delboytwo:
i still stand by my answer and its week 7 and as long as you pay it back if you owe it that’s all that matters.
And there’s the thing, in this case he doesn’t owe it as that rest does not require compensation. So in this case the answer is neither week 7, week 8 or any other week as those 2 hours do not need to be compensated for.
delboytwo:
if the driver did not have an holiday and owed those two hours in week 4 it would be required to be paid back by week 7
Correct, before the end of week 7 but the driver did have a holiday and that can be used, if he so wishes, to avoid having to make the compensation.
delboytwo:
i for one would not take or use a back to back rest before i start work, it would and does confuse the issue of rest and when compensation as to be paid back
That’s your choice but it doesn’t really complicate things, it in fact removes the requirement for compensation which actually simplifies things. The OP asked for advice about his situation, not a general question on when compensation must be made, and that is an option open to him.
delboytwo:
the best way for this would be when you come back of your holiday you count that week as week 1 that then least clears up the week the reduction as to be paid back week by the end of the 3rd week following the week in question
If you choose not to use the back to back option it doesn’t matter what you call it, you compensate for it before the end of the third week following. If you choose to use the back to back option it doesn’t matter what you call that week, there is nothing to pay back.
delboytwo:
can i ask you something please in the regs what is the minimum rest you have to have in a fixed week
You’re doing it again, confusing in and within. Within a fixed week there is no defined minimum amount of hours required for weekly rest. In a fixed week you must have either a regular or reduced rest period, and a rest period can be in a fixed week by just 1 minute.
delboytwo:
and how much rest would you be required to have in two consecutive weeks
Two regular rest periods or one regular and one reduced. A figure in terms of hours (how much) is not defined in the regulations
delboytwo:
when does a two consecutive weeks start and end and how much rest in those weeks would be needed.
Starts 00:00 Monday and ends 14 days later at 24:00 Sunday. No amount of hours (how much) defined in the regulations. I gave you an example in a previous post where there were just 48 hours weekly rest within the two fixed week period and it could be a little less or a lot more. It will vary considerably depending when rest periods start and finish and whether regular or reduced periods are taken.
delboytwo:
Next headache
Oh goody.

delboytwo:
so lest look something
in the OP post he was on holiday in week 3 starts work in week 4 as had a rest for week 4 before he starts work so that one rest for that week then on sat he takes 43 hours rest which he do not use for rest in week 4 cos he had a rest
Correct
delboytwo:
does he count it as week 5 rest
No, he doesn’t need to
delboytwo:
or
does he have a rest on sat of week 5 which is the one he uses
He does.
delboytwo:
the rest in the middle is not used only for the 144 rule and therefore no counted in either week
Correct, it is only to prevent the driver working more than 144 hours, 6x24-hour periods, between weekly rests. It serves no other purpose, isn’t required for either week as there are other rest periods and requires no compensation because of that.
delboytwo:
is this what you lot are on about

It is.