Can somebody tell me if this is legal? Had two week off,next week worked mon tues weds till 5pm, start again Sat morn at 5am (56hrs)worked until next weds 5pm start again Friday 5am(36),same time off following week(36 hours),then had a week off. Basically had two reduced in a row but paid back either side of them 2 reduced.
Boris1971:
Can somebody tell me if this is legal? Had two week off,next week worked mon tues weds till 5pm, start again Sat morn at 5am (56hrs)worked until next weds 5pm start again Friday 5am(36),same time off following week(36 hours),then had a week off. Basically had two reduced in a row but paid back either side of them 2 reduced.
See if I have this correct … ■■?
off 2 weeks
work mon tue wed
off thu fri
work sat sun mon tue wed
off thu
work fri
then I am lost a bit on the rest
Boris1971:
Can somebody tell me if this is legal? Had two week off,next week worked mon tues weds till 5pm, start again Sat morn at 5am (56hrs)worked until next weds 5pm start again Friday 5am(36),same time off following week(36 hours),then had a week off. Basically had two reduced in a row but paid back either side of them 2 reduced.
If I’m understanding correctly your work pattern was like this, if that’s correct when did you start the weeks rest ?
If that’s the correct shift pattern and you started the week off any later than 23:59 Sunday of week 3 it was not legal.
Sorry not quite clear in first post. All the above correct apart from week 4 which was another 56 hour rest.
Boris1971:
Sorry not quite clear in first post. All the above correct apart from week 4 which was another 56 hour rest.
After thu of week 3 what did you do?
Boris1971:
Sorry not quite clear in first post. All the above correct apart from week 4 which was another 56 hour rest.
To tell you whether or not you can expect an infringement we need to know exactly when you started the week off, it all hangs on exactly when your last shift ended before the weeks rest.
Had you started the weeks rest by 23:59 Sunday of week 3 ?
After Thursday’s of week 3 I worked until wednesday of week 4 (not exceeding 144) and had the rest of the week off.
Boris1971:
After Thursday’s of week 3 I worked until wednesday of week 4 (not exceeding 144) and had the rest of the week off.
Sorry to say that was not legal, you went 2 consecutive weeks (weeks 2 and 3) with only reduced weekly rest periods which is a definite no no.
In any 2 weeks you must have either 2 regular weekly rest periods or at-least one regular and one reduced weekly rest period, in other words you must have a regular 45 hour weekly rest period at-least every second week.
There’s an infringement winging it’s way to you I’m afraid 
tachograph:
Boris1971:
After Thursday’s of week 3 I worked until wednesday of week 4 (not exceeding 144) and had the rest of the week off.Sorry to say that was not legal, you went 2 consecutive weeks (weeks 2 and 3) with only reduced weekly rest periods which is a definite no no.
In any 2 weeks you must have either 2 regular weekly rest periods or at-least one regular and one reduced weekly rest period, in other words you must have a regular 45 hour weekly rest period at-least every second week.
There’s an infringement winging it’s way to you I’m afraid
Not sure were you get your info from, but the highlighted part is the only part that’s correct.
Week 1 - 45 hours regular weekly rest.
Week 2 - 36 hours reduced weekly rest.
Week 3 - 27 hours reduced weekly rest.
Week 4 - 45 hours regular weekly rest.
The above is legal as (in any 2 weeks), weeks 1 & 2 include a regular & reduced weekly rest period, as do weeks 3 & 4.
bluenose:
Week 1 - 45 hours regular weekly rest.
Week 2 - 36 hours reduced weekly rest.
Week 3 - 27 hours reduced weekly rest.
Week 4 - 45 hours regular weekly rest.The above is legal as (in any 2 weeks), weeks 1 & 2 include a regular & reduced weekly rest period, as do weeks 3 & 4.
ANY TWO WEEKS so I choose weeks 2 & 3 as the only any two weeks I am looking at and so can the DVSA
Any two weeks means weeks
1 + 2
2 + 3
3 + 4
bluenose:
tachograph:
Boris1971:
After Thursday’s of week 3 I worked until wednesday of week 4 (not exceeding 144) and had the rest of the week off.Sorry to say that was not legal, you went 2 consecutive weeks (weeks 2 and 3) with only reduced weekly rest periods which is a definite no no.
