My brother just started a new job on an 8 wheeler tipper lorry about 7 months ago. (I’m posting this as he has no computer access). He’s never driven before this job and knows the basic tachograph laws (I think). Just this week he feels he is In his legal hours but I’m not sure so looking for advice. He had 61 hrs rest away from truck last weekend and started Monday morning at 6-30am. Worked within his hours Monday to Friday with 11 hrs daily rest every day except Monday which was reduced to 9 hrs off. He parked up at 2-20 pm on Friday afternoon. Had 28 hrs rest away from Friday afternoon till Saturday at 6-30 pm. Then drove 2hrs 30 mins sat night. Had 10hrs rest(in truck). Started sun morning at 8-10am and parked up at 15-45 pm on the Sunday. He now will not be starting till 6-30 on Tuesday morning. Can you tell me if this is legal or not as he is now worrying.
Carlfrith1978:
My brother just started a new job on an 8 wheeler tipper lorry about 7 months ago. (I’m posting this as he has no computer access). He’s never driven before this job and knows the basic tachograph laws (I think). Just this week he feels he is In his legal hours but I’m not sure so looking for advice. He had 61 hrs rest away from truck last weekend and started Monday morning at 6-30am. Worked within his hours Monday to Friday with 11 hrs daily rest every day except Monday which was reduced to 9 hrs off. He parked up at 2-20 pm on Friday afternoon. Had 28 hrs rest away from Friday afternoon till Saturday at 6-30 pm. Then drove 2hrs 30 mins sat night. Had 10hrs rest(in truck). Started sun morning at 8-10am and parked up at 15-45 pm on the Sunday. He now will not be starting till 6-30 on Tuesday morning. Can you tell me if this is legal or not as he is now worrying.
My understanding is he would have to stop on friday at 1830hrs for either, another reduced rest of at least 41hours, or a weekly rest of 62 hours,if he takes his comp straight after.
Looks legal so far.
Here’s my stab at it.
Sun 1545h to Tues 0630h = 38h 45m reduced weekly rest.
6h 15m needs compensating for in a complete block by the end of the 3rd week after it was taken.
He could carry on until Sunday 2130h / Sunday 1930h (that’s Monday 0630 minus daily rest of 11 or 9 depending on reductions in hand since last weekly rest) before having to take at least a 45h regular weekly rest.
I think he’s worried as he has driven in each day of the week this week. Although he had over 24 hrs off from Friday afternoon till sat afternoon
Welcome to Trucknet-UK Carlfrith1978 
Carlfrith1978:
My brother just started a new job on an 8 wheeler tipper lorry about 7 months ago. (I’m posting this as he has no computer access). He’s never driven before this job and knows the basic tachograph laws (I think). Just this week he feels he is In his legal hours but I’m not sure so looking for advice. He had 61 hrs rest away from truck last weekend and started Monday morning at 6-30am. Worked within his hours Monday to Friday with 11 hrs daily rest every day except Monday which was reduced to 9 hrs off. He parked up at 2-20 pm on Friday afternoon. Had 28 hrs rest away from Friday afternoon till Saturday at 6-30 pm. Then drove 2hrs 30 mins sat night. Had 10hrs rest(in truck). Started sun morning at 8-10am and parked up at 15-45 pm on the Sunday. He now will not be starting till 6-30 on Tuesday morning. Can you tell me if this is legal or not as he is now worrying.
Perfectly legal 
He had a regular weekly rest period of over 45 hours last week so he can legally have a reduced weekly rest period this week.
He’s had two reduced weekly rest periods this week, one was approximately 28 hours (doesn’t matter about the precise duration as long as it’s over 24 hours) which allowed him to work Saturday and Sunday and the other will be 38¾ hours from 15:45 Sunday until 06:30 Tuesday.
Ideally he will need to start a regular weekly rest period before midnight next Sunday, it may be possible to put it off until the following week but that would mean calculating which weeks his weekly rest periods counted for going back until the last time he had about four days off which can be difficult for some people.
If he has a regular weekly rest period starting before midnight next Sunday he will have to compensate for the 38¾ hours reduced weekly rest period by adding compensation of 6¼ hours onto any rest period of at-least 9 hours and it should be paid back by midnight on Sunday 16th September.
He will not need to compensate for the 28 hour reduced weekly rest period, which is why I said the precise duration doesn’t matter as long as it was over 24 hours.
Carlfrith1978:
I think he’s worried as he has driven in each day of the week this week. Although he had over 24 hrs off from Friday afternoon till sat afternoon
The fact that he’s driven every day doesn’t matter as long as he’s started a reduced weekly rest period of at-least 24 hours no later than 144 hours from the end of the last weekly rest period, which he did
The way I see it:
You may only do 6 shifts before taking a weekly rest therefore he must class his 28 hours Fri/Sat as his weekly rest because Sunday would be the seventh shift otherwise.He can then compensate for the reduced rest in the 38 hours 45 mins. he is taking Sun/Tues. With the new rules that he must take a full weekly rest in one of any two fixed weeks he must then start a 45 hour break by the latest at 3.00am Saturday morning. If he is required to start before midnight Sunday then he must start his break that much earlier.
Thanks alot guys I will tell him. He’s off from Friday afternoon next week till Monday anyway do he’ll get a full weekly rest in then anyway.
tachograph:
If he has a regular weekly rest period starting before midnight next Sunday he will have to compensate for the 38¾ hours reduced weekly rest period by adding compensation of 6¼ hours onto any rest period of at-least 9 hours and it should be paid back by midnight on Sunday 16th September.
