Mike-C:
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.
I merely point out that it’s legal, whether people use a rest period at the start of the week in the middle of the week or at the end of the week I care not one iota
ROG:
No matter what type of tacho is used does the driver need to record anything for a fixed week (or say 6 weeks) where no EU regs driving was done?
A symbol has to be entered, manually or automatically, for the time the card was out of a type 2 digital tachograph if that’s what you mean.
ROG:
If the answer is no (which I was very reliably informed it is) then what will the authorities deem the weekly rests to be in those weeks?
I’ve no idea what questions a particular DVSA bod would ask.
ROG:
Would the authorities deem any payback to have been completed?
As above, I don’t have extra sensory perception.
Anyway this is all irrelevant, the question was “does not driving for a whole week cancel out the reduced weekly rest?” to which the answer is legally no, well not unless enough rest has been taken to pay back the compensation anyway.
The question not asked but answered by you was “does not driving for a whole week mean I can get away with not paying back the compensation ?” to which I agree the answer is yes as long as you don’t tell anyone you was working.
ROG:
No matter what type of tacho is used does the driver need to record anything for a fixed week (or say 6 weeks) where no EU regs driving was done?
If the answer is no (which I was very reliably informed it is) then what will the authorities deem the weekly rests to be in those weeks?
Would the authorities deem any payback to have been completed?
So by your reckoning that this week doesn’t matter at all for the regs someone could finish there non driving job one week at say 22:00 Sunday evening and hit the road for a 15 hour shift at 00:15 on the Monday. That would be okay because he hasn’t driven for the whole of the week working for a different employer?
ROG:
No matter what type of tacho is used does the driver need to record anything for a fixed week (or say 6 weeks) where no EU regs driving was done?
If the answer is no (which I was very reliably informed it is) then what will the authorities deem the weekly rests to be in those weeks?
Would the authorities deem any payback to have been completed?
So by your reckoning that this week doesn’t matter at all for the regs someone could finish there non driving job one week at say 22:00 Sunday evening and hit the road for a 15 hour shift at 00:15 on the Monday. That would be okay because he hasn’t driven for the whole of the week working for a different employer?
It would be unsafe but would it be deemed illegal at a roadside check if no records are required?
I suspect that if they were not satisfied with answers given by driver then further checks would be made and if the previous work was official then it could be checked on via the tax office/DWP therefore landing the driver in very hot water
ROG:
No matter what type of tacho is used does the driver need to record anything for a fixed week (or say 6 weeks) where no EU regs driving was done?
If the answer is no (which I was very reliably informed it is) then what will the authorities deem the weekly rests to be in those weeks?
Would the authorities deem any payback to have been completed?
So by your reckoning that this week doesn’t matter at all for the regs someone could finish there non driving job one week at say 22:00 Sunday evening and hit the road for a 15 hour shift at 00:15 on the Monday. That would be okay because he hasn’t driven for the whole of the week working for a different employer?
It would be unsafe but would it be deemed illegal at a roadside check if no records are required?
I know the answer, I was asking you.
ROG:
I suspect that if they were not satisfied with answers given by driver then further checks would be made and if the previous work was official then it could be checked on via the tax office/DWP therefore landing the driver in very hot water
So now you are saying it does in fact matter what the OP has done in his other non driving job in that week because it does indeed have a bearing on things.
Driver drives mon to sat for 2 weeks in a row then does 2 weeks of non driving and gets stopped at a roadside check
The authority asks driver what they did on the first Monday of the 2 weeks non driving - driver cannot or chooses not to remember or perhaps the drives says that to the best of their recollection they had that Monday off …
ROG:
Driver drives mon to sat for 2 weeks in a row then does 2 weeks of non driving and gets stopped at a roadside check
The authority asks driver what they did on the first Monday of the 2 weeks non driving - driver cannot or chooses not to remember or perhaps the drives says that to the best of their recollection they had that Monday off …
What would the authority do?
You are missing the point here, not for the first time. The OP wanted a legal answer to his question about weekly rest and not some scenario about what would happen in a roadside check if a driver lies about his activities. Same as with the WTD questions, you’re initial response is almost without fail along the lines of don’t bother no one has ever been prosecuted and the authorities don’t care. Which is not the answer the person asking the question is looking for as they are usually asking about what is legal or not.
In regards to the question asked in this thread maybe you should have a read of the link you helpfully provided in the thread about jury service and see if that might point you toward the answer here. Got to be in a certain place at a certain time for a certain period for jury service so not free to dispose of your time and that’s pretty much the same situation for a job.
ROG:
Are you saying that a type 2 tacho needs to be informed of what has been done if the driver did no driving for a 6 week gap?
I am a little confused on this …
It will ask what you’ve been doing since the end of your last shift whether that was 9 hours ago or 9 weeks ago. You need to enter something.
Got it - I think
Does that mean the last 9 weeks need to be inputted? - how long would that take if the driver could remember that much !!
Wouldn’t take long. Depending which day of the week you have just put the card in on and what you’ve been doing that week it could be one entry or it could be a few entries.
ROG:
Are you saying that a type 2 tacho needs to be informed of what has been done if the driver did no driving for a 6 week gap?
I am a little confused on this …
It will ask what you’ve been doing since the end of your last shift whether that was 9 hours ago or 9 weeks ago. You need to enter something.
Got it - I think
Does that mean the last 9 weeks need to be inputted? - how long would that take if the driver could remember that much !!
Wouldn’t take long. Depending which day of the week you have just put the card in on and what you’ve been doing that week it could be one entry or it could be a few entries.
The OP wanted a legal answer to his question about weekly rest and not some scenario about what would happen in a roadside check if a driver lies about his activities. Same as with the WTD questions, you’re initial response is almost without fail along the lines of don’t bother no one has ever been prosecuted and the authorities don’t care. Which is not the answer the person asking the question is looking for as they are usually asking about what is legal or not.