OK, here’s one for you:
- Monday : Other Work
- Tuesday : Other Work
- Wednesday : Other Work
- Thursday : Other Work
- Friday : Other Work
- Saturday : Rest
- Sunday : Rest
[/*:m]
- Week 2
- Monday : Other Work
- Tuesday : Other Work
- Wednesday : Other Work
- Thursday : Other Work
- Friday : Other Work
- Saturday : Rest
- Sunday : Rest
[/*:m]
- Week 3
- Monday : Other Work
- Tuesday : Other Work
- Wednesday : Other Work
- Thursday : Rest
- Friday : Driving
- Saturday : Driving
- Sunday : Driving
[/*:m]
- Week 4
- Monday : Driving
- Tuesday : Driving
- Wednesday : Driving
- Thursday : Rest
- Friday : Driving
- Saturday : Rest
- Sunday : Driving
[/*:m]
- Week 5
- Monday : Driving
- Tuesday : Driving
- Wednesday : Driving
- Thursday : Driving
- Friday : Driving
- Saturday : Rest
- Sunday : Rest
[/*:m]
- Week 6
- Monday : Other Work
- Tuesday : Other Work
- Wednesday : Other Work
- Thursday : Other Work
- Friday : Other Work
- Saturday : Rest
- Sunday : Rest
[/*:m][/list:u]
To make things easier, here are some assumptions:
- Days marked “Rest” are full rest days from 00:00 to 24:00
- Days marked “Other Work” are rest from 00:00 to 09:00, other (non-transport-related) work from 09:00 to 18:00, then rest from 18:00 to 24:00.
- Days marked “Driving” are rest from 00:00 to 09:00, driving from 09:00 to 18:00, then rest from 18:00 to 24:00.
- All the other rules (4.5 hours driving/45 minutes break, maximum weekly and fortnightly driving time, WTD, etc.) are assumed to be legal. I am only interested in this from a weekly rest point of view.
So, legal or not?
I’ll let you know my opinion (and the reason why) when others have replied…
Not legal.
Week 1, 2 and 6 are irrelevant as they have no bearing on this question. There is no requirement for daily or weekly rest periods in those weeks under the Driver’s Hours Regulations, or the WTD as it applies to mobile workers, because no driving under EC Regulations was undertaken so they can be ignored.
The weekly rest in week 3 is 39 hours based on the times given - 18:00 Wednesday through to 09:00 Friday. The first weekly rest in week 4 is also 39 hours - 18:00 Wednesday through to 09:00 Friday. No problem with this as there is nothing in the regulations preventing a driver taking consecutive reduced weekly rest periods. However, this rest period does not remove the requirement for a full weekly rest period, 45 hours, to commence before the end of week 4 due to the reduced weekly rest in week 3, in any two week period the driver must take either 2 x full weekly rests or 1 x full and 1 x reduced.
This is where it is illegal because the next weekly rest period is also a reduced one - 39 hours from 18:00 Friday until 09:00 Sunday, this means reduced weekly rests in consecutive weeks which is illegal.
The next weekly rest is a full one at the end of week 5 so the requirements to take at least one full rest and one reduced in consecutive weeks have been met as far as week 4 and 5 are concerned.
Well, I would have said “legal” because:
Taking some quotes from the drivers’ hours regs:
2006/561 Article 4:
“regular weekly rest period” means any period of rest of at least 45 hours
2006/561 Article 8.6:
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. However, the reduction shall be compensated by an equivalent period of rest taken en bloc before the end of the third week following the week in question.
2006/561 Article 8.9:
A weekly rest period that falls in two weeks may be counted in either week, but not in both.
The weekly rest at the end of week 2 spans both weeks 2 and 3 (since it doesn’t finish until 9am on Monday morning). So, let’s say that I choose it to be in week 3 (as per article 8.9). Note that the regs say “at least 45 hours”, so the whole 63-hour period from 1800 Friday to 0900 Monday is one “regular weekly rest period”
Now,
- Weeks 1 and 2 contain a “normal weekly rest period” - the one at the end of week 1.
- Weeks 2 and 3 contain a “normal weekly rest period” - the one at the start of week 3.
- Weeks 3 and 4 contain a “normal weekly rest period” - the one at the start of week 3.
- Weeks 4 and 5 contain a “normal weekly rest period” - the one at the end of week 5.
- Weeks 5 and 6 contain a “normal weekly rest period” - the one at the end of week 5.
So, where have I gone wrong? 
MrFlibble:
So, where have I gone wrong?
Well first thing would be using anything that happened in weeks 1, 2 and 6 as they have no relevance due to the fact you did no work which falls under EC Driver’s Hours Regulations and therefore there are no requirements for daily or weekly rest periods in those weeks. If you are stopped in a control on the first driving day in week 3 you would need to produce all the records for that week and the previous 15 calender days, back to the Sunday of week 0. However you would only have records for Monday to Wednesday and the Friday, no record required for the Thursday as it was rest and no records required for the previous two weeks as you did not come under EU rules in that period. As you were not under EU rules in that period nothing from then has a bearing on the current week so all your calculations start from 00:00 Monday of week 3.
Secondly even when you have counted them to justify your answer of legal you have come up short because you are counting some rest periods in two weeks when a rest period can be counted in one or the other but not both.
You said
- Weeks 1 and 2 contain a “normal weekly rest period” - the one at the end of week 1.
That rest period would be for week 1 or week 2 but not both. If it is week 2 then you haven’t taken one in week 1. If it is week 1 then you will need another rest period for week 2 but -
- Weeks 2 and 3 contain a “normal weekly rest period” - the one at the start of week 3.
If you count this one in week 3 then you have no weekly rest for week 2. If you count it in week 2 that leaves week 3 with a reduced rest.
- Weeks 3 and 4 contain a “normal weekly rest period” - the one at the start of week 3.
But that leaves week 1 or 2 without a rest period.
All that is irrelevant anyway as weeks 1,2 and 6 have no bearing.
The regulations state A weekly rest period shall start no later than at the end of six 24-hour periods from the end of the previous weekly rest period. You didn’t have a previous weekly rest period prior to week 3 as you had not been under EC rules for at least the previous 2 weeks so you commence week 3 with a clean slate. In week 3 after 3x24 hour periods you took a reduced weekly rest, which is legal. After a further 6x24 hour periods you took another reduced weekly rest period, again this is fine as consecutive reduced rests are allowed. However because you took a reduced rest in week 3 you are required to commence a full rest before the end of week 4 and you didn’t, you took another reduced rest, after 1x24 hour period, meaning two consecutive weeks with reduced rest periods which is illegal. After a further 6x24 hour periods a full rest was taken in week 5 which is fine and means week 4 and 5 comply with the rules, it’s week 3 and 4 where the problem lies. The first problem being they are actually weeks 1 and 2 with week 5 being week 3 as the weeks you describe as weeks 1 and 2 are not counted. 
Do you work for vosa or do u just like all the technicalities coffee?. My eyes just glazed over before i was half way through reading everything. Luckily my work is very easy going and i never run that ‘close to the wire’ to have to worry about such things. Lucky me.
tortoise:
Do you work for vosa or do u just like all the technicalities coffee?
Neither, I don’t work for VOSA and I only know this stuff because it has been part of the job I’ve done for 23+ years - driving.