Hi,
Hoping that the resident experts can enlighten me about rest when not driving… let me explain.
Assume a nice new week. EU rules driving on day 1. No driving on day 2, but a very long day (say 0700 through to 0300). EU rules driving on day 3.
How much rest is required before driving on day 3? Is there a rule / law for this?
Many thanks for any help, and my apologies if this has been covered before!
landy12345:
Hi,Hoping that the resident experts can enlighten me about rest when not driving… let me explain.
Assume a nice new week. EU rules driving on day 1. No driving on day 2, but a very long day (say 0700 through to 0300). EU rules driving on day 3.
How much rest is required before driving on day 3? Is there a rule / law for this?
There is.
You will need to have at least 9 hours, if you have a reduced rest available still, or 11 hours if not between finishing the other job and starting work under EU regulations. If you have less than 9 hours rest between finishing the work at the other job then the start time of that job will be the start time for your maximum 15 hours duty, as defined by a 9 hour rest in the 24 hour period, for the tacho rules. In your example you have already done more than 15 hours duty from 0700 on day 2 therefore the earliest you could begin working under EU rules is 1200 on day 3, if you have a reduced rest available, or 1400 if not.
landy12345:
Many thanks for any help, and my apologies if this has been covered before!
Your welcome, and it has been asked many times before but that doesn’t matter. It’s always good to bring these things forward again because people can learn from it.
i would say, but not 100% sure that day 2 is illegal because if using eu rules for part of the week they applied for the whole week.
landy12345:
Hi,Hoping that the resident experts can enlighten me about rest when not driving… let me explain.
Assume a nice new week.
A> EU rules driving on day 1.
B> No driving on day 2, but a very long day (say 0700 through to 0300).
C> EU rules driving on day 3.How much rest is required before driving on day 3? Is there a rule / law for this?
Many thanks for any help, and my apologies if this has been covered before!
If youve worked day 2 ie 0700 to 0300 your in the ■■■■ cause youve worked 20 hours 
Max working day can oly be 15hrs in total
wood73:
i would say, but not 100% sure that day 2 is illegal because if using eu rules for part of the week they applied for the whole week.
Only for the days you drive and with regards to weekly rest periods if the other days are a different type of work EU rules don’t apply and it would only be the regular folks WTD that would impose limits, and most people ignore that anyway.
nick2008:
landy12345:
Hi,Hoping that the resident experts can enlighten me about rest when not driving… let me explain.
Assume a nice new week.
A> EU rules driving on day 1.
B> No driving on day 2, but a very long day (say 0700 through to 0300).
C> EU rules driving on day 3.How much rest is required before driving on day 3? Is there a rule / law for this?
Many thanks for any help, and my apologies if this has been covered before!
If youve worked day 2 ie 0700 to 0300 your in the ■■■■ cause youve worked 20 hours
Not if the work on day 2 doesn’t come under EU rules.
I based my original answer on it being a different job for a different employer on day 2.
Thanks Coffee! My assumption was similar, but I was damned if I could find reference to this specific scenario in the hours regs…
It shouldn’t make any difference, but the work is all for one employer. We work in Live Events, which should help explain the very long day between driving to and from the venue…
Thanks guys.
landy12345:
the work is all for one employer.
Then that is different as you are regarded as a mobile worker under EU regs and the RT(WTD)R for ALL of the shifts worked which now means that the 0700 to 0300 shift is illegal
ALL the daily & weekly RESTS must be confomed to as per the EU regs as well as the tacho and RT(WTD)R BREAKS
ROG:
landy12345:
the work is all for one employer.Then that is different as you are regarded as a mobile worker under EU regs and the RT(WTD)R for ALL of the shifts worked which now means that the 0700 to 0300 shift is illegal
ALL the daily & weekly RESTS must be confomed to as per the EU regs as well as the tacho and RT(WTD)R BREAKS
I disagree, there’s nothing in the regulations that I’m aware of that stops him working more than 15 hour spread-over on none driving days just because he’s regarded as a mobile worker.
The fact that he’s regarded as a mobile worker does not mean he comes in-scope of EU regulations for tachograph rules and as far as I’m aware there’s nothing in the WTD that stipulates a maximum spread-over or a required daily rest within the 24 hour period on none driving days.
He only needs to comply with rest and daily rest periods to EU regulations if he travels in an in-scope vehicle on the none driving days which I suspect he does not.
Coffeeholic:
landy12345:
Hi,Hoping that the resident experts can enlighten me about rest when not driving… let me explain.
Assume a nice new week. EU rules driving on day 1. No driving on day 2, but a very long day (say 0700 through to 0300). EU rules driving on day 3.
