working times

tachograph:

JS8576:

JS8576:
BUT, does taking a daily rest reset the 24 hours?
i.e start work 6am, finish at 3pm take 11 hours daily rest. Can i now start work again at 2pm and the next 24 hours starts from this time?

A new 24 hour period starts at the end of a daily or weekly rest period, so yes once you’ve had the required daily rest a new 24 hour period begins when you restart work.

JS8576:
ALSO, if i started work at midnight worked until 9am, took 11 hours daily rest. If i now did 2 hours driving at 10pm does this (as above) start a new 24 hour shift or do those 2 hours belong to the same day?

If the daily rest does reset the 24 hours then i understand that.

You understand that then.

As above, a new 24 hour period starts when you start work after a daily/weekly rest period.

Tachograph, can you please point me to any official documents that state that taking your daily rest resets your 24 hour period? I’ve always worked to this rule and never had any infringements but I was talking to a colleague last week (usually very reliable and on the ball with regard to hours) and he said different.

He said that if, for example, you started at 0500 on Monday and finished at at 1700 and drove for 8 hours, then had 9 off and started at 0200 next day you could only drive for 2 hours max in the first three hours of that shift cos the 24 hour period was counted until 0500 the following day

@ kevchalluk

They’re talking about domestic regulations.

Are you on EU regulations ?

I’ll post the regs later when I get home.

Yes on EU regs. I’ve scoured the Vosa booklet on drivers hours but couldn’t find it written down in black and white. As I say, I’ve done it like that since I passed my test three years ago but if he’s wrong I’d like to show him so he isn’t messing about unnecessarily!

Thanks

kevchalluk:
Tachograph, can you please point me to any official documents that state that taking your daily rest resets your 24 hour period? I’ve always worked to this rule and never had any infringements but I was talking to a colleague last week (usually very reliable and on the ball with regard to hours) and he said different.

He said that if, for example, you started at 0500 on Monday and finished at at 1700 and drove for 8 hours, then had 9 off and started at 0200 next day you could only drive for 2 hours max in the first three hours of that shift cos the 24 hour period was counted until 0500 the following day

Your colleague is describing the daily driving limit for the UK domestic regulations which do indeed count daily driving time and duty time over an actual period of 24 hours, however the EU regulations are different and the daily driving time is calculated for the shift between daily rest periods.

EU Regulations on daily driving time:

Article 4 - (EC) 561/2006

(k) ‘daily driving time’ means the total accumulated driving
time between the end of one daily rest period and the
beginning of the following daily rest period or between a
daily rest period and a weekly rest period;

Also see page 18 - rules on Drivers Hours and Tachographs


However if you really want the meaning of a period of 24 hours it’s a bit more complicated, the regulations don’t actually say that a daily/weekly rest period resets the 24 hour period but what they do say (although not directly) is that a 24 hour period begins when a daily rest period ends

Article 8 - (EC) 561/2006

  1. Within each period of 24 hours after the end of the
    previous daily rest period or weekly rest period a driver shall
    have taken a new daily rest period.

Judgment of the Court (Sixth Chamber) of 2 June 1994.
Go straight to the bottom of the page to save some reading (ignore the 8 hour bit the rules have changed since then) :wink:

  1. The expression “each period of 24 hours” in Article 8(1) of Regulation (EEC) No 3820/85 must be interpreted as meaning any period of 24 hours
    commencing at the time when the driver activates the tachograph following a weekly or daily rest period. Where the daily rest is taken in two or
    three separate periods, the calculation must commence at the end of the period of not less than eight hours.

Thank you for that, much appreciated!