Then rest until the start of week one.My question refers to the time off between the local and the Kilmarnock run,As both myself and the driver who works opposite weeks to me are having problems with tiredness on the Kilmarnock run.
Dont worry,neither of us are stupid enough to drive if tired.Both of us have and will continue to stop for a kip if tired.
The minimum amount of rest between shifts is 9 hours, irrespective of the start times of the shifts and whether they are day or night shifts… In the scenario you detail above you are having 12 hours daily rest each day in week 1. In week 2 you have daily rest as follows.
Monday 12 hours.
Tuesday 18.5 hours
Wednesday 16.5 hours. Although you are actually having 22 hours only 16.5 of them count as far as the tacho regs go.
Thursday 10.5 hours. Although you are starting a weekly rest period at the end of the shift it still counts as a reduction due to you working more than 13 hours.
You are only having one reduction in your two week shift pattern so it is all legal. It may not affect you because of your shift lengths and break and POA but if you are actually working more than 10 hours on any of those shifts which begin at 23:30 is there an agreement in place to opt out of the 10 hour WTD night limit at your place?
Although you are actually having 22 hours only 16.5 of them count as far as the tacho regs go.
Can i ask why that is?
Because the only period of rest that counts towards a daily rest period for the tacho regulations is the rest that falls within the 24 hour period from the beginning of the shift.
In this case the shift started at 23:30 Tuesday and ended at 07:00 Wednesday, so the 24 hour period from the beginning of the shift ends at 23:30 Wednesday.
From 07:00 to 23:30 is 16.5 hours.
soggy:
Cheers for the reply coffeeholic,No there isn’t a formal agreement in place,As there is only two of us working nights,and were both happy to do it.
It may be worth asking your employer to put a workforce agreement in place to opt out of the 10 hour night rule, as far as I know the regulations require it regardless of how happy you both are to work more than 10 hours, without a formal written agreement you’re not legally entitled to work more than 10 hours and there’s really no point in running illegal for the sake of implementing an opt out agreement.
Well that’s my opinion anyway.
More than 10 hours work at night can only be performed, if there is a relevant agreement in place. The amount of working time that can be performed is still restricted by the minimum rest requirements under European drivers’ hours rules.
