Can a driver who hasn’t done any driving during the week, but has carried out other work, be exempt from having to have a weekly rest period, but he would be driving sometime in the following week?
legally, probably not. but can they prove you havn’t been to sunny prestantyn for the week?
andywalker:
Can a driver who hasn’t done any driving during the week, but has carried out other work, be exempt from having to have a weekly rest period, but he would be driving sometime in the following week?
You only need to comply with the weekly rest requirement in weeks (00:00 Monday to 24:00 Sunday) that you do some driving in-scope of EU regulations.
So the answer is “Yes there is an exemption”, well it’s not so much an exemption more that if you haven’t done any driving you don’t come in-scope of EU regulations, either way you don’t have to have a weekly rest period if you haven’t done any driving 
tachograph:
andywalker:
Can a driver who hasn’t done any driving during the week, but has carried out other work, be exempt from having to have a weekly rest period, but he would be driving sometime in the following week?You only need to comply with the weekly rest requirement in weeks (00:00 Monday to 24:00 Sunday) that you do some driving in-scope of EU regulations.
So the answer is “Yes”
not quite.
the two fireman that had worked all week, then drove lorries at the weekend.
the got in quite a bit of bother with the TC.
limeyphil:
tachograph:
andywalker:
Can a driver who hasn’t done any driving during the week, but has carried out other work, be exempt from having to have a weekly rest period, but he would be driving sometime in the following week?You only need to comply with the weekly rest requirement in weeks (00:00 Monday to 24:00 Sunday) that you do some driving in-scope of EU regulations.
So the answer is “Yes”
not quite.
the two fireman that had worked all week, then drove lorries at the weekend.
the got in quite a bit of bother with the TC.
But if they drove at the weekend they did some driving in the same week as the other work didn’t they
If I’m understanding the OPs question correctly he is saying that no driving is done one week but will be driving the following week and he wants to know if a weekly rest period is required for the week in which no driving was done, the answer is no if no driving is done from 00:00 Monday to 24:00 Sunday then no weekly rest period is required.
In fact you can drive on domestic regulations all week Monday to Sunday then the following week drive to EU regulations Monday to Saturday before needing to take a weekly rest period.
Page 29 - Rules on Drivers Hours and Tachographs
Rest periods and breaks
Again, you must always obey the EU rules on rest periods and breaks on days and weeks in which driving in scope of EU rules is carried out.
A weekly rest period is not required in a fixed week where a driver does not drive under EU rules.Where a driver works under EU rules in one week and under GB domestic rules in the following week, the driver may take either a regular or a reduced weekly rest in the first week. If the driver takes a reduced weekly rest, compensation will be required by the end of the third week following the week in question. If this working pattern continues, the driver may take either a regular or reduced weekly rest period every other week.
Where a driver works under GB domestic rules in week one and the EU rules in the second week, the weekly rest required in week two must start no later than 144 hours following the commencement of duty on or after 00.00 hours on Monday.
The driver worked 7 days ‘other work’, not driving under EU rules but was working. Therefore if he doesn’t need a weekly rest, then potentially he could work for 13 days without having any weekly rest? Is this legal?
andywalker:
The driver worked 7 days ‘other work’, not driving under EU rules but was working. Therefore if he doesn’t need a weekly rest, then potentially he could work for 13 days without having any weekly rest? Is this legal?
Yes it is legal, in fact you could work every day for a month or more before having a weekly rest period as long as you were not driving in-scope of EU regulations until the last fixed week.
There are one or two strange anomalies in the EU regulations
Sorry, i didn’t explain very well, he worked 7 days other work without my knowledge, then i did have some driving jobs the following week, which i didn’t let him carry out because he hadn’t had any weekly rest, are you saying i was wrong about this, because i would have thought that if he had had an accident or been pulled over by vosa, we would have been in the ■■■ ■■■ for him working over that period of time?
andywalker:
Sorry, i didn’t explain very well, he worked 7 days other work without my knowledge, then i did have some driving jobs the following week, which i didn’t let him carry out because he hadn’t had any weekly rest, are you saying i was wrong about this, because i would have thought that if he had had an accident or been pulled over by vosa, we would have been in the ■■■ ■■■ for him working over that period of time?