I understand that the 38h 45m reduced weekly rest period would end Tues 4th Sept.
So should the compensation actually be paid back before midnight Sunday( between Sun/Mon) 30th September?
Welcome to Trucknet-UK Seagoon
Seagoon:
The way I see it:
You may only do 6 shifts before taking a weekly rest therefore he must class his 28 hours Fri/Sat as his weekly rest because Sunday would be the seventh shift otherwise.He can then compensate for the reduced rest in the 38 hours 45 mins. he is taking Sun/Tues. With the new rules that he must take a full weekly rest in one of any two fixed weeks he must then start a 45 hour break by the latest at 3.00am Saturday morning. If he is required to start before midnight Sunday then he must start his break that much earlier.
Sorry but that’s wrong on a couple of points.
You must start a weekly rest period no later than six 24 hour periods (144 hours) from the end of the last weekly rest period, you can fit as many shifts into that time as you like.
You’re correct in saying that a regular weekly rest period must be taken at-least every second week but you seem to be under the impression that the weekly rest period has to fit into the fixed week but it doesn’t, a weekly rest period that crosses 2 weeks (Sunday/Monday) can count for either week but not both.
A weekly rest period that starts even one minute before midnight Sunday can count for either week but not both weeks, so lets say you have a reduced weekly rest period in week 1 then start a regular weekly rest period just one minute before midnight Sunday of week 2, this is legal because the weekly rest period started 1 minute before midnight Sunday can count for week 2 even though most of the rest period would be in week 3
macplaxton:
tachograph:
If he has a regular weekly rest period starting before midnight next Sunday he will have to compensate for the 38¾ hours reduced weekly rest period by adding compensation of 6¼ hours onto any rest period of at-least 9 hours and it should be paid back by midnight on Sunday 16th September.I understand that the 38h 45m reduced weekly rest period would end Tues 4th Sept.
So should the compensation actually be paid back before midnight Sunday( between Sun/Mon) 30th September?
edit:
The way I’m reading it the 38¾ hours reduced weekly rest period will end on Tuesday 28th August not the 4th September, I could be wrong but that’s the way I’m reading it.
tachograph:
Welcome to Trucknet-UK SeagoonSeagoon:
The way I see it:
You may only do 6 shifts before taking a weekly rest therefore he must class his 28 hours Fri/Sat as his weekly rest because Sunday would be the seventh shift otherwise.He can then compensate for the reduced rest in the 38 hours 45 mins. he is taking Sun/Tues. With the new rules that he must take a full weekly rest in one of any two fixed weeks he must then start a 45 hour break by the latest at 3.00am Saturday morning. If he is required to start before midnight Sunday then he must start his break that much earlier.Sorry but that’s wrong on a couple of points.
You must start a weekly rest period no later than six 24 hour periods (144 hours) from the end of the last weekly rest period, you can fit as many shifts into that time as you like.
You’re correct in saying that a regular weekly rest period must be taken at-least every second week but you seem to be under the impression that the weekly rest period has to fit into the fixed week but it doesn’t, a weekly rest period that crosses 2 weeks (Sunday/Monday) can count for either week but not both.
A weekly rest period that starts even one minute before midnight Sunday can count for either week but not both weeks, so lets say you have a reduced weekly rest period in week 1 then start a regular weekly rest period just one minute before midnight Sunday of week 2, this is legal because the weekly rest period started 1 minute before midnight Sunday can count for week 2 even though most of the rest period would be in week 3
Thankyou for the clarification. I knew about the 6 by 24 but had forgotten that this did not necessarily equate to shifts. It had never occurred to me that one could use two reduced rests in the way that you describe. Hopefully I shall never need to do that,but handy to know in extremis.
Er, I think either I have calendar reading problems here 
, rather than rule problems (I blame the 3am brain)
edit: sleeping on this
tachograph:
edit:
The way I’m reading it the 38¾ hours reduced weekly rest period will end on Tuesday 28th August not the 4th September, I could be wrong but that’s the way I’m reading it.
Now your just confusing me too! I’m going to sleep on it until I can read a calendar
edit: rebooted the calendar and depend which fixed week the initial 61h falls in (and subsequently which fixed week the reduction falls in), it could either be by the 16th Sept as you said, or the 23rd when the compensation is required.
I was talking complete cobblers about the 30th. I think I’ll stick to thinking about these examples after a regular weekly rest
according to article 69 of the EU driver hours regulations,
he is only legal if it is the 4th leap year to fall upon the moons passing of the 29th day of the 2nd month of last years 2nd passing of the moons cycle.
however, a derorgation is allowed under section 69/2 but only in the event of increased temperatures created by far too much hot air from brussels.
if anyone can add to this crap, then please feel free.
ps. in response to the origional question. he is completely legal.
macplaxton:
edit: rebooted the calendar and depend which fixed week the initial 61h falls in (and subsequently which fixed week the reduction falls in), it could either be by the 16th Sept as you said, or the 23rd when the compensation is required.
You’re correct that the compensation could be required to be paid back by either week but look at it this way, we know for a fact that a regular weekly rest could count for the week before last but whether or not that regular weekly rest could be counted for last week will depend on variables we don’t know about, so best play safe and assume that it counted for the week before last and the reduced weekly rest periods counted for last week
That’s basically what I edited out of my last post but don’t ask why I edited it out because I don’t know 
tachograph:
That’s basically what I edited out of my last post but don’t ask why I edited it out because I don’t know
I know, I read it and wondered why you edited it
Sorry for Rogering this one up. 