Hi mate the 2 hours would have to be paid back by the end of the 3 week following the week in question the other weeks have no baring on it cos you had a holiday
IE week one 2 hours rest owed
week two 45 hours rest
week three 45 hours rest
week four 45+2 rest and it would have to be completed by 23.59 sun all your rest would have to be done by then
the alternative is add it to add it to one of you daily rest of 9 or 11
steve_24v:
Week 1: run in sat finished 11:00, 3 hrs total, start 16:00 Sunday run 3 hrs
Week 2: run in sat finished 11:00, 3 hrs total
Week 3: Hols
Week 4: run in sat finished 11:00, 3 hrs total
Monday’s usually 06:00 start, is this legal as long as I payback 2 hours by week eight ?
Also, I assume I should be getting back for 09:00 sat if I need to start 06:00 monday on a regular basis ?
I’d say you’re correct on both questions.
I’m going to stick my neck out and say “Yes” it’s legal if you pay back the 2 hours compensation by the end of week 8.
Some people may disagree with this because they say you can’t have two weekly rest periods back to back, but I can’t find anything in the regs to back that up, so assuming that you did not start on Sunday of week 4 I’d say you started week 4 with a full weekly rest period and the last reduced weekly rest is for week 5, therefore compensation should be paid back by the end of week 8.
I’ll wait to be proved wrong though
Compensation for a reduced weekly rest should be paid back by the end of the third week following the week in which the reduced weekly rest was taken.
Also, Yes you should be finishing by 09:00 Saturday if you want to regularly start at 06:00 Mondays.
hi mate it week 7 that the rest would have to be paid back mate
tachograph:
Compensation for a reduced weekly rest should be paid back by the end of the third week following the week in which the reduced weekly rest was taken.
he took the reduced rest in week 4 so going on your quote the the rest would have to be paid back by the end of week 7 see my post above
hi mate it week 7 that the rest would have to be paid back mate
tachograph:
Compensation for a reduced weekly rest should be paid back by the end of the third week following the week in which the reduced weekly rest was taken.
he took the reduced rest in week 4 so going on your quote the the rest would have to be paid back by the end of week 7 see my post above
A weekly rest that overlaps two weeks (Sunday/Monday) can count for either week but not both, therefore I see no reason why the reduced weekly rest shouldn’t be counted for week 5.
Assuming that week 4 wasn’t started until after 00:01 Monday he started week 4 with a weekly rest period of 45 hours.
If the reduced weekly rest was counted for week 5 (as I believe to be legal) then the compensation needs to be paid back by the end of week 8.
As I said I’ll wait to be shown to be wrong though
the rest that was reduced for week for as you said he can’t use it for both week but just one so going on that that rest would now be w1 and it would have to be paid back by the end of w4
week 1
week 2
week 3
week 4 rest 2h owe week 1
week 5 rest 45h week 2
week 6 rest 45h week 3
week 7 rest 45h+2h week 4 end of 23.59 sun
i would like to add the rest was taken in week 4 and as the regs say
tachograph:
Compensation for a reduced weekly rest should be paid back by the end of the third week following the week in which the reduced weekly rest was taken.
is rest started in week 4 so that would be the week were the reduced rest took place
delboytwo:
i would like to add the rest was taken in week 4 and as the regs say
tachograph:
Compensation for a reduced weekly rest should be paid back by the end of the third week following the week in which the reduced weekly rest was taken.
is rest started in week 4 so that would be the week were the reduced rest took place
and that’s why it would be week 7
Where in the regulations does it say that a reduced weekly rest has to be counted for the week in which it started
delboytwo:
i would like to add the rest was taken in week 4 and as the regs say
tachograph:
Compensation for a reduced weekly rest should be paid back by the end of the third week following the week in which the reduced weekly rest was taken.
is rest started in week 4 so that would be the week were the reduced rest took place
and that’s why it would be week 7
Where in the regulations does it say that a reduced weekly rest has to be counted for the week in which it started
the regs base the week on a fixed week so week 1 is week one week two is week two
so if you took a rest in week one would that not be week one please look at your gv262 tachograph on page 18 you well see an example
For example, where a driver reduces a weekly rest period to 33 hours in week 1, he must compensate
for this by attaching a 12-hour period of rest to another rest period of at least 9 hours before the end of
week 4. This compensation cannot be taken in several smaller periods.
