Who can enforce the 9 or 11 hours rest period

I currently work for a courier in Manchester. My manager has stated and shown us in the tacho law manual the driver’s breaks and rest periods. They have shown us that a driver can have a 9 hours rest before the start of the next shift, up to 3 times over a 2 week period.

Who can enforce this rest law. Can my employer force me to only have 9 hours rest between shifts, or is it up to me the driver to say yes I will only have 9 hours rest or am I in my rights to refuse 9 hours rest and opt for 11 hours rest?

It classed as a resonable request and they can an you to have 3 9 hr breaks a weeks if you feel you would be to tired to start your shift afer only 9 hs off then you could refuse but you could end ip getting laid off or be the first to be laid off if things go quiet

. :smiley: :smiley: :smiley: Welcome parminder120 :smiley: :smiley: :smiley: .

parminder120:
They have shown us that a driver can have a 9 hours rest before the start of the next shift, up to 3 times over a 2 week period.

It is 3 times but between weekly rest periods and not 3 times over 2 weeks so that does not bode well for their credibility !!

Who can enforce the 9 or 11 hours rest period

We had a very big discussion on this recently - HERE and the conclusion was that planners CAN legally roster a driver for a reduced daily rest BUT if the driver states that they will not be rested enough in that time then, for road safety, the driver wins.
If the planner/boss then insists otherwise it is recommended that the driver gets that decision in writing including the statement by the driver but the planner/boss wont do that as it puts them in the firing line for a corporate charge if things go awry
SAFETY trumps all other rules and issues.

Forum with some useful stuff and Forum for questions on drivers hours

parminder120:
I currently work for a courier in Manchester. My manager has stated and shown us in the tacho law manual the driver’s breaks and rest periods. They have shown us that a driver can have a 9 hours rest before the start of the next shift, up to 3 times over a 2 week period.

Your manager is a trumpet and shouldn’t hold a management position in road transport.

parminder120:
Who can enforce this rest law.

VOSA

parminder120:
Can my employer force me to only have 9 hours rest between shifts,

No.

parminder120:
or is it up to me the driver to say yes I will only have 9 hours rest

Yes.

parminder120:
or am I in my rights to refuse 9 hours rest and opt for 11 hours rest?

You can.

parminder120:
I currently work for a courier in Manchester. My manager has stated and shown us in the tacho law manual the driver’s breaks and rest periods. They have shown us that a driver can have a 9 hours rest before the start of the next shift, up to 3 times over a 2 week period.

Who can enforce this rest law. Can my employer force me to only have 9 hours rest between shifts, or is it up to me the driver to say yes I will only have 9 hours rest or am I in my rights to refuse 9 hours rest and opt for 11 hours rest?

Can you scan a copy of this new tacho law manual into here for us, or at least find out the title of it, as they say you can learn something new every day :laughing: Today is not my day though :wink:

The company have a right to schedule a reduced daily rest period, so depending on the circumstances if you refuse to have a reduced daily rest period too often the company may have a right to say that you are unfit for the job and start disciplinary procedures leading to your dismissal.

Parminder. I am quite aware of a VOSA guide to the tacho regulation in a PDF form that you mentioned in PM. It is just not the same as the one that you quoted chapter and verse from.

The guide states;

A driver may reduce his daily rest period to no less than 9 continuous hours, but this can be done no more than three times between any two weekly rest periods, and no compensation for the reduction is required. A daily rest that is less than 11 hours but at least 9 hours long is called a reduced daily rest period.

Which appears slightly different to this;

My manager has stated and shown us in the tacho law manual the driver’s breaks and rest periods. They have shown us that a driver can have a 9 hours rest before the start of the next shift, up to 3 times over a 2 week period.

Vuvuzela was already mentioned :laughing: