Weekly Rest

Anyone know if this is legal?
45hr break 6 shifts 24hr break 5 shifts 24 hr 6 shifts 66hr break.

I would have thought no, as the weekly rest reduction has to be taken en-bloc by the end of the 3rd week attached to another rest period. 2 times 21hour reductions = 42 hours to be made up. Attached to another weekly rest period 87 hours would need to be taken, I assume.

I await correction of course.

harry james:
Anyone know if this is legal?
45hr break 6 shifts 24hr break 5 shifts 24 hr 6 shifts 66hr break.

If i read that right i would say no, but thats only if i read it right.

45 hrs rest.
then 6 work periods.
then reduced rest of 24 hrs (leaving 21 hrs to pay back)
then 5 work periods
the reduced rest of 24 hrs (leaving another 21 hrs to pay back)
then 6 work periods
then as it is the end of the third week you need a full weekly rest of 45 hrs and you have tp pay back the 2X21 hrs from the previous reduced rests.

Total rest period should then be 45hrs+21hrs+21hrs=87 hrs.

I believe this is correct however im sure someone else will be along to correct me if it is wrong, but thats how i do it and it seems ok so far.

Madguy :smiling_imp:

harry james:
Anyone know if this is legal?
45hr break 6 shifts 24hr break 5 shifts 24 hr 6 shifts 66hr break.

There’s not enough information to give an answer.

When is the 45 hour weekly rest period (rough times and days) ?

What/when was you weekly rest period before the 45 hour rest period ?

Are the shifts days or nights ?

A fixed week (week) is from sunday midnight to sunday midnight

A weekly rest must be in (at least 1 minute will do) a fixed week so it can count as the weekly rest for that week

A full weekly rest must be counted at least once in any two consecutive weeks (any two back to back weeks/fortnight)
That would be weeks 1&2 2&3 3&4 etc etc

A weekly rest can only be counted (used) once

Do your weekly rests conform to the above?

Unable to answer the OP because I would need the days/dates for what weekly rests have been taken over the past weeks/months to determine what weekly rests have counted for each of the preceeding weeks and on what days/dates the shifts have been done in the first post

madguy:

harry james:
Anyone know if this is legal?
45hr break 6 shifts 24hr break 5 shifts 24 hr 6 shifts 66hr break.

If i read that right i would say no, but thats only if i read it right.

45 hrs rest.
then 6 work periods.
then reduced rest of 24 hrs (leaving 21 hrs to pay back)
then 5 work periods
the reduced rest of 24 hrs (leaving another 21 hrs to pay back)
then 6 work periods
then as it is the end of the third week you need a full weekly rest of 45 hrs and you have tp pay back the 2X21 hrs from the previous reduced rests.

Total rest period should then be 45hrs+21hrs+21hrs=87 hrs.

I believe this is correct however im sure someone else will be along to correct me if it is wrong, but thats how i do it and it seems ok so far.

Madguy :smiling_imp:

The 21 hour payback times only need to be completed before the end (sunday midnight) of week 4 if the payback was from week 1

harry james:
Anyone know if this is legal?
45hr break 6 shifts 24hr break 5 shifts 24 hr 6 shifts 66hr break.

Although this cannot be answered I can give an example where it would be legal …

45 hour break ending on monday morning and (the VERY important bit) that full weekly rest counting for the the week in which the first 6 six shifts are done - if it counts for the week just finished (the week before) then this does not work !!

6 shifts worked with the full weekly rest above counting for this which we will call week 1
reduced weekly rest
5 shifts worked = week 2
reduced weekly rest
6 shifts worked = week 3
full weekly rest to be counted for week 3

if both reduced weekly rests are in week 2 then either can be chosen as the reduced weekly rest for week 2 and the unused one does not need compensating for but needs to be there to prevent more than 144 hours being done without a weekly rest

That is one way this would be legal

Basically, the driver has started off with weekly rests at the start of the week and ended up with weekly rests at the end of the week

ROG:

madguy:

harry james:
Anyone know if this is legal?
45hr break 6 shifts 24hr break 5 shifts 24 hr 6 shifts 66hr break.

If i read that right i would say no, but thats only if i read it right.

45 hrs rest.
then 6 work periods.
then reduced rest of 24 hrs (leaving 21 hrs to pay back)
then 5 work periods
the reduced rest of 24 hrs (leaving another 21 hrs to pay back)
then 6 work periods
then as it is the end of the third week you need a full weekly rest of 45 hrs and you have tp pay back the 2X21 hrs from the previous reduced rests.

Total rest period should then be 45hrs+21hrs+21hrs=87 hrs.

I believe this is correct however im sure someone else will be along to correct me if it is wrong, but thats how i do it and it seems ok so far.

Madguy :smiling_imp:

The 21 hour payback times only need to be completed before the end (sunday midnight) of week 4 if the payback was from week 1

hgvcity.com/Regulations/regulations.htm

Weekly Rest Periods:

“Within six 24 hour periods from the end of the last weekly rest period, a driver will extend a daily rest period into either; a regular weekly rest period of at least 45 hours, or a reduced weekly rest period of less than 45 hours but at least 24 hours.
In any two consecutive weeks, a driver shall take at least two regular weekly rest periods, or one regular weekly rest period and one reduced weekly rest period of at least 24 hours.
However, the reduction shall be compensated by an equivalent period of rest taken en bloc before the end of the third week following the week in question.”

