Hi
I think I understand weekly rest as in
45hrs block each week can be reduced to 24hrs (but not in consecutive weeks)
any reduction must be made up in a block by the end of the 3rd week.
So I now have 2 questions
Can I make up a reduced weekly rest period in the same week it was reduced?
i.e reduce to 40hrs then later in the week have a 16hr daily rest (9hr daily + 5hr compensation)
If I reduce my weekly rest in week 1 then don’t drive the following week does not driving for a whole week cancel out the reduced weekly rest? (I work 2 jobs one driving one not)
Jagang:
Hi
I think I understand weekly rest as in
45hrs block each week can be reduced to 24hrs (but not in consecutive weeks)
any reduction must be made up in a block by the end of the 3rd week.
So I now have 2 questions
Can I make up a reduced weekly rest period in the same week it was reduced?
i.e reduce to 40hrs then later in the week have a 16hr daily rest (9hr daily + 5hr compensation)
Yes you can pay back compensation in the same week as the reduced weekly rest period.
The example you gave is perfectly legal as long as you have a reduced daily rest period available.
If I reduce my weekly rest in week 1 then don’t drive the following week does not driving for a whole week cancel out the reduced weekly rest? (I work 2 jobs one driving one not)
No, a reduced weekly rest period can only legally be compensated for with a rest period, if you’re working you’re not resting regardless of whether or not you do any driving.
Thanks in advance for any help you can give
You’re welcome
Jagang:
Hi
I think I understand weekly rest as in
45hrs block each week can be reduced to 24hrs (but not in consecutive weeks)
any reduction must be made up in a block by the end of the 3rd week.
So I now have 2 questions
Can I make up a reduced weekly rest period in the same week it was reduced?
i.e reduce to 40hrs then later in the week have a 16hr daily rest (9hr daily + 5hr compensation)
If I reduce my weekly rest in week 1 then don’t drive the following week does not driving for a whole week cancel out the reduced weekly rest? (I work 2 jobs one driving one not)
Thanks in advance for any help you can give
1 = yes
2 = the non driving week (sunday midnight to sunday midnight) does not need records for the EU regs so will assumed to be a regular weekly rest week
ROG:
2 = the non driving week (sunday midnight to sunday midnight) does not need records for the EU regs so will assumed to be a regular weekly rest week
Assumed by who ?
If he’s working for the same company a check of the companies records would show that he hadn’t had a weeks rest, furthermore putting a weeks rest period into a digital tachograph would be falsifying records would it not.
ROG:
2 = the non driving week (sunday midnight to sunday midnight) does not need records for the EU regs so will assumed to be a regular weekly rest week
Assumed by who ?
If he’s working for the same company a check of the companies records would show that he hadn’t had a weeks rest, furthermore putting a weeks rest period into a digital tachograph would be falsifying records would it not.
No records required for non driving weeks so at a roadside check the driver MAY be asked what he did for non driving times especially if a whole week - if they are suspicious of answer then they might check whether same or different companies
I would certainly not condone doing false records = BIG NO NO
PS - it was geebee45 who stated that is the assumption unless proved otherwise
ROG:
2 = the non driving week (sunday midnight to sunday midnight) does not need records for the EU regs so will assumed to be a regular weekly rest week
Assumed by who ?
If he’s working for the same company a check of the companies records would show that he hadn’t had a weeks rest, furthermore putting a weeks rest period into a digital tachograph would be falsifying records would it not.
No records required for non driving weeks so at a roadside check the driver MAY be asked what he did for non driving times especially if a whole week - if they are suspicious of answer then they might check whether same or different companies
I would certainly not condone doing false records = BIG NO NO
PS - it was geebee45 who stated that is the assumption unless proved otherwise
So if he’s using a type 2 digital tachograph what does he enter for the time between driving shifts ?
Because a type 2 digital tachograph will insist on something being entered.
ROG:
I assume you mean when not on shift = rest period
He’s already said he’ll be working the week.
Actually I’ve just notice he has two jobs so he can get away with it if he wants, but technically it will be falsifying records if he books rest on a type 2 digital tachograph for the whole week so best keep quiet if he’s going to wing it.
I was having this same conversation with a guy at work today.
If he’s doing other work on a non driving day, it should be recorded as such but otherwise it may be reasonably assumed that rest has been taken.
Section 4 of the rules has it worded as follows-
QUOTE:
Rest and other days off
The period of time unaccounted for between successive charts produced by a driver should normally be regarded as (unless there is evidence to the contrary) a rest period when drivers are able to dispose freely of their time. In the UK, drivers are not expected to account for this period, unless enforcement authorities have reason to believe that they were working
END QUOTE.
Gembo:
I was having this same conversation with a guy at work today.