Pages 18 and 19 of the guide you keep referring to
Note: An actual working week starts at the end of a weekly rest period, and finishes when another
weekly rest period is commenced, which may mean weekly rest is taken in the middle of a fixed
(Monday to Sunday) week. This is perfectly acceptable — the working week is not required to be aligned with the ‘fixed’ week contained in the rules, provided all the relevant limits are complied with.
A weekly rest period that falls in two weeks may be counted in either week but not in both. However, a rest period of at least 69 hours in total may be counted as two back-to-back weekly rests (e.g. a 45-hour weekly rest followed by 24 hours), provided that the driver does not exceed 144 hours’ work either before or after the rest period in question.
An actual working week starts at the end of a weekly rest period, and finishes when another
weekly rest period is commenced
so the end of his rest was Monday and he commenced a rest on sat so that would be week one
he than does week 2 as 45 off week 3 as 45 off so we come to week 4 he would have to pay back the 2 hours which he add to his rest which is week 7 in his post not week 8
Week 3 he has a weekly rest period of over 45 hours and pays back the compensation of 16 hours owed from week 1, as far as I can see there’s no reason why his next weekly rest can’t start 45 hours before he resumes work in week 4, therefore if he re-starts work after the holiday any time after 00:01 Monday the 45 hours rest he’s just had can be counted for week 4.
The next reduced weekly rest will count for week 5 so the compensation needs to be paid back by the end of week 8.
Like I said before, I’ll wait for someone to prove this wrong but you haven’t yet
edit: I said in my first post that I was sticking my neck out saying week 8, I still believe the compensation has to be paid back by the end of week 8 as long as work isn’t started in week 4 before Monday.
However I don’t want to be responsible for putting anyone wrong so I’m going to suggest that steve_24v takes no chances and pays back the compensation by the end of week 7.
At least until what I’ve said has been properly discussed and proven to be correct
delboytwo:
An actual working week starts at the end of a weekly rest period, and finishes when another
weekly rest period is commenced
in week 4 of the original post did start work on Monday so this bit
Mon was the first day back at work
An actual working week starts at the end of a weekly rest period
then he finished at 11am Saturday so this bit come in
and finishes when another
weekly rest period is commenced
so that is the week he took the reduced rest which would be week one so the compensation would have to be paid back at the end of the 4 week which is end of week 7
i have been told many times on here by a few not to confuse the OP question by adding other thing to it so why are you if you don’t thing about him using the rest from holiday and take as what he wrote we will get there
steve_24v:
Also, I assume I should be getting back for 09:00 sat if I need to start 06:00 monday on a regular basis ?
It would be a good idea if doing this every week as it gives you a full weekly rest of 45 every week.
or better still - have a holiday every third week
tachograph:
What have I added to the original question ?
you have,
tachograph:
A weekly rest period that falls in two weeks may be counted in either week but not in both. However, a rest period of at least 69 hours in total may be counted as two back-to-back weekly rests (e.g. a 45-hour weekly rest followed by 24 hours), provided that the driver does not exceed 144 hours’ work either before or after the rest period in question.
in the back to back rest not many driver no of that one so why confuse him
and one more thing as he was on holiday in week three how would he be able to use the back to back rest thing anyway that weekend before he started was part of his holiday and not a rest
tachograph:
What have I added to the original question ?
you have,
tachograph:
A weekly rest period that falls in two weeks may be counted in either week but not in both. However, a rest period of at least 69 hours in total may be counted as two back-to-back weekly rests (e.g. a 45-hour weekly rest followed by 24 hours), provided that the driver does not exceed 144 hours’ work either before or after the rest period in question.
in the back to back rest not many driver no of that one so why confuse him
Del if we only said what people already know what would be the point of bothering to reply to any post
I mean … they’d already know the answer wouldn’t they