Daily Rest Periods
A driver must take a daily rest period within each period of 24 hours after the end of the previous daily or weekly rest period. A driver must take at least 11 continuous hours of rest (called a regular daily rest period). However, this daily rest requirement can be reduced to 9 continuous hours up to 3 times between weekly rest periods (called a reduced daily rest period).
A rest
A rest is an uninterrupted period where a driver may freely dispose of their time.
Time spent working in other employment regardless of the occupation type or volunteering when there is an obligation to undertake duties cannot count as rest and must be counted as duty. This includes, but is not limited to:
For information on emergencies, please go to Emergencies
Alternatively, a driver can split a regular daily rest period into two periods. The first period must be at least 3 hours of uninterrupted rest and can be taken at any time during the day. The second must be at least 9 hours of uninterrupted rest, giving a total minimum rest of 12 hours. For example:
A driver may reduce their 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; 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.
Daily rest periods may be taken in a vehicle. However, it is expected that the vehicle has suitable sleeping facilities for each driver and the vehicle is stationary. Suitable sleeping facilities in a vehicle are considered a bunk or other type of bed, which is primarily designed for sleeping on. If a vehicle has, no suitable sleeping facilities then other arrangements should be made, for example, a hotel, hostel, guest or boarding house, chalet, static caravan or rental accommodation.
To summarise, a driver who begins work at 06.00 on day 1 must, by 06.00 on day 2 at the latest, have completed either:
Regular daily rest
A continuous period of at least 11 hours’ rest.
Split daily rest period
A regular rest taken in two separate periods – the first at least 3 hours, and the second at least 9 hours.
Reduced daily rest period
A continuous rest period of at least 9 hours but less than 11 hours.
Multi-manning
‘Multi-manning’ is the situation where, during each period of driving between any two consecutive daily rest periods, or between a daily rest period and a weekly rest period (and vice versa), there are at least two drivers in the vehicle to do the driving. For the first hour of multi-manning the presence of another driver or drivers is optional, but for the remainder of the period it is compulsory. This allows a vehicle to depart from its operating centre and collect a second driver along the way, providing that this be done within 1 hour of the first driver starting work.
Where the above conditions are complied with then the multi-manning concession may be used – that is each driver must have a daily rest period of at least 9 consecutive hours but they may do so within the 30-hour period that starts at the end of the last daily or weekly rest period (rather than the normal 24 hour period). Organising drivers’ duties in such a fashion enables a crew’s duties to be spread over 21 hours.
If however the conditions cannot be complied with, then drivers sharing duties on a journey will individually be governed by single manning rules and will not be able to use the concession, which allows daily rest to be taken in a 30-hour period.
Where a driver utilises the multi-manning daily rest concession (of 9 hours rest in a 30-hour period) that rest period cannot be counted as a regular daily rest as it is of less than 11 hours duration. These rest periods therefore count towards the limit of 3 reduced rest periods between any 2 consecutive weekly rest periods.
Drivers engaged on multi-manning, can however, if they choose, take either:
Both of these options are regular daily rest periods and so would not count towards the limit of three reduced daily rest periods between weekly rest periods.
This is an example of how the duties of a two-man crew could be organised to take maximum advantage of multi-manning daily rest concession:
The maximum driving time for a two-man crew taking advantage of this concession is 20 hours before a daily rest is required (although only if both drivers are entitled to drive 10 hours).
Under multi-manning, the ‘second’ driver in a crew may not necessarily be the same driver for the duration of the first driver’s shift but could in principle be any number of drivers as long as the conditions are met. Whether these second drivers could claim the multi-manning concession in these circumstances would depend on their other duties.
On a multi-manning operation, 45 minutes of a period of availability will be considered a break, so long as the co-driver does no work.
Other than the daily rest concession detailed above drivers engaged in multi-manning are governed by the same rules that apply to single-manned vehicles.
Being on call during a daily rest period
Drivers who are on call during any period of legally required rest must at all times be able to dispose of the rest time as they choose. This means that an employer cannot impose any limitations on drivers during such periods, for example requiring them to remain in, or close to home, or at another location. Drivers must be able to dispose of their free time as they choose (but this does not include undertaking any work where they are under the control of or are fulfilling an obligation to an employer). Being on call may only extend as far as a driver agreeing to answer a call during a rest period but only if the driver so chooses.
