A mate of mine as asked me a question and i don’t want to get it wrong.
if on a bank holiday you don’t work can you use the 24 hours rest you have had and the 24 hours you have at the week end to make up the full weekly rest as the two rest have been take in the same week
his normal week would be
mon 6 am till sat 9 am
and he would get the 45 in
what he is asking
Mon no work
Tues start 6 am til 9 am sun
have the 24 hours on Monday and the 24 hour on Sunday taking a total of 48 hour rest in that week
he no’s he will have to start at 9 am Mon after
and would like to no would he still have the reduced rest to pay back by the end of week 4
The answer is YES - sun off then immediately followed by BH mon off is 48 hours rest
He has not worked so it is therefore rest - the fact that it is a bank holiday and he may or may not get paid for it will make no difference in regards to the EU tacho regs.
RTD (WTD) - no, I wont go into that - not the drivers problem…
delboytwo:
A mate of mine as asked me a question and i don’t want to get it wrong.
if on a bank holiday you don’t work can you use the 24 hours rest you have had and the 24 hours you have at the week end to make up the full weekly rest as the two rest have been take in the same week
his normal week would be
mon 6 am till sat 9 am
and he would get the 45 in
what he is asking
Mon no work
Tues start 6 am til 9 am sun
have the 24 hours on Monday and the 24 hour on Sunday taking a total of 48 hour rest in that week
he no’s he will have to start at 9 am Mon after
and would like to no would he still have the reduced rest to pay back by the end of week 4
If I understand you correctly he will have a rest of 69 hours from 09:00 Saturday to 06:00 Tuesday, this will serve as a full weekly rest for week 1 plus a reduced weekly rest of 24 hours for week 2, he will then have another 24 hours of from 09:00 Suday, this can be used as compensation for the reduced weekly rest on the previous Monday.
He will need a full 45 hour weekly rest for week 3 though
ROG:
The answer is YES - sun off then immediately followed by BH mon off is 48 hours rest
He has not worked so it is therefore rest - the fact that it is a bank holiday and he may or may not get paid for it will make no difference in regards to the EU tacho regs.
RTD (WTD) - no, I wont go into that - not the drivers problem…
sorry Rog
he will have the 45 off as he finished at 9am sat
its the fact that he will not be working B/holiday Mon and wants to know if the 24 hours on Mon can be added to the Sunday rest and count the total as a full rest and not have to compensate for the reduced rest Sunday
delboytwo:
he will have the 45 off as he finished at 9am sat
its the fact that he will not be working B/holiday Mon and wants to know if the 24 hours on Mon can be added to the Sunday rest and count the total as a full rest and not have to compensate for the reduced rest Sunday
No he can’t.
The Monday will be a reduced weekly rest that needs to be compensated for regardless of the fact that it’s being paid back in the same week (if he chooses to pay it back the same week).
tachograph:
If I understand you correctly he will have a rest of 69 hours from 09:00 Saturday to 06:00 Tuesday, this will serve as a full weekly rest for week 1 plus a reduced weekly rest of 24 hours for week 2, he will then have another 24 hours of from 09:00 Suday, this can be used as compensation for the reduced weekly rest on the previous Monday.
He will need a full 45 hour weekly rest for week 3 though
Hi thought of that but when i read it its say you can only count the rest in one of the week not both
A weekly rest period that falls in two weeks may be counted in either week but not in both. However, a rest period of at least 69 hours in total may be counted as two back-to-back weekly rests (e.g. a 45-hour weekly rest followed by 24 hours), provided that the driver does not exceed 144 hours’ work either before or after the rest period in question.
cos that what i was going to tell him, but thought about it first if you know what i mean
delboytwo:
he will have the 45 off as he finished at 9am sat
its the fact that he will not be working B/holiday Mon and wants to know if the 24 hours on Mon can be added to the Sunday rest and count the total as a full rest and not have to compensate for the reduced rest Sunday
No he can’t.
The Monday will be a reduced weekly rest that needs to be compensated for regardless of the fact that it’s being paid back in the same week (if he chooses to pay it back the same week).
so based on this
if he finished 11 hours earlier
say 10 pm Saturday night that would be a 11 hour rest and the 24 hours could be the compensation
tachograph:
If I understand you correctly he will have a rest of 69 hours from 09:00 Saturday to 06:00 Tuesday, this will serve as a full weekly rest for week 1 plus a reduced weekly rest of 24 hours for week 2, he will then have another 24 hours of from 09:00 Suday, this can be used as compensation for the reduced weekly rest on the previous Monday.