As long as he didn’t drive in-scope of EU regulations in the fixed week prior to driving for you he could have legally done the driving for you.
Check the link in my previous post, it’s a link to the VOSA guide to the drivers regulations, page 29 states that “A weekly rest period is not required in a fixed week where a driver does not drive under EU rules”.
The EU regulations only apply in fixed weeks when a driver is in-scope of the EU regulations and that’s only when he drives in-scope of EU regulations in that fixed week 00:00 Monday to 24:00 Sunday.
He could have worked the previous 70 consecutive days without driving and still legally driven for you
Ok, i’ve just seen that line, thought it might have been on page 23 with other part about weekly rest. Does this mean that it doesn’t count towards the Working time regulations which is based over 26 weeks too?
andywalker:
Ok, i’ve just seen that line, thought it might have been on page 23 with other part about weekly rest. Does this mean that it doesn’t count towards the Working time regulations which is based over 26 weeks too?
That’s correct, only time worked as a mobile worker counts towards the RT(WT)R 2005, so assuming that the other work wasn’t road transport related in such a way that it would count him as a mobile worker then it doesn’t count towards the working time regulations for mobile workers.
tachograph:
andywalker:
Ok, i’ve just seen that line, thought it might have been on page 23 with other part about weekly rest. Does this mean that it doesn’t count towards the Working time regulations which is based over 26 weeks too?That’s correct, only time worked as a mobile worker counts towards the RT(WT)R 2005, so assuming that the other work wasn’t road transport related in such a way that it would count him as a mobile worker then it doesn’t count towards the working time regulations for mobile workers.
Don’t think that’s quite right. If you work under eu regs for more than 10 days in a reference period (17 or 18 weeks) you are covered by the rtd. Any work you do counts towards your average 48 hours per week whether it is driving, cleaning or working in a bar. If you work/drive once to 10 times in a reference period you are an occasional driver, and you don’t have to worry about the 48 hours average under the rtd. If you don’t do any work/driving under eu rules you don’t have to worry about the rtd.
This is the reason I have a clause in my drivers contract of employment which states they must inform me of any other work undertaken for other employers as it could affect their rest times and their rtd calculations.
limeyphil:
tachograph:
andywalker:
Can a driver who hasn’t done any driving during the week, but has carried out other work, be exempt from having to have a weekly rest period, but he would be driving sometime in the following week?You only need to comply with the weekly rest requirement in weeks (00:00 Monday to 24:00 Sunday) that you do some driving in-scope of EU regulations.
So the answer is “Yes”
not quite.
the two fireman that had worked all week, then drove lorries at the weekend.
the got in quite a bit of bother with the TC.
greedy sods! they get paid £35k a year lol
I think it was member geebee45 who mentioned that this type of thing was legal -
Driver on domestic regs drives an artic every day, 7 days a week for 9 months and then does mon to sat inclusive under EU regs with sunday off and then goes back to what they were doing on domestic regs
does seem daft on the face of it
ROG:
I think it was member geebee45 who mentioned that this type of thing was legal -Driver on domestic regs drives an artic every day, 7 days a week for 9 months and then does mon to sat inclusive under EU regs with sunday off and then goes back to what they were doing on domestic regs
does seem daft on the face of it
As we know, there are some daft rules in the law, but the important thing here is Monday 00.00 is a new week and no one has driven anything in that week.
There are no breaks required if driving a lorry under British domestic rules, but there are rules in Northern Ireland where you have to take 30 minutes break after 5 hours. If you drive a bus, you can drive for 5h.30m before taking a break. 
Now tell me why we must stop at 4.5hours
Wheel Nut:
Now tell me why we must stop at 4.5hours
Cos a ‘suit’ in the EU says so … 