As a new driver I am presently being told by my employer that if I reduce my wekend break to the minimum 36 hours break on 2 consecutive weekends then I only need to have a 45 hour break on the 3rd weekend.
I’m not too sure that if this is true as am also being told that if I reduce my weekend break to 36 hours I must have made up this 9 hour reduction by the 3rd weekend, ie the normal 45 hour break plus the 9 hour reduction = 54 hours.
If anyone with this knowledge could advise I would very much appreciate as I don’t wish to break the law.
Thanks … oooh me goblins!
The requirement for weekly rest is 45 hours after six daily driving periods or at the end of the sixth day, provided the driving time in those six days is no more than 56 hours (2 x 10 hrs and 4 x 9 hrs). The weekly rest period may start in one week and extend into the next week. If at home or base, the period may be reduced to 36 hours, if away from base then the period may be reduced to 24 hours. Any ‘reduction’ in weekly rest must be compensated by an equivalent period being taken ‘en bloc’ (in one go) and attached to either a daily rest period or another weekly rest period. Compensation must be carried out BEFORE the end of the THIRD week following the reduction. Hopefully the example below makes sense;
Week1 36 hours rest
week2 36 hours rest
week3 36 hours rest
week4 36 hours rest but you must also take 9 hrs compensated rest from Week 1)
week5 36 hours rest but you must also take 9 hrs compensated rest from week2 etc
As you can see, in weeks 4 & 5 you have had 45 hrs off, but only 36 of that is weekly rest for the week you are ‘in.’ The remaining 9 hours is compensated rest for the reduction you had 3 weeks ago. Whilst ‘carrying’ this compensated rest is legal, it is not within the ‘spirit’ of the Regulations. It was for this reason that the Commission changed the Regs. As of 11/04/2007 you will have to have at least 45 hours rest every other weekend. Under the new rules you can reduce to 24 hours whether at home or away, but you still have to ‘pay back’ the compensation by the end of the third week following
This is one for Neil to clarify, as it NEVER affects me so I don’t even bother to think about it, but my understanding (without looking it up) is that Week 3 should be 45 + 9 (i.e. Before the end of the third week). Hence ‘occasional’ drivers (Office/Factory workers driving one day per weekend, can work 2 out of every three.
Krankee:
This is one for Neil to clarify, as it NEVER affects me so I don’t even bother to think about it, but my understanding (without looking it up) is that Week 3 should be 45 + 9 (i.e. Before the end of the third week).
Not week 3, week 4 is correct. The compensation must be taken before the end of the third week following the week with the reduction. The word following makes all the difference and if the weekly rest is reduced in week 1 then the third week following that is week 4, not week 3. Also it doesn’t have to be 45+9, if you take just 45 it can count as a 36 + 9 hours compensation.
In fact provided reduced rest is compensated for within the timescales laid down in the regulations, it is legal never to have a weekly rest of 45 consecutive hours. (Well at least until next April) Those occasional drivers could work more than two out of three, depending on the hours they work at their day job they could work one day every weekend as long as they are compensating for the reduced rest during the week.
Also geebee45 knows far more about the tacho rules and tachographs than I do so you can be pretty sure that whatever answer he gives will be correct.
Just like to say thanks for your answers. Your info has been a great help and cleared up any ancertainty.
Thanks… oooh me goblins!
Followed a Tesco trailer round Aldgate today, had Oooh Me Goblins scrawled on the back in the dirt. One of yours?