If he’s doing other work on a non driving day, it should be recorded as such but otherwise it may be reasonably assumed that rest has been taken.
Section 4 of the rules has it worded as follows-
QUOTE:
Rest and other days off
The period of time unaccounted for between successive charts produced by a driver should normally be regarded as (unless there is evidence to the contrary) a rest period when drivers are able to dispose freely of their time. In the UK, drivers are not expected to account for this period, unless enforcement authorities have reason to believe that they were working
END QUOTE.
Yes I agree but there’s a big difference between charts and a type 2 digital tachograph.
On a type 2 digital tachograph when you insert the driver card you are prompted to input an activity for the time since the card was ejected.
Thanks for the quick responses
My non-driving job is with a different company to the driving work I do and is making monitoring my hours tricky to say the least.
I know I keep within my weekly, fortnightly and average working hours, but was a little concerned I was not getting my weekly rest.
It doesn’t help that my non driving job runs a week Sunday-Saturday and so i technically work 6 days some weeks for them.
Gembo:
I was having this same conversation with a guy at work today.
If he’s doing other work on a non driving day, it should be recorded as such but otherwise it may be reasonably assumed that rest has been taken.
Section 4 of the rules has it worded as follows-
QUOTE:
Rest and other days off
The period of time unaccounted for between successive charts produced by a driver should normally be regarded as (unless there is evidence to the contrary) a rest period when drivers are able to dispose freely of their time. In the UK, drivers are not expected to account for this period, unless enforcement authorities have reason to believe that they were working
END QUOTE.
Yes I agree but there’s a big difference between charts and a type 2 digital tachograph.
On a type 2 digital tachograph when you insert the driver card you are prompted to input an activity for the time since the card was ejected.
Ahh, got you. Didn’t know that TBH. I use a digi but its an early one, 2007. It only asks for any additional activities for the day I took the card out.
Jagang:
Thanks for the quick responses
My non-driving job is with a different company to the driving work I do and is making monitoring my hours tricky to say the least.
I know I keep within my weekly, fortnightly and average working hours, but was a little concerned I was not getting my weekly rest.
It doesn’t help that my non driving job runs a week Sunday-Saturday and so i technically work 6 days some weeks for them.
Try to think of it as working for the same person/ company all the time, it’ll make it easier to keep track of.
Basicly one of them has to give to ensure you get sufficient weekly rest.
Jagang:
Hi
I think I understand weekly rest as in
45hrs block each week can be reduced to 24hrs (but not in consecutive weeks)
any reduction must be made up in a block by the end of the 3rd week.
By the end of the third week FOLLOWING the reduction. This means if you reduce in week 1 you have until the end of week 4 to compensate
Jagang:
Hi
I think I understand weekly rest as in
45hrs block each week can be reduced to 24hrs (but not in consecutive weeks)
any reduction must be made up in a block by the end of the 3rd week.
By the end of the third week FOLLOWING the reduction. This means if you reduce in week 1 you have until the end of week 4 to compensate
Unless you working one of them fancy rests often mooted here that you start before you work your week, in which case the week following your reduction will be week 3.
Jagang:
Hi
I think I understand weekly rest as in
45hrs block each week can be reduced to 24hrs (but not in consecutive weeks)
any reduction must be made up in a block by the end of the 3rd week.
By the end of the third week FOLLOWING the reduction. This means if you reduce in week 1 you have until the end of week 4 to compensate
Unless you working one of them fancy rests often mooted here that you start before you work your week, in which case the week following your reduction will be week 3.
Depends how you look at it though, if you consider week 1 to be the week you have a reduced weekly rest period for then 3 weeks after that would be week 4.
On the other hand if you consider the week you have a reduced weekly rest period for as week 0 the third week after that would be week 3.
Jagang:
Hi
I think I understand weekly rest as in
45hrs block each week can be reduced to 24hrs (but not in consecutive weeks)
any reduction must be made up in a block by the end of the 3rd week.
By the end of the third week FOLLOWING the reduction. This means if you reduce in week 1 you have until the end of week 4 to compensate
Unless you working one of them fancy rests often mooted here that you start before you work your week, in which case the week following your reduction will be week 3.
Depends how you look at it though, if you consider week 1 to be the week you have a reduced weekly rest period for then 3 weeks after that would be week 4.
On the other hand if you consider the week you have a reduced weekly rest period for as week 0 the third week after that would be week 3.
But who works in week 0
All i’m going to say is…back to back rests and counting your rest for the week of which you have yet to work. You are a proponent of it.
The difference between you doing this (as you advocate) and taking (or counting it) for the week you have actually just worked is actually a “week”. Hence…week 4 or week 3. It makes a difference.
