Hi all,
if you have a odd day off in the week in between shifts. when you come to the end of your week, and you start your weekly rest of 45 hours. i know your weekly rest is a minimum of 24 hours which as to be payed back by the 3rd week. can the odd day off that you just had, be counted as part of the compensation for the reduced rest if it due.Or does the compensation have to be made from other rest in the following week after the reduction.
mon work 1800-05:15
tues off
wed work 19:30-06:15
thurs work 18:30-04:45
fri work 18:00-06:00
sat work 18:00-05:15
sun off
mon work 15:30
hi
forgot to say that sunday is start of reduced weekly rest
julian.dale:
Hi all,
if you have a odd day off in the week in between shifts. when you come to the end of your week, and you start your weekly rest of 45 hours. i know your weekly rest is a minimum of 24 hours which as to be payed back by the 3rd week.
4th week, it’s before the end of the 3rd week following the reduction, which means if you reduce in week 1 you must have compensated before the end of week 4.
julian.dale:
can the odd day off that you just had, be counted as part of the compensation for the reduced rest if it due.Or does the compensation have to be made from other rest in the following week after the reduction.
The compensation must be made after the reduction, you can’t compensate in advance. It can however be made later the same week, it doesn’t have to be in a different week.
julian.dale:
mon work 1800-05:15
tues off
wed work 19:30-06:15
thurs work 18:30-04:45
fri work 18:00-06:00
sat work 18:00-05:15
sun off
mon work 15:30
In the above scenario you are not having a regular weekly rest period in the week, you are taking 2 reduced periods but that is allowed. You are having 38.25 hours over the Tuesday, leaving 6.75 hours to compensate for and over the Sunday you are having 34.25 hours which compensates for the reduction earlier in the week. The second rest period over the Sunday does not require compensating and is simply there to presumably stop you working more than 6x24-hour periods without a weekly rest. To remain legal you must have taken, and will need to take, a regular weekly rest period in the week preceding and following the above week.
Thank you for the quick reply, ive just got a new job and the shifts are varied and can include weekend working with odd days off throughout. You mention about compensation earlier in the week. why would i need compensation if the weekend before i had 45 hours off. sorry forgot to mention. In the end the TM decided that someone else would cover that monday shift, as i wasnt sure on the rules and i dont think he was either, was just in theory if i would have done the shift.
The best advice I can give is to do what you have already - put down what you have done and are LIKELY to be doing.
This way the GURUs on her can give you precise answers as to whether it is GOING TO BE LEGAL (or not) and what you need to do to make it legal 
julian.dale:
You mention about compensation earlier in the week.
Not sure what you mean, I don’t see where I mention compensation earlier in the week?
julian.dale:
why would i need compensation if the weekend before i had 45 hours off.
You still have to compensate for the reduced weekly rest in the week you outlined. A rest period doesn’t have to come at the end of a week, a fixed week must simply have a weekly rest period applying to it. In the scenario you outline if you count the first of the two rest periods as the legally required rest period for that week the second can be used to make up the compensation for the first and as the second doesn’t need compensating for then it’s all dealt with within that week.
julian.dale:
sorry forgot to mention. In the end the TM decided that someone else would cover that monday shift, as i wasnt sure on the rules and i dont think he was either, was just in theory if i would have done the shift.
You could have resumed work at 15:30 on that Monday and you could have worked 6 straight shifts before commencing another weekly rest period, which would have to be regular weekly rest period of at least 45 hours.
You had just taken a weekly rest period and your TM wasn’t sure if you could work the Monday shift or not, are you sure he is qualified for the job? 
Coffeeholic:
julian.dale:
You mention about compensation earlier in the week.Not sure what you mean, I don’t see where Imention compensation earlier in the week?
Hi coffeehoilc i think he is on about this bit you posted
The compensation must be made after the reduction, you can’t compensate in advance. It can however be made later the same week, it doesn’t have to be in a different week.
also is this wrong
You are having 39.25 hours over the Tuesday, leaving 6.75 hours
i make it 38.25 and 6.75
delboytwo:
Coffeeholic:
julian.dale:
You mention about compensation earlier in the week.Not sure what you mean, I don’t see where Imention compensation earlier in the week?
Hi coffeehoilc i think he is on about this bit you posted
The compensation must be made after the reduction, you can’t compensate in advance. It can however be made later the same week, it doesn’t have to be in a different week.
Dunno, that’s not mentioning compensation earlier in the week, it clearly uses the word later rather than earlier
delboytwo:
also is this wrongYou are having 39.25 hours over the Tuesday, leaving 6.75 hours
i make it 38.25 and 6.75
Yeah, it was a typo I never noticed. 
Changed the 9 for an 8 now, thanks.
sorry to sound thick, but tacho rules are not straight forward and i would like to understand them in plain english. tell me if i have this right. the Tuesday rest of 38 1/4. i can make up the hours to 45 by using any daily rest periods over 11 hours which i make to 4 hours. I then use 3 hours from the sunday rest period leaving 31 1/4 rest reduced so i then need to make up the 14 by the end of the 4th week.
