Having a heated debate with one of the newer guys at work today, he seems to reckon you can do so many hours driving in a day as long as you have a split daily restrest, for example, starting at midnight to keep it simple and ignore pre trip checks for arguments sake:
0000 drive 4hrs 30
45 min break until 0515
0515 drive 2hrs until 0715
45 min break
0800 drive remaining daily allowance 3hrs 30
1130 take first 3hrs split rest
1430 drive 4hrs 30 to 1900
Take second 9hrs split which resets you for the next day
My take on it would be because the second part of the split daily rest takes you beyond the 24hr period you started at, you can’t do it. He reckons after the first 3hrs it’s a “new” driving day from 1430 so you can. Bonkers?
nurglets:
Having a heated debate with one of the newer guys at work today, he seems to reckon you can do so many hours driving in a day as long as you have a split daily restrest, for example, starting at midnight to keep it simple and ignore pre trip checks for arguments sake:
0000 drive 4hrs 30
45 min break until 0515
0515 drive 2hrs until 0715
45 min break
0800 drive remaining daily allowance 3hrs 30
1130 take first 3hrs split rest
1430 drive 4hrs 30 to 1900
Take second 9hrs split which resets you for the next day
My take on it would be because the second part of the split daily rest takes you beyond the 24hr period you started at, you can’t do it. He reckons after the first 3hrs it’s a “new” driving day from 1430 so you can. Bonkers?
Exceeded daily driving time by 4.5 hours and insufficient daily rest by 4 hours
nurglets:
Having a heated debate with one of the newer guys at work today, he seems to reckon you can do so many hours driving in a day as long as you have a split daily restrest, for example, starting at midnight to keep it simple and ignore pre trip checks for arguments sake:
0000 drive 4hrs 30
45 min break until 0515
0515 drive 2hrs until 0715
45 min break
0800 drive remaining daily allowance 3hrs 30
1130 take first 3hrs split rest
1430 drive 4hrs 30 to 1900
Take second 9hrs split which resets you for the next day
My take on it would be because the second part of the split daily rest takes you beyond the 24hr period you started at, you can’t do it. He reckons after the first 3hrs it’s a “new” driving day from 1430 so you can. Bonkers?
He doesn’t know what he’s talking about, the first part of a split daily rest period does not alter the maximum daily driving time in any way whatsoever.
If I’m reading this example correctly you’ve gone over the extended daily driving time (10 hours max) by 1 hour and the daily rest will be insufficient by 4 hours.
By the way even if the daily rest period was within the 24 hour period you still can’t drive 11 hours, so I’m not quite sure about your reasoning on that
edit: I think I may have misunderstood what you was getting at before, the daily driving time is between daily rest periods and has nothing to do with the 24 hour period, so if the driving time in the above scenario was not over 10 hours I would say the only offence would be insuficient daily rest.
That’s what I was trying to explain, but he’s got it in his head that because he’s started his rest, even though it’s split it counts as a new day as long as he takes 9hrs after the initial 3hr.
To be honest, I’ve given up, it took a written warning and unpaid extra cpc day to get through that just because sometimes you may work past midnight, you don’t start a new driving day, ie start at 19:30, drive til midnight then get another 9 or 10 hrs drive time. I think he got his license in a packet of cornflakes.
I can see the mistake he’s making but you have to ask yourself if it went to court what would the outcome be, the court would of course say that for safety the principle of the daily driving time being between daily rest periods has to be the same regardless of whether the daily rest is split or not.
Therefore the daily driving time has to be the accumulated driving time from the start of the shift to the start of the last part of a split daily rest period.
If he wants to try it as a test case in court I’ll wish him luck, but he will lose
nurglets:
Having a heated debate with one of the newer guys at work today, he seems to reckon you can do so many hours driving in a day as long as you have a split daily restrest, for example, starting at midnight to keep it simple and ignore pre trip checks for arguments sake:
0000 drive 4hrs 30
45 min break until 0515
0515 drive 2hrs until 0715
45 min break
0800 drive remaining daily allowance 3hrs 30
1130 take first 3hrs split rest
1430 drive 4hrs 30 to 1900
Take second 9hrs split which resets you for the next day
My take on it would be because the second part of the split daily rest takes you beyond the 24hr period you started at, you can’t do it. He reckons after the first 3hrs it’s a “new” driving day from 1430 so you can. Bonkers?
Exceeded daily driving time by 4.5 hours and insufficient daily rest by 4 hours
ROG:
Exceeded daily driving time by 4.5 hours and insufficient daily rest by 4 hours
+1
How has he exceeded driving time by 4.5 hours ?
edit: It’s aright I can see now, I mistook the phrase “0800 drive remaining daily allowance 3hrs 30” for meaning that was the allowed driving time left.