He will need a full 45 hour weekly rest for week 3 though
Hi thought of that but when i read it its say you can only count the rest in one of the week not both
If you’re referring to the 69 hours counting as a full weekly rest and a reduced weekly rest then it’s legal and referred to on page 19
A weekly rest period that falls in two weeks may be counted in either week but not in both. However, a rest period of at least 69 hours in total may be counted as two back-to-back weekly rests (e.g. a 45-hour weekly rest followed by 24 hours), provided that the driver does not exceed 144 hours’ work either before or after the rest period in question.
45 off - that is for the previous week
work normal week
69 hours off 24 + 45 - the 24 for the previous week and 45 for the forthcoming week
work tue to sat
Reduced weekly rest
work mon to fri/sat
Full 45 weekly rest but he still has 2 reduced weekly rests to be paid back which he will have to watch out for
Am i correct on that?
The quote says 45 + 24 is only an example and it does not say that it cannot be reversed
what i will try to do is explain what i think you can do
if you work Mon to Friday
but one week you boss ask you to have a day off and work Saturday
lasts say you have tues off and its 24 hours of rest to fore fill the rest of 45 hours that week the driver could finish on Saturday and the 11 hours rest and the 21 hours he owes would be taken in that week and there for the reduced rest on Tues would have been paid back and no compo required
in my OP would the Monday be that week rest or be the week before as its 69 hours rest
but one week you boss ask you to have a day off and work Saturday
lasts say you have tues off
full weekly rest
Mon work
Tue off lets say a 36 hour rest
Wed/thu/fri/sat work
sun off lets say another 36 hours rest
mon to fri work
full weekly rest
mon to fri work
full weekly rest
delboytwo:
what i will try to do is explain what i think you can do
if you work Mon to Friday
but one week you boss ask you to have a day off and work Saturday
lasts say you have tues off and its 24 hours of rest to fore fill the rest of 45 hours that week the driver could finish on Saturday and the 11 hours rest and the 21 hours he owes would be taken in that week and there for the reduced rest on Tues would have been paid back and no compo required
in my OP would the Monday be that week rest or be the week before as its 69 hours rest
Please don’t complicate things by now brining a fictitious Tuesday rest into the discussion
The 69 hours (09:00 Saturday to 06:00 Tuesday) would be a full 45 hour weekly rest for week 1 and a 24 hour reduced weekly rest for week 2.
Del as the 69 hours spans two consecutive weeks it counts as two weekly rests back to back, one full (45 hours) and one reduced (24 hours).
ROG:
full weekly rest
Mon work
Tue off lets say a 36 hour rest
Wed/thu/fri/sat work
sun off lets say another 36 hours rest
mon to fri work
full weekly rest
mon to fri work
full weekly rest
yes mate
would that cover the rest for that week and no compo required in the 4 week
but going back to my OP would it work like that if the day of was monday as below
full weekly rest
Mon off
Tue 6am
Wed
thu
fri
sat
sun finish at 9.00am
sun 24 off
mon to fri work
full weekly rest
mon to fri work
full weekly rest
delboytwo:
cos the monday rest was part of the week before
NO IT [ZB]ING WASN’T
Del I understand where you’re coming from but what you appear to be missing is this.
A weekly rest that spans two weeks can count for either week but not both, but the point is that the 69 hours is regarded as two separate rest periods that are taken back to back and therefore can count for two weeks, one full weekly rest and one reduced weekly rest, so the Mondays rest can count as a reduced weekly rest for the second week
A weekly rest period that falls in two weeks may be counted in either week but not in both. However, a rest period of at least 69 hours in total may be counted as two back-to-back weekly rests (e.g. a 45-hour weekly rest followed by 24 hours), provided that the driver does not exceed 144 hours’ work either before or after the rest period in question.
Mon would be a reduced rest of24 hours and as long as my mate finishes on Saturday night a 10 pm the 11 hours and the 21 hours would be the full rest that week and he would have paid back the reduced rest in the same week
delboytwo:
full weekly rest
Mon off
Tue 6am
Wed
thu
fri
sat
sun finish at 9.00am
sun 24 off
mon to fri work
full weekly rest
mon to fri work
full weekly rest
He still has 21 to pay back from sun 24 off - you cannot use the previous mon to make it up.
The previous mon cannot count as the reduced weekly rest and then the sun 24 as the payback for 2 reasons -
the 24 hours is not enough as it would have to be 9 (min) + 21 making 30
using the sun as payback would mean that there was no weekly rest between tue 6am and the next full weekly rest.
Mon would be a reduced rest of24 hours and as long as my mate finishes on Saturday night a 10 pm the 11 hours and the 21 hours would be the full rest that week and he would have paid back the reduced rest in the same week
i am i right
Not quite, ROG is correct in saying that the Sunday can’t be used as compensation for the previous Monday as it’s being used as a reduced weekly rest, therefore he will need to pay back 21 hours compensation for the Mondays OR Sundays reduced rest at some point in the 3 weeks following the week in which the reduced rest was taken.
