raymonddaf:
Hey guys sorry for delay in replying been manic.
OK so there are actually two rest requirements.
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I cant work more than 144 hours (6 x 24hr days) continually without taking a weekly rest period of a min 24hrs (obv taking into account daily rests). Got that.
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The second requirement is how much rest that a driver has to take.
This regulation is based on a fixed week, Monday 00.00 to Sunday 00.00. And is based over 2 consecutive weeks.
In any 2 weeks (fixed weeks) a driver must have either:
2 regular weekly rest periods (2 x 45hrs)
or at-least 1 regular 45hrs and 1 reduced weekly rest period 24hrs.
Is that correct what I have said above? Over a fixed 2 week period 24hr in 1 week and 45 hrs in week 2?
For example, lets keep it simple and say i rest on a wed&thu so it does not span over 2 fixed weeks)
I could do week 1 45 hrs wed/thu, week 2 24hrs wed, week 3 45hrs wed/thu, week 4 24hrs wed and so on… Is that legal?
Where it starts to get a bit more complicated is that if it spans over the fixed week i can count in 1 week and not the other.
What im not getting is paying it back?
Yes you’re correct, in any 2 consecutive fixed weeks you must have either at least 2 regular weekly rests or 1 regular and 1 reduced, so week 1 + 2, 2 + 3, 3 + 4, 4 + 5 etc.
You only need a weekly rest in a fixed week by 1 minute for it to be eligible to be used in that week, but it can only be used in 1 week but not both, but you can’t leave a week without a weekly rest either.
When a fixed week is a reduced weekly rest, then the shortfall from 45 hours needs to be paid back in one go by attaching to to the end of a rest period if at least 9 hours and this must be paid back by the end of the 3rd fixed week after the fixed week the reduction is in, so reduce week 1, you have till 2400 on Sunday week 4 to have completed the compensation.
Most people when they reduce will have something like 36 hours off, finish Saturday 1800 and start back on Monday at 0600, so 9 hours short from 45. Then the following week they might finish on Friday at 1800 and start back on Monday at 0600, so 60 hours off, so that’s the 45 hours regular weekly rest plus upto 15 hours to be used for paying back compensation. So in the majority of cases the compensation will easily be paid back.