On receiving a call to return to work drivers may only do so if they have completed the legally required amount of rest or if the work is deemed an emergency See Emergencies.
It is recognised that some drivers volunteer to provide an emergency response, for example retained firefighters, RNLI or mountain rescue, and are on call specifically to provide such a response. Where it is a requirement for emergency response personnel to remain at or near home whilst on call, DVSA will regard the period on call as being rest.
Weekly Rest Periods
A driver must take a weekly rest period after, at most, 6 x 24 hour periods from the end of their last weekly rest; during which they may freely dispose of their time. It may be either a ‘regular weekly rest period’ or a ‘reduced weekly rest period’. There are rules on where the weekly rest must be taken.
In any 2 consecutive ‘fixed’ weeks a driver must take at least:
Other weekly rest periods of either type may be taken in any two consecutive ‘fixed weeks’ in addition to this minimum requirement.
A regular weekly rest period
A regular weekly rest is a period of rest of at least 45 continuous hours.
A reduced weekly rest period
A reduced weekly rest is a rest period of at least 24 but less than 45 continuous hours. It must be compensated for by an equivalent period of rest taken in one block before the end of the third week following the week in question. The compensating rest must be attached to a period of rest of at least 9 hours – in effect either a weekly or a daily rest period.
A fixed week
A fixed week starts at 00.00 on Monday and ends at 24.00 on the following Sunday.
A weekly rest period must start no later than at the end of six consecutive 24-hour periods from the end of the last weekly rest period. A driver’s working week starts at the end of a weekly rest period, and finishes when another weekly rest period is commenced, which may mean that weekly rest is taken in the middle of a fixed week. This is perfectly acceptable – the working week does not have to be aligned with the fixed week, provided all the relevant limits be complied with.
Note: It is permitted to have more than 6 shifts between weekly rest periods so long as compliant daily rest periods are taken between shifts and there are not more than six consecutive 24-hour periods between the weekly rests.
The following diagram is an example of how the driver’s duties might be organised in compliance with the rules on weekly rest, whereby one reduced weekly rest period may be taken in any period of two consecutive weeks.
The following diagram is an example of how a driver’s duties might be organised in compliance with the rules on weekly rest, which allow two reduced weekly rest periods to be taken consecutively. This complies with the rules because at least one regular and one reduced weekly rest period have been taken in two consecutive ‘fixed’ weeks. The additional reduced weekly rest period is needed to avoid exceeding 6×24-hour periods between weekly rest periods. Only the reduced weekly rest, which is taken to meet the requirement of taking one regular weekly rest and one reduced weekly rest in two consecutive fixed weeks, must be compensated for.
The following diagram is an example of a driver reducing a weekly rest period to 33 hours in week 1. This reduction must be compensated for by attaching a 12-hour period of rest to another rest period of at least 9 hours before the end of week 4. This compensation cannot be taken in several smaller periods.
A weekly rest period that falls in 2 weeks may be counted in either week but not in both. However, where such a rest period is of at least 69 hours in total and starts in one fixed week and ends in the next fixed week, it may be counted as 2 back-to-back weekly rests (eg a 45-hour weekly rest followed by 24 hours), provided that no more than 144 hours (6 x 24 hours) has elapsed since the end of the previous weekly rest period and start of the following weekly rest period.
Time spent working in other employment regardless of the occupation type or volunteering when there is an obligation to undertake duties cannot count as rest and must be counted as duty. This includes, but is not limited to:
*For work related to emergencies please go to Emergencies.
International carriage of goods
Note: This section does not apply to AETR regulated journeys, as the AETR Agreement has not yet been aligned with Regulation (EC) 561/2006.
Drivers undertaking international carriage of goods under EU rules may take two consecutive reduced weekly rest periods provided that, in any four consecutive fixed weeks, at least four weekly rest periods are taken, of which at least two are regular weekly rest periods.
For the purpose of this derogation, international transport is when a driver takes two consecutive reduced weekly rest periods outside the UK and the driver’s country of residence
It is permitted for a driver to interrupt these reduced EU weekly rest periods by a ferry or train journey as long as the whole of the rest period is taken outside the employer’s country of establishment and the country of the drivers’ place of residence.