Thanks to you all for your assistance
julian.dale:
sorry to sound thick, but tacho rules are not straight forward and i would like to understand them in plain english. tell me if i have this right. the Tuesday rest of 38 1/4. i can make up the hours to 45 by using any daily rest periods over 11 hours which i make to 4 hours. I then use 3 hours from the sunday rest period leaving 31 1/4 rest reduced so i then need to make up the 14 by the end of the 4th week.Thanks to you all for your assistance
if i am not mistake you most pay all the compensation at once and not be split into bits.
you can add it to a daliy rest but it must be the 6.75 hours
Alternatively, a driver can take a reduced weekly rest period of a minimum of 24 consecutive hours.
If a reduction is taken, it must be compensated for by an equivalent period of rest taken in one block
before the end of the third week following the week in question. The compensating rest must be
attached to a period of rest of at least 9 hours — in effect either a weekly or a daily rest period.
For example, where a driver reduces a weekly rest period to 33 hours in week 1, he must compensate
for this by attaching a 12-hour period of rest to another rest period of at least 9 hours before the end of
week 4. This compensation cannot be taken in several smaller periods.
julian.dale:
sorry to sound thick, but tacho rules are not straight forward and i would like to understand them in plain english. tell me if i have this right. the Tuesday rest of 38 1/4. i can make up the hours to 45 by using any daily rest periods over 11 hours which i make to 4 hours.
No, the 6.75 hours must be taken in one bloc and attached to any other rest period of more than 9 hours. If you had a daily rest period of 15.75 hours that would be enough for this compensation but you don’t need to worry about that as the Sunday rest period takes care of all the compensation.
julian.dale:
I then use 3 hours from the sunday rest period leaving 31 1/4 rest reduced so i then need to make up the 14 by the end of the 4th week.
Again no. You use 6.75 hours from the Sunday rest period to compensate for the reduced weekly rest and that is you clear. You don’t have to compensate for the Sunday rest period as it is the second reduction in the week and the regulations only require you to have one rest period per week, and therefore you only need to compensate for one. Really the only function of the second rest period is to enable you to begin a new cycle of 6 shifts.
After the Sunday rest period the only thing you have to be aware of is the requirement to take a full weekly rest period of at least 45 hours which commences before the end of the week.
Thank ever so much for your detailed info. Tell me if this is right. As i have had a day off on tuesday i top up what i owe from sunday rest period to make tuesday up to 45 hours. As ive had 45 hours in 1 week, there is no compensation required for the sunday. So as long as i have 45 hours or more rest at no more than 6 shifts from sunday i am straight with the law.
julian.dale:
Thank ever so much for your detailed info. Tell me if this is right. As i have had a day off on tuesday i top up what i owe from sunday rest period to make tuesday up to 45 hours. As ive had 45 hours in 1 week, there is no compensation required for the sunday. So as long as i have 45 hours or more rest at no more than 6 shifts from sunday i am straight with the law.
If you mean that because you have made up the shortfall from Sunday on Tuesday then that resets the weekly rest clock, then that is not correct.
A full weekly rest period of at least 45 hours MUST be taken in every two week period - think I said that right…
Do you mean SHIFTS or DAYS as there is a difference - you could fit in numerous SHIFTS in the DAYS between weekly rest periods depending on the length of those shifts. The only crieria is that the daily rest periods between those shifts must be according to the regs. Every time you start the tacho for a NEW shift it becomes the start of a NEW 24 hour SHIFT period.
You may finish that SHIFT after just 10 hours, have 9 hours off, then start a NEW 24 hour SHIFT even though the previous shift and rest only added up to 19 hours.
julian.dale:
Thank ever so much for your detailed info. Tell me if this is right. As i have had a day off on tuesday i top up what i owe from sunday rest period to make tuesday up to 45 hours.
Correct
julian.dale:
As ive had 45 hours in 1 week, there is no compensation required for the sunday.
No, you do not require compensation for the Sunday bnecause the regulations only require one weekly rest period per week so only one needs compensating for.
julian.dale:
So as long as i have 45 hours or more rest at no more than 6 shifts from sunday i am straight with the law.
Because you had a reduced weekly rest period that week, it’s still a reduced rest period even though you have now compensated for it, you can do 6 shifts (6x 24-hour periods) before you require a full weekly rest period.
ROG:
Do you mean SHIFTS or DAYS as there is a difference - you could fit in numerous SHIFTS in the DAYS between weekly rest periods depending on the length of those shifts. The only crieria is that the daily rest periods between those shifts must be according to the regs. Every time you start the tacho for a NEW shift it becomes the start of a NEW 24 hour SHIFT period.
You may finish that SHIFT after just 10 hours, have 9 hours off, then start a NEW 24 hour SHIFT even though the previous shift and rest only added up to 19 hours.
You’ve completely lost the plot now ROG. 
Thanks for all your help on this subject, You have settled my mind, I know you can find the information else where on the net, on this and other driving subjects, but they seem to word it like a piece of regislation and going around the houses. You have explained it very well and i am very grateful.