In any 2 weeks you must have either 2 regular weekly rest periods or at-least one regular and one reduced weekly rest period, in other words you must have a regular 45 hour weekly rest period at-least every second week.
There’s an infringement winging it’s way to you I’m afraid
Not sure were you get your info from, but the highlighted part is the only part that’s correct.
Week 1 - 45 hours regular weekly rest.
Week 2 - 36 hours reduced weekly rest.
Week 3 - 27 hours reduced weekly rest.
Week 4 - 45 hours regular weekly rest.The above is legal as (in any 2 weeks), weeks 1 & 2 include a regular & reduced weekly rest period, as do weeks 3 & 4.
And what about weeks 2 and 3 ?
The example you’ve given is not legal and will result in an infringement as there has been no regular weekly rest period taken in either week 2 or week 3, which themselves are consecutive weeks.
Article 8 - (EC) 561/2006 is where I get my information from
- In any two consecutive weeks a driver shall take at least:
– two regular weekly rest periods, or
– one regular weekly rest period and one reduced weekly
rest period of at least 24 hours.
I also interpret it that way. As long as week 1 and 2(consecutive fixed weeks)and 3 and 4(consecutive fixed weeks)have a regular rest and all reduced hours are paid back then it is ok. It does not say any two weekly period like with drivers hours. It says ‘two consecutive fixed weeks’. It’s slightly open to interpretation.
Boris1971:
I also interpret it that way. As long as week 1 and 2(consecutive fixed weeks)and 3 and 4(consecutive fixed weeks)have a regular rest and all reduced hours are paid back then it is ok. It does not say any two weekly period like with drivers hours. It says ‘two consecutive fixed weeks’. It’s slightly open to interpretation.
No its not - it is very clear
Please tell me that weeks 2 and 3 are not two consecutive weeks or in plain English - two fixed weeks next to each other 
Boris1971:
I also interpret it that way. As long as week 1 and 2(consecutive fixed weeks)and 3 and 4(consecutive fixed weeks)have a regular rest and all reduced hours are paid back then it is ok. It does not say any two weekly period like with drivers hours. It says ‘two consecutive fixed weeks’. It’s slightly open to interpretation.
There is only one valid interpretation of the words “any two consecutive weeks”, and that is any two weeks that follow one-another.
Weeks 2 and 3 are consecutive, as are weeks 1 and 2, and weeks 3 and 4.
Click the link below.
- Following one after another without interruption
If you read any two weeks it means any two weeks. But by putting the word consecutive ,one following another as pointed out ,this implies a two week period followed by consecutive ,another two period. Week 1 and 2, followed by week 3 and 4. If you grabbed 100 people off the street and gave them the two different answers you would get a mixed response. It is ambiguous.
Why does it not say any two week period?
Boris1971:
Why does it not say any two week period?
It does in legal terminology but not in plain English
They could have put - any two fixed weeks next to each other - but that is not how law is usually written
Boris1971:
If you read any two weeks it means any two weeks. But by putting the word consecutive ,one following another as pointed out ,this implies a two week period followed by consecutive ,another two period. Week 1 and 2, followed by week 3 and 4. If you grabbed 100 people off the street and gave them the two different answers you would get a mixed response. It is ambiguous.
Using your logic … I am going to change the fixed week numbers
Week 1 - holiday regular weekly rest.
Week 2 - 45 hours regular weekly rest.
Week 3 - 36 hours reduced weekly rest.
Week 4 - 27 hours reduced weekly rest.
Week 5 - 45 hours regular weekly rest.
Week 6 - holiday regular weekly rest.
Now using your logic how do weeks 3 + 4 work out?
Well it does not if you isolate them but it would not happen because you would of used 2 and 3 as the consecutive weeks. Going back to plain English why use it it one part of the rules, hours eg 90 hours in any two week period, but not in another part of the same document unless it has a different meaning.
Boris1971:
Well it does not if you isolate them but it would not happen because you would of used 2 and 3 as the consecutive weeks.
YOU are CHOOSING to do that so if you can choose to do that then the authorities can CHOOSE to do weeks 3 and 4
What makes you think that your choice is the one that must be used?