When two consecutive reduced EU weekly rest periods are taken, the compensation for both reductions must precede and be attached to the next weekly rest period that must be a regular weekly rest period.
Where two consecutive EU reduced weekly rest periods have been taken, those working under a combination of both EU and AETR rules must still ensure that within the four-week period, two of the weekly rest periods are regular weekly rest periods and the rules on compensation are complied with.
The following diagram is an example of a 4-week period where two consecutive EU reduced weekly rest periods have been taken and how they must be compensated for:
Note: for the regular weekly rest part of this extended period of rest to be attached to week 3, it must start before 2400 hrs on the Sunday of week 3.
This is the same example but also shows the requirement to start each weekly rest period, including the regular weekly rest with the compensation preceding it, no later than 6 x 24-hour periods from the end of the previous weekly rest period.
For the purpose of this derogation, international transport is when a driver starts / takes their two consecutive reduced weekly rest periods outside the UK and the driver’s country of residence
Drivers must also return to base or their country of residence once every 4 weeks – see below.
The normal rules on sleeping facilities apply – see sleeping facilities below.
Returning to base or driver’s country of residence
Note: This section does not apply to AETR regulated journeys, as the AETR Agreement has not yet been aligned with Regulation (EC) 561/2006.
Operators must organise work so that, within each period of four consecutive weeks, drivers working under EU rules can return to the operating centre where the driver is normally based, or to the driver’s home. This is in order to spend one regular weekly rest period or a weekly rest period of more than 45 hours including compensation for a reduced weekly rest period.
The driver’s work must be organised so that he is able to return to base or home before the start of the regular weekly rest period.
Where the arrangement is for the driver to return to their home for this rest period, they may choose to spend it elsewhere such as a friend’s home, holiday accommodation etc.
The following diagram is an example of an 8-week period with the driver returning to the UK operating centre where they are normally based or to their home:
Drivers taking 2 consecutive reduced weekly rest periods on EU international journeys must also return to base or home once in every 4-week period to take a regular weekly rest, or a regular weekly rest period to which one or more periods of compensation for reduced weekly rest periods are attached.
The driver’s work must be organised so that they are able to return to base or home before the start of the regular weekly rest period or, in the case of the compensations for 2 consecutive weekly rest periods, before the compensatory rest commences (as these must precede the regular weekly rest period).
The following diagram is an example of a driver on an EU international journey who takes 2 consecutive reduced weekly rest periods returning to the UK operating centre where they are normally based or to their home:
Operators must keep documents at their premises to show how this is complied with for all drivers it applies to.
Sleeping facilities
Reduced weekly rest periods may be taken in a vehicle. However, it is expected that the vehicle has suitable sleeping facilities for each driver and is stationary. Suitable sleeping facilities in a vehicle are considered a bunk or other type of bed, which is primarily designed for sleeping on. If a vehicle has, no suitable sleeping facilities then other arrangements should be made, for example, a hotel, hostel, guest or boarding house, chalet, static caravan or rental accommodation.
It is not permitted to take regular weekly rest periods and any weekly rest of more than 45 hours, which include compensation for previous reduced weekly rest in a vehicle. Such rest periods must be taken in suitable gender-friendly accommodation with adequate sleeping and sanitary facilities such as a hotel, hostel, guest or boarding house, chalet, static caravan or rental accommodation.
Cost for accommodation outside the vehicle must be met by the employer.
Being on call during a weekly rest period
Drivers who are on call during any period of legally required rest must at all times be able to dispose of the rest time as they choose. This means that an employer cannot impose any limitations on drivers during such periods, for example requiring them to remain in, close to home, or at another location.
Drivers must be able to dispose of their free time as they choose (but this does not include undertaking any work where they are under the control of or are fulfilling an obligation to an employer). Being on call may only extend as far as a driver agreeing to answer a call during a rest period but only if the driver so chooses. On receiving a call to return to work drivers may only do so if they have completed the legally required amount of rest or if the work is deemed an emergency.
It is recognised that some drivers volunteer to provide an emergency response, for example retained firefighters, RNLI or mountain rescue, and are on call specifically to provide such a response. Where it is a requirement for emergency response personnel to remain at or near home whilst on call, DVSA will regard the period on call as being rest.
Source – DVSA