How much rest is required before driving on day 3? Is there a rule / law for this?
There is.
You will need to have at least 9 hours, if you have a reduced rest available still, or 11 hours if not between finishing the other job and starting work under EU regulations. If you have less than 9 hours rest between finishing the work at the other job then the start time of that job will be the start time for your maximum 15 hours duty, as defined by a 9 hour rest in the 24 hour period, for the tacho rules. In your example you have already done more than 15 hours duty from 0700 on day 2 therefore the earliest you could begin working under EU rules is 1200 on day 3, if you have a reduced rest available, or 1400 if not.
I think that’s the correct answer regardless of working more than 15 hours on day two which in my opinion is legal on condition that the mobile worker does not travel in an in-scope vehicle on the none driving day 
tachograph:
I disagree, there’s nothing in the regulations that I’m aware of that stops him working more than 15 hour spread-over on none driving days just because he’s regarded as a mobile worker.
DOES THIS from geebee45 say different ■■?
ROG:
tachograph:
I disagree, there’s nothing in the regulations that I’m aware of that stops him working more than 15 hour spread-over on none driving days just because he’s regarded as a mobile worker.DOES THIS from geebee45 say different ■■?
No it doesn’t say different, in fact it says exactly what tachograph did.
geebee45:
…if you stay ‘on site’ during a working day and do not drive on a road open to the public then you do not need to use the tachograph as you will be exempt from the EU drivers hours rules…
Thanks - I got the EU regs and the RT(WTD)R mixed up - all clear now 
With that being the case then it is possible (but probably not safe) that a person under the RT(WTD)R, or even the basic WTD, could work a 20+ hour non driving day finishing at 1159 pm and then start driving under EU regs at midnight - yes ■■?
ROG:
Thanks - I got the EU regs and the RT(WTD)R mixed up - all clear now
Does not seem to be 
If it’s all clear why did you go on to write :
ROG:
With that being the case then it is possible (but probably not safe) that a person under the RT(WTD)R, or even the basic WTD, could work a 20+ hour non driving day finishing at 1159 pm and then start driving under EU regs at midnight - yes ■■?
No, go back an re-read Coffeeholic’s first post.
For drivers the 24 hour period begins at the end of the last daily or weekly rest period.
Thanks for the link to geebee45’s post ROG
I like this game, I can answer questions without actually doing anything, wish I could earn money the same way…Hold on, some think that I get paid for doing nothing anyway
tachograph:
For drivers the 24 hour period begins at the end of the last daily or weekly rest period.
then I have still not got it !!!
If the few days prior to driving was not under EU regs then there would not be an EU regs daily rest period for days so how would that work??
Mon 12 hour day driving under EU regs follwed by a 9 hour daily rest
Tue, Wed & Thu - same company doing long days (well over 15 hours from start to finish but little amounts of actual work) not under EU regs and finishing at 2300 on Thursday
Fri - what time can the driver start under EU regs as the last Daily rest under the regs was Monday and the rest periods for the non driving days were under 9 hours■■?
Perhaps you can help me to get my head around this please
ROG:
Perhaps you can help me to get my head around this please
Already explained in this thread by both myself and Tachograph. No further explanation needed.
Coffeeholic:
ROG:
Perhaps you can help me to get my head around this pleaseAlready explained in this thread by both myself and Tachograph. No further explanation needed.
OK - the way I am reading this then is that a non-driving day can be 20 hours, have say a 1 hour break and then start an EU regs driving day all perfectly legally…
If the above is wrong then I still have not got it !!
ROG:
Coffeeholic:
ROG:
Perhaps you can help me to get my head around this pleaseAlready explained in this thread by both myself and Tachograph. No further explanation needed.
OK - the way I am reading this then is that a non-driving day can be 20 hours, have say a 1 hour break and then start an EU regs driving day all perfectly legally…
Not legal, and neither I nor Tachograph said that.
OK - had another look at the posts above 
Would I be right in saying that in any WEEK where a driver comes under EU regs that ALL the DAILY RESTS for that week MUST conform to EU regs so the maximum shift in any of those days is 15 hours?
ROG:
OK - had another look at the posts aboveWould I be right in saying that in any WEEK where a driver comes under EU regs that ALL the DAILY RESTS for that week MUST conform to EU regs so the maximum shift in any of those days is 15 hours?
No you would not be right in saying that. Jesus ROG, this has already been asked an answered in this thread, you don’t work under these rules, you have never worked under these rules so just let it go, we don’t need another multi page post debating something which has already been answered.