Cl Suppose an employer sends a man to a driving course
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Monday to Friday, seven hours a day. During this time the employee doesn't drive more than four hours a day, or travel more than 25 miles from base, driving an unladen vehicle. (Therefore it wouldn't be necessary to keep records.) Once the course has ended on Friday, could this man resume his normal driving duties on the Saturday and Sunday of that week? Or must he take a rest day?
Is a driver subject to the half-hour break after 51 hours' duty rule, while attending such a course?
AAn employee at a course from Monday
to Friday who does not drive for more than four hours on any one day, and has not worked or driven for his employer on the Sunday at the beginning of that week, can then work a full day for that employer on the Saturday (within the normal spread-over limits) so long as he does not then exceed 60 hours on duty for the whole of that working week. The Sunday which follows is in the next working week and does not affect the issue; the requirements would have to be assessed quite separately for a rest day in that following week.
However, if he worked the Saturday at the end of the first week and exceeded four hours' driving, then the regulations would apply retrospectively to his hours for the whole of that week and he would be required to have a half-hour break for rest and refreshment after 51 hours on duty. Because the driver would presumably be attending the course as part of his job and so be paid, then "duty" would, presumably, include course time.
If during the first week, the man had worked a full day, driving more than four hours, on the Sunday at the start of that week, then the hours regulations would apply to the whole of that working week and he would have to be given the Saturday as a rest day in the week mentioned.