I always feel sorry for people asking questions on this site as there will always be members who will do there best to over complicate things.

OP, i really hope you get a simple answer to your question, as shown there will always be different opinions on the answers to questions asked however getting back to your original post, if everything prior to your 45hr rest was spot on and you work on a normal sunday to sunday week and there is nothing that you have to compensate for in your first 45hr rest then the 21x21x45=87 would mean that you get no infringement and the world will be at peace.

If however you havnt im sure that there will be another along within the near future to show you 101 reasons depending on your previous lifetimes work and driving times as to why your question cannot be answered and why all who try to help will be talking ■■■■■ and know nothing about what they write. GOOD LUCK!

Madguy :smiling_imp:

Before sunday midnight of week 4 is the same as - the reduction shall be compensated by an equivalent period of rest taken en bloc before the end of the third week following the week in question :smiley:

Madguy - there are two reduced weekly rests in a row in the OP so it becomes much more complicated to determine what the legal answer is because in ‘normal’ circumstances it would be illegal

ROG:
Madguy - there are two reduced weekly rests in a row in the OP so it becomes much more complicated to determine what the legal answer is because in ‘normal’ circumstances it would be illegal

ROG, thats a fair comment, but if you were to read the answers that have been put on hear so far and try to remember the time when you didnt know would you be able to understand what has been written.

I have a pretty good grasp of the tacho hours laws and as yet have had no infringment to worry about so trying to make it a little more simple i would think is helpful.

As it is even i cant figure out what the hell youve put so i doubt the OP is any the wiser.
With this in mind, i tried to give a simple answer that would keep him out of trouble as long as all things were equal.

As for this example being illigal, im really not sure how you have got to this as i do roughly this every week and have done for the past seven months, and as yet no infringments so i can only presume that not only myself, our guy who appriases all of the company drivers hours and the company who they all get sent to for checking and who generate the infringment notices must be all doing something wrong■■?

Madguy :smiling_imp:

madguy:
As for this example being illigal, im really not sure how you have got to this

In the OP example it lists a 45 full then 24 reduced then a 24 reduced then a 66 full for the 4 weeks

Taking the middle two consecutive weeks - where is the full weekly rest?

ROG:

madguy:
As for this example being illigal, im really not sure how you have got to this

In the OP example it lists a 45 full then 24 reduced then a 24 reduced then a 66 full for the 4 weeks

Taking the middle two consecutive weeks - where is the full weekly rest?

tis why i said that was illegal, you would need to do a 87 at the end of week three to compensate the two reduced rests 21 x 21 x 45 = 87.

not getting any further with this so ending now.

Happy Christmas Everyone and have a Great New Year

Madguy :smiling_imp:

Just to clarify. Prior to my first shift I
Had not worked in previous 28days.I am doing European work and am away 3 weeks. at a time.I

madguy:

ROG:

madguy:
As for this example being illigal, im really not sure how you have got to this

In the OP example it lists a 45 full then 24 reduced then a 24 reduced then a 66 full for the 4 weeks

Taking the middle two consecutive weeks - where is the full weekly rest?

tis why i said that was illegal, you would need to do a 87 at the end of week three to compensate the two reduced rests 21 x 21 x 45 = 87.

not getting any further with this so ending now.

Happy Christmas Everyone and have a Great New Year

Madguy :smiling_imp:

It has nowt to do with compensation - it does have to do with the weekly rest rules where a full weekly rest must be in at least in every other week

Are you working from an old set of pre 2007 regs ?

harry james:
Just to clarify. Prior to my first shift I
Had not worked in previous 28days.I am doing European work and am away 3 weeks. at a time.I

AH HA !! :smiley: :smiley:

What DAY of the week was your first shift after those 28 days off?

Were all those shifts what we would call normal day shifts ?

harry james:
Anyone know if this is legal?
45hr break 6 shifts 24hr break 5 shifts 24 hr 6 shifts 66hr break.

harry james:
Just to clarify. Prior to my first shift I
Had not worked in previous 28days.I am doing European work and am away 3 weeks. at a time.I

I am hoping that your first shift after having the 28 days off was on a monday because that would make it all legal for certain

The reason I say that is because the last 45 hours of your 28 days off can then be counted as the full weekly rest for the first 6 shifts with at least one of the 24 hour reduced weekly rests counted as the weekly rest for the 5 shifts and then you have a full weekly rest for the last 6 shifts (66 hours) as those last 6 shifts will have ended before sunday midnight
That would be…
full 45
reduced 24
full 66
with one spare reduced 24 not counted or needing compensation

and that would make it 11 shifts in a row without a weekly rest :unamused:

milodon:
and that would make it 11 shifts in a row without a weekly rest :unamused:

Two weekly rests of 24 hours have been taken so that 11 shifts in a row have not been done

One of those would be a SPARE weekly rest which is not COUNTED as the weekly rest for any fixed week

A driver could have many weekly rests in in one week but only one needs to be counted for that week so although the others are weekly rests they are ones which are not counted for a particular week and do not need compensating for

There is not a rule which says that a weekly rest can only be deemed a weekly rest if it is counted for a week

what I’m seeing, is 45h off counting for the first 6 shifts, 24h off for the next 5 shifts and straight after the 5 shifts you do 6 more (assuming you don’t count the second 24h, as you can’t do two in a row) and then take 66 off to count for the 6 shifts you had already done? 11 shifts without a weekly rest, which ever way I look at it.