the driver.
Well ugger me…
Thanks folks, next week is going to be interesting
But you may well find that in your contract of employment there will be something about having to work to meet the needs of the business.
Gurner:
But you may well find that in your contract of employment there will be something about having to work to meet the needs of the business.
Although I agree with you Chris, he’ll also find that Drivers Hours Regs Supercedes any company requirements or needs
Too many companies automatically think they have the right to force reduced rests, they are 100% wrong, the driver has to agree to it.
Davey Driver:
Too many companies automatically think they have the right to force reduced rests, they are 100% wrong, the driver has to agree to it.
Thats exactly as I thought too. Thanks for